The New York Herald Newspaper, December 27, 1868, Page 9

8 NEW YORK CITY. THE COURTS. UNITED STATES CIRCUIT COURT. Arraignmentys—The Blaisdell Whiskey Case Set Down for Trial=The Great Coton Before Judge Blatchford. ‘at the opening of the court yesterday United Btates District Attorney Samuel G. Courtney moved that the names of several parties against whom. in- dictments have been found by the Grand Jury for va- rious offences be called, and that the accused, if pre- sent, shall plead guilty threto, and if not present uhen Dail should be forfeited, Mr. Courtney was anxious to proceed at once with the case of the United States va. Blaisdell and others, and also with some other Kindred cases springing out of it that were of nsiderable interest not oly Ser being all more bs Jess associated with schemes of againsi (fe revenue—to the government, which was desirous to get them disposed of at the earliest moment, but also to the general public, to whom these alleged whiskey frauds are becoming matters mythical rather than real. The important government Cotton Cause ‘was, however, first on the calendar—the case of the United States vs. Vernon Stevenson, involving $1,000,000. This case was siready peremptorily fixed for Monday next. It would gsr several days, but be (Mr. Courtney) would wish bis Honor to sei down tie Blaisdell case (0 foliow immediately on the close of the cotton case, and that the other ‘Whiskey cases should be calied on in their order, The Court acquiesced in the District Attorney's spollosion: ‘The clerk proceeded to call the names o in; the parties againse wliom indictments are pend- The Binisdell Whiskey Case. Th case of ihe United States vs, Alwah Blaisdell, John J. Keivel and others was the first cailed. ‘The accused were not present, but came into court soon afier aud picaded not guilty to the indicunent. ‘The Court ordered the trial in this case to follow first alter that of Ue great cotton case, The Dupuy Whiskey Case. Fhe United States vs. Jacovp Dupuy and Moses Dupuy was the next called, the parties appearing® and pieading not guilty. The defendants in this ease are charged with running off with a quantity of distilled spirits from the Blaisdeli distillery, in Firty-fourth street, while the distillery and its con- ‘tents were under seizure and tn possession of United States oficers. Tho trial of this case 1s fixed to fol- dow the Blaisdell case. Charges of Perjury and Subornation ‘of Perjury. The Untied States vs. George B. Davis, Jesse C, Rowe and Henry Shaw,—The two firat named defen-” @anta are charged with perjury and the latter with gsaboruation of perjury. 1t will be remembered that wome time ago a conspiracy, as alleged, was gotten ap by parties eu ose to be in the interest of the ‘whiskey ring, which carried on extensive operations rd city f fraud ‘of the government, and which lector Bailey, of the Fourth district, was so ‘active in break! ng up and Lens oped the offenders ®o justice. The principals seeing that their occupa- gon was going from them through the zeal and ergy of the Collector, trumped up a series of ‘harges of malfeasance {n office against him, and poet the services of several needy and unscrupu- jus adventurers to swear to these charges. ‘The 8 against Mr. Balley having all fallen through examination, he at once caused the arrest of the jes suborned against him, and In scveral cases i them committed for trial. The defendants named ‘escaped for a time, but were subsequently arrested on bench warrants and yesterday morning were ®rought into court to eae Each of the defendants teaded not guilty. i! was fixed at $5,000 euch, to Sopear for trial whea called on, A Habeas Corpus Case. The United States vs. Leopold Lippinan,—'The de- fendant in this case was charged, under the four- Wwenth section of the Internal Revenue law, with omitting and neglecting to give a full return of his to Whick cent to such tax in case a false return is le 18 ample therefor, and the withholding or non- juction of such books and testimony when an portunity is offered to the relator to take the neilt of such \estimony and the production of such ks ent to warrant the assessor in making: wut the nearest perfect return, under the cireum- mances, that he can. The relator must be remanded 4 the cusiody of the Marshai until he attends before © assessor With the books referred to iu the surm- Mons. Order entered accordingly. Charge of Counterfeiting. Martin Schaick, Daniel Coffee and obert Royd, Indicted for counterfeiting, were arraigned aud Pleaded not guilty, UNITED STATES DISTHICT COUAT—IN BANKRUPTCY. Petitions Filed During the Week. Before Judge Blatchiord. The following is the list of petitioners who fied their petitions in the clerk’s oMice during the past week:— William Hayman, Willfam Dall, George A. Quinn, ot, Fellones, J. Platt Rowers, Nathaniel W. How- il, Henry H. Sackett. Joseph Jacobs, Lewis C, Free- n, A. W. Despard onigsberger, Samuel George C.' Wood, Adolph . Ackerman, Samuel Leg- doha Coleman, Michard Calron, Montz Meyer, us Konberg, Charles E. Hall, Lewis A. Carman, ui Kaater, Frederick F. Cornell, Jultus Noongozer, . Ackerman, Theodore Evans, Kobert FP. Me vi Crotl, Julius W. Tynet Morris Prahant, > ‘ittenden, Charles EB. sargeat, Wiliam J. Bart Cuarles Barker, Frank C. Mores, Benj. W. Titon, Win. Loto, Crawford Williams, Warren P. Crandell, wene M. Conkita, James M, Cromeiien, Samuel Hoield, Alexander 8. becker, Cornciius V Leopold, Charles F. FE: ‘Wiliain Kenisberg, sol y, Philip Brown, Ly Lemon Lansbargh, Aivert H. Hove Backett. fc ; sake Haintt, Thomas MN. Discharges in Baukraptey. Discharges have been grauied on the following cases dy Frederic x vols R Cholwe HL Aldrich, W. Jones, J W. Waller, i Demorest, yin ©. Pal porge W. SUPREME COURT—CHAMBERS. The Ere Litigation—sp Dinseunstor Obtaining of Mr. Diven’s Testia Affidavit to be fad Voluntarily or Invelun« torilyClosing Argument by D. D, Field. Hetore Judge Cardozo, rdson, George Jon Slaigat vont et ad. ts. The Erie Raitray Com- ‘The concluding argument in the bpplication by the defendants in this case to reopen ‘uid set aside the order appolnting Henry E. Davies RMoviver of the Erte Ratilway Company came on yes. lerday morning before this court. Mr. Rapallo, for the plainte, rose and said:—If your toner please, before the argument of this mo- Yon proceeds | would state that ou Toesday last 1 obtained au order appointing a referee to tak one tion of Mr. Diven, whose af wit 4 to procure for th submitting to your Hom that you would give us perml on tas motion. Mr. Diven was same ppear before the referee on \ the referee, M amined, but we were there met by an he meanwhile suspending al! proceedin @xamination of Mr. Diven, which of cour: impossibie to procure ‘the aflidavit. + Objection wo the examination of Mr. Diven could ox te I ce understand, for certamiy Mr. Diven could have no right to object to such an order, he having refused to make his affidavit voiuntar As to the defendants, they no right to tn- ferfere, for this was a’ matter parely ex parte, and the fa men tight as weil attempt to restrain me from drawing any aMdavil in my own office @hich I thought proper to submit to your Honor e« to mierfere with this examination : still they have Shought proper to procure tis stay, and now I woall ase your Hogor that fa 1 procure this afitari: I may be at liberty to exbult it during the argumen: or before y your decision. have mad & one of “1 and one of the code pe making of 4 depasiti intends to make atid © id Divea's 7 necesaary quer tie statatn e “necemary.” it ft aniy | neceesary” shat the wines | i (ft Cannot be amid cas whee (he party serking read it, and, of conmae, When 4 | Sage whieh the present ones | “vie con be geet a | only be “necsmary,”* fiere } Gaeleed whieh would war the diecretion o mak motion is in the are m0 farther a matter of right. It fore, when © ise rani me in the e mae to permit ada plaintiffs were bound a amMdavite if they Could, ia reply to those eoat A. 4 the motion to vacate the order tor taking We. Diven's deposttion, Bow his affidavit was aecewary, | They sh ve disel ey expertad i prove att as materi & houber the fa , Wy gh Ops | NEW YORK HERALD, SUNDAY, Mr. Brown’s affidavit that Mr, Drew must have re- | at least, applicable to private ones. Whatever fused to make & deposition before the demand which was made the of thig application was made upon him. “These matters atleast should have been shown to authorize me to say that the aMdavit was nO necessary for these yons that | would be justi- fed at this late day, the liberal opportunity T have atforded to both sides for the preparation and discussion of these motions, and after I have de- voted so much time to them, listening already to SIX speeches, and when nothing remains but to hear ihe it of the counsel who was to cl tn thro’ ‘Open the whole case again; because, course, if aiidavit of Mr, Diven were allowed 0) must be atforded to the defendants to rtumity meet it, thus indefnitely rastinating and ex- this matter, ‘The plaintiffs not having when thus called upon shown the aitidavit to be ‘neees- sary,” the order to examine Mr. Diven must be va- Mr. Rapallo—We shall eventually procure the attidavit of Mr, Diven, notwithstanding | attempt of my Jearned friends to stifle this evidénce. ‘The Court—Mr, Diven has a right to make an ai. davit voluntarily if he sees fit. Mr. Rapalio—We shall compet it involuntarily. The Court—The present disposition of the motion does not cut you off from any future application, Mr. Rapatio—I am quite aware of that, and if T am fortnate enough to obtain the afidavit before your Honor has decided this motion, 1 think you will be satisfied that tt ought to be recelved. Ant if it is not procured until after your decision it may afford @ ground for rehearing, Mr. Wield, for the defendants, then proceeded with his argumept, and said that the plaintif's had in- sisted in answer to the defendants application that the court has not power to entertain the application; that if entertained it would be contrary to the prac- tice of the court to grant it, and that if granted and a@reargument had the order appotnting Mr. Davies receiver should not be dischm or disturbed, The defendants, on the other hand, insist that the court has power to entertain the application; that bein: entertained it should be granted, and that upon the reargument, taking into consideration the additional papera now before the court, the order appointing Mr, Davies receiver should be dis- charged. We claim that the court has power to en- tertain the application. That power is expressiy vouferred by tion 174 of the code, which declares that the court “may, tn its discretion and upon such terms as may be just. at any the withiu one year afier notice tuereof, relieve a party from a judgment, order or other proceeding taken against him through his mistake, Inadvertence, surprise or excusable .? Even without this provision the power of le court to entertain the application could not have been doubtful, We know that it is acommon prac- tice to give leave to renew @ mouon once heard and decided. If the moving party can have a rear- gument there is no reason why the resisting pariy should rot also have ii. A motion has been reargued “& second thie before the Chancellor of England, though various technical objections were urged ainst ii. (EX parte Hesley, 3 Macn. and G., 257.) The English Court of Chancery will in general re- hear peiftions and rescind former orders upon fresh evidence tendered. (Re Lavender, 4 Deac. and Chit. 497, See also Attorney General vs. Croft, 15 Jur, 1028.) The case of ex parte Livingston, 34 N. Y. 555, décides bests | against the existence of the power, Ifthe Conrt had not the power of reopening @ mo- tion there must often be a denial of justice. An ap- peal brings up for review only those papers on which the order complained of was granted. Other papers may be most important to the ends of justice. ‘The party may inadvertently have lost the oppor- tunity to produce them, Would it not be the gross- est ipjustice to debar hin from the opportunity to exhibit his whole case? Yet no other means are lett him to do this except a reopening of the motion. When it is said tnat the reargument should be had before the judge who made the first order the answer is that this was attempted im the present case. The defendants’ attorneys went into chambers to ask Mr. Justice Sutherland for the order to show cause, But he was absent, and Lnewied pe they went to Mr, Justice Cardozo, who was holding the other branch of the Court at the Special Term; that there is, however, no sufficient or legal reason why a inat- ter heard vy one judge may not be considered anew by another. It is a common practice to make a mo- tion for & new trial before a judge other than the one who tried the case before. It tas been held by the General Term in the First district (Seldon ve. Chris- topher, 1 Abb., 272) that an order made by one judse on argument may be modified by another at Special Term and by the General Term in the Sixth dis- trict (Wilkinson vs. Titlany, 4 Ab»., 98), that an order improvidently con may be set aside by qny jadge of the court. It is satd, however, Sua the ddten - ants have appealed from the ofder, nd that debars them from moving to dischafge 1 ‘There is no in- sistency between the two proceedings, as there is betwoon appewing from au order and taking the beneiit of if, asin Bennet vs. Van Syckel, 13 N. Y., 481. ‘The reopening of the motion aud a Teargument, being thus shown to be within the power of the Court, should be granted. The defendants were on the former argument taken by surprise. Though the order to show cause was granted on tue 16th of No- vennber, returnable on the 23d, yet it allowed affida- vits in Co ig of the motion to be served till noon of Seturday, the 2ist. ‘ill these aMfdavits were ail served the defendant's counsel could not know the extent of the attack to be mae, and therefore could not reasonably be exvect io arrange the defence, More than this, knew. the injunction in| Melmtosh’s case prevented any movearentin Belmont’s case, and it was not till Saturday, the jst, that they were served with the papers on which the motion to vacate that injunc- Gon was to be made, This motion was of course t" rst to be met, and preparation - for that must occupied what was left of Saturday and Monc morning before the time of argument. It was, therc- fore, no wonder that they were not then prepared for the main argument, Under these cireumsiances afidavits of surprise and lack of preparat.on were hardly needed. But there are aidavits, nevertheless, of the most positive character, that the defendants were taken by surprise and unpi pared. The principal defendant 1s a corporation in Whose capital is invested the property of a great many persons, Any negiect of the officers, if neglect there be, to present the whoie of their case would ope- rate to the disadvantage not only of themselves, but of many inuecent persons. For the sake of these, if Jor no others, ample at should have been aTorded for (he mvesiigation of the facts and the law on which the right to administer the enormous orporation must be made to depend. inagnitade was sure to be carricd by one party or the other, upon appeal, to t 1e- ral term. There the case could be heard oniy upon the aliidavits used In the first instance. No oppor- unity is there afforded to supply defeets in proof. they Considering, therefore, the relations of the parties, thoir respective positions, personal and_ represenia: tive, the magnitude of the tuterests involved and the es of a decision, it was reasonable in the NSC { counsel to expect a little farther at's: » to present the ¢ of thelr clients. Say- jug tuis does not in the least reflection upou the jnige who reinsed The delay, His nprighiness in ai! things, iis firmness in the dis. charge of his judictal duties, his uniform cour ow the bench, and his painstaking solicitude to that justice is done to every one, are Known to ail. Noting more is meant than that he erred, as all men may err. sab For ail these reasons the defendants (that acase is presented, in which not oaly rynment proper, but in whieh a deniat of it would work it injustice. If @ receiver were r at ail, Mr. Davies should not be thet receiver, because he has no knowledge of management, Some acquaintance with ways must be considered neces. » 18 to menage them. If the reeeiverstip were to wind up it be some show of reason in rvice; but to carry on the iin repair, lay down new ratis, He) only purpose of th the concern ther appointing him to the tradie, keep the ra Taaintain the connections, compete for goods and passeugers, are not duties for which he ts qualified, and to put them npou hia (s to tueite disor ter and lows. If he were fully competent his ayin- and his Inter are opr ice of the rights of the cow Most saaterial resne was the counsel for the Vanderbilt interest late litigation, “That interest was stely fur to presume |e stil striving, to make the of the Hudson River and Central outstri the Competition for Western traitie, expected to espouse the cause of the 1 against bis eu. Nor can he be ed to be ove at between the two, itis idle to say that tn aibed and paid by iloodsac very- bod Cwith the tiugadion,and espeetally the Judges who hear and are to b wi Ulils case, w that Bioodgy he mero tender and insirument of Sene: of Vanderbilt. July, & most Nagitte of tuvestigatton fi ing agalast Vane | tcin'rerm tt per. for and instrument tliement inade On, 18 NOW ie pre tt itt are p ork to inake Is Mr. Davies a eof Those walis? Wilt he prose 1 earnestness to make tem ecind mouey OUt Of Whici ve are alt certain Scnell repaid ficodgood whatever Blo: d paid Mr. Davies? But there siowl:t be no re fa mad, for one, To retain the order (or the apna ment would now, after the lit thrown. upk | Case by the present evidence, be grievous error, The ment was sougut and ts defended on the ad of mismanagement, This iaismanage- said to consist: In using the funds of the the Pp @ re-clection; premature clos- e books for the same purpose; new stock to he voted upon to ead; using the fauds of the company in «va'e specniations for private benefit; chanw!ing paws in order to retain ofiice; aitering the frandulent Intent; secreung the money any of removing it to Canada; issuing » toad tae prescribed amount; locking up she vote. The talsmanagement, it 1wust be borne in 4 charged to be the actof three of the direc- it-sers. Gould, Piek and Lane, out of sevegicen, plait toe remaining fourteen being “hey are too much under the influence «4 the it ie — of Lnese charges and the pruols to one it is to Le observed that if the et, a8 alleged, even then they woul pet © case bor a general receiver, and for,th ce, tet gue @ receiver cannot be ap- the sot Of @ Stockholder; the second, that 4 xt MAN TNS A dots not furnish a samignent ‘ ing the receiver; and the Gurd, ammageaent eileged ia this case was Of seventeen directors, If the city of New ark, were vaeter of @ ageetal fund and were about / qos & hacen of trast in % to it, we world aims Met aot oniy might city he en- Nit UE a pores f the fand might be ap- vat fie lawyer woukt be laughed at who vane Met a re * might be appoiuted to 16 orn ne matter how many on of (raat ie danas officers of the city might Y in whut commen the Aldermen “oF hat applicable to orportone ae, i a Certe sense control the court has over the internal aduinistra- tion, the machinery of corporations, is derived from the Biatute; and that statute most menifesily cou- fines the right of interference to cases where either the State or a general manager of the corporation, or a creditor, invokes its power. If the three di- rectors complained of have done wrong let them be Temoved, ‘Their removal will relieve the rest from their influence. It surely was never thought cause for pultiag the New Haven allway nto the hands of a re- ceiver, that its president, Schuyler, having acquired great ‘Induence over the remaining direciors, had obtained undispnted control ef the company and availed himself of his position co issue quantities of spurious stock. His fraud was, flagrant and cou- feased, the neglect of duty on the part of the other directors manifest, and the affairs of the company Were in mych disorder, Nevertieless, the road was not taken out of the hands of the stockholders, or of their representatives, the directors. Itis trae that the delinquent president absconded; but then the compa- ny was le(t in the hands of the other faulty directors, Tt was left in the state in which the Erie Company would be left if a delinsuent director or oifieer were removed, Granting, therefore, for the suke of the argument, that all the charges of the complaint are true, there 18 not cause for the appointment ofa receiver, as was ordered on the 23d of November, displacmg every one of the directors, and giving over to an appointee of the Court the whoie of the Erie Railway, with all its franchises, roads and equip- ments, iis numerous branches and its vast and varied interests. The Erie Railway is | the greatest highway of the State, stretching from tne Inkes to the sea Next to the Erie canal, it has been watched wtilt more rolicitude, guarded with more care, and endowed with more treasure than amy work which the government of the State ever fostered. Already it bears the trafic of the great Central States and ts holding out its arus to'grasp the cow- merce of the Continent. While this litigation has been in progress, and within the tast wee! enormous links of the Atlantic and Great We: Railway have been taken lato the chat of the i Railway. Here is a pregnant mstance to mark the error of this appointment of a receiver; for if the appomun had been suffered to take effect this connection could not have been periected, and not only ihe Erie Railway, but this proud city of New York, and the great State itself, would have had a channel less for extending trade ant cumulating th. The company being tn pressing need of mo! for finishing and operating its road, had recourse to the issue of convertible bonds, such issue being mace by the late, and not by the present, board of directors. After the election of the present board, the bonds thus 13sued, or @ portion of them, were converted into stoe! But let me say 2 word about the charge of locking up a part of the roceeds of the bonds, and keeping the notes on Rana, iustead of making a general deposit of them in the banks. How, if this charge were trae, it conld possibly be just cause of complaint ny a stock- holder fam unable to see. Whoshallsay that it was not more prudent to keep the legal tender notes, ready for any emergency, than to de it them in banks, or to invest them in fluctuating securities ? If this aifected the money market it was because we have a victous currency, consisting of trredeemable paper manufactured by the government, which paper, nevertheless, the government forces the citizeu to receive in payment of debts, Mr. Field then at considerable length discussed = the question of the power of the compauy to issue the convertible bonds, citing voluminously from the General Railroad act, and, continuing, said:—As a question of finance, It is beyond question that the directors of the Eric Railway did well to allow the conversion of bonds into stock if they had the power to doso. They had power, because such is the natural sense of the words used in the tenth subdivision of the twenty-erghth section of ye Gene- ral Railroad act of 1850; because In'any other sense they would be superfiuous; because such has been thelr construction by the Legislature, and because such has been the practical construction by the engineer’s deparimeut, by railway managers and by the public im general. ‘The Legisiature has in other acts, by express words, given to the directors of corporations power to in- crease the caplial, through the issue of convertible bonds, The capital of the Hudson River Ratiroad Company was reported to the State Engineer in December, 1597, and by him to the Legislature in 1868 as $6,962,971 45. The report states the capital stock as by charter to be $4,000,000, and the total amount now paid im of capital stock to be $9,981,500, fi the act of 1853, authorizing the consolidation of the railways between Albany ana pote t i, 76), ik was pbroyided that the direc- ors of the diNerent companies night enter tanto an 4 reerment for consol 1aiton, specifying, among other things, “the Rniount of capital and the number of shares of the stock of the new corporation, which shall not be iarger in amount than the aggregate amount of capital of the several corporations thus consolidated, and which shall not be Increased ex- ceptin accordance with the provisions of the act passed April 2, 1850, the general raitway act. In pursuance of this act an agreement of consolidation was entered into May 17, 1853, creating “the New York Central Railroad Com- pany,” by the third articie of whicn it was provided as follows:—"The capital stock of the sald new cor- poration heme limited by the act aforesaid to tie aggregate amount oi the capitals of ‘he several cou- pan thus consolidated, the respective parti heret severally agree and dociare that the capi- tal stock of the said corporations respectively, to- gether with the amount, if any, of ontstan:lng bonds lowally issued by the said several corporations, ‘anes the right and priviiee to the holders tiereo! to Con- vert the same Into fhe capital stock of such cor- porations respectively at par, og | surrender of the — said bonis, and on the — terms therein mentioned, are as follows :—The present actual wuld np capital stock of the Albany and Schenectady Railroad Company, divided mto shares of $190 each, 1s $1,535,000; the amonnt of the principal of the bonds of the said company, convertible into stock thereof, as aforesaid, and now outstanding and un- paid, to £89,009; and so for other companies the total paid up capital being $22,858,600; and the total of convertible bonds issued by the Albany and Schenec- tedy, the Rochester and Syracuse and the Rochester, Lockport aud Nisgara Falls Railroad Companies, being $227,000, forming an aggregate nt capital of $22,553,400, subject to be increased by the conver. sion into stock of the said convertible bonds tha suut of $227,000, making in all the sum of $25,035,600, ‘The capital stock of the new corpor is, there- fore, fixed pursuant to the said act of t the aforesaid aggregate sua of divided into 225,56 sh: of $100 su being subject to bo mereased by the conversion into stock of the principal of the said outstanding bonds from time to time, so that the same shail not, when all the said bonds sh xcee! the gam Of $25,085,800, to be dtvide 66 shares of $190 each.’ The eapttal New York Central Railroad Company was reported to the State Engi 867, and by him to the Legista- 9 000, This is stated In the repart to be $3,796,000 In excess of the capital reported in the previous year, the addition being made up of 1,726,000, occasioned by the conversion of bonds due in 1874, and $2,000,000 in exchange for the capi- tal stock of the Saratoga and Hudson kr road Company. Upon examining the statates it will be seen, that besides the convertible bonds thus pro vide! for, the actaai paid-up capita! of the tea cor- porations, parties to the consolidation agrosment, was largely m excess of that Uxed by their charters, Iti remarkable that Most of the railway undet- into takings of this country were began wrth ftnade: quate capital. It is also provided, § 28, sub. jo, that e railroad corporation that might be organized under tis act (and every railroad cor- poration then existing, sect.on forty-nine,) should have power “from time to time to borrow such sttme of money as may be necessary for completing and furnishing, or operating | elr railroad,” and to Issue bonds therefor, convertible into stock. The power thus conferred could not be exercised by most of the existing ratlway corporations in any manuer, except by inereast Their z thelr cupital. stock, it Was known to the Legislature, had been all subseribod and called in. Year after ye ‘wn imecreace of capital had beea author- ved by peraltting money to be borrowed, and the amonut borrowed converted tuto eapttal Stuck. This section (see, 28 Sub. 10), which ta, by ex dle applica ons, moperative. uf they cannol In- pital by borrowing on convertible ia for the p’ es mention «i. |s ti possible fo that the wled, by the geners! s of thi aot oF 1960, wrovide for xiwenctes ia the histor) of railway corpo- which it had theretofore vided for legislation? that it hvendet to give ait orporations the power to do ‘iat which had iven toso many? There was 5 nh would uae it store of the Erte or Central a divere- tion which had been given to the « roetors of the r and Todson, te Hudson River aud the Sy- ise and Rochester Railroad Corportions. Here Ne may be useml to see what has heen the tendency wiish legisiation, to wireltT have heretofore al nd OF th tion of other States. “By ys Redfield. “loan may, on verted tnto capit wo 2. See aisy Hodes, 160, ondon and Croydon Ry 14 London and brighton 5 vido. statu tes, ditions, be col 10 ey established by the con porations soul wed by gen eral laws, and by no others. hoc ver, therefore, considered the granting of power to increase the eaplial (hrongit the issue of convertibie sonds proper im respect to the companies that lave been men- tioned, must, out of deference to the constitution, have been in favor of giving @ like power to ail corporations in like cases. This policy of the present constirution has found a More emphatic ox- ression inthe constitution framed by the conven. jon of iast year, by which the provision of the pre- sent constitution was enlarged, go as to forbid the alteration of corporations bat by general laws, If that constitution were adopted it Would be impos- ple to grant to any corporation tie privilese granted to the Mohawk and Hudson in) withont ni the same time granting it to all the railway corpo rations of the State. Two objections have been put forth to out constraction, which shoud here be auswered—that the inthe section 1s made inconsistent with the twenty-cignth, and the other, that we give the directors power to affet injurionsly the property of the stockholders, without their ability to prevent it. in what respect is (ie ninth sec~ tion incoustetent with tke twenty-crghih’? Math vide for an increase of capital, bat ne that an increase shall not be effecived Manner. Itistrus that the ninth sec'ion e! , “that such Inerease must be authorizet” by a yote of the stockholders, but this refers io the in rovided for by that section. Section pine autho izes an inerense by act of the stockholders, ‘in cawe Whe Capital stock of avy Company formed under to thon alt, is, as to , DECEMBER this act is found G and operating its road.” Section twenty-eight au- thorizes the di to “borrow money for = and, for ing, tinisuing or 0} their ratiroad,’ the purpose of cone thom to make better terms, ives tact power to annex to their bonds the privi- e of conversion into stock. This privilege may ps never be ‘Till then it cannot be Know ase of oWh that the increase of capital is needed. The mint: section seems to have in view the coucition of a company, which by mis- take. has failed to make its capital large enough to begin operations, and thus to remedy a defect in the organization, Section twenty-eight, rallway Seeurring during tie period Of ative opera ratlway 0c juring tion, When, for instance, a new tine of rail is to be juid, or by reason of accident or diminished trafic the income for a time has fallen short of the expen- diture, I i @ board of directors deliberating after @ season of dulness and disaster about the means of relief, They may reason thus with them- selves:—We cannot yet say that we have found oar capital insuMcient for constructing and operating our |. We need only temporary relief, If we can borrow a miition till the next season we shall retrieve ourselves; we will make the attempt, and in order to procura best terms we will offer this in- ducemeut to the lenders, that if they prefer at the end of the year to turn their bonds into stock they may doso.* Here is a contingency in which section tweuty-cight may be brought into use instead of sec- ton nine. ‘The under section nine would, pamibly, prove too slow lor the exigencies of a a iguiar occasion. There might not be time to cail the stockholders together, than a third of them migit reside ubroad or be interested ip rival lines. Section nine 1s) certainly inconsistent with those proytsions of other laws which authorize di- rectors of rallways to increase their capital py taking iu leased roads—provisions which were ia force when the Erie Railway was chartered and to which it was thea made subject as muck as to the General Railway act, Whatever restrictions may be found in section nine can always be evaded by stating the amount of capital in the articles of association large enough to cover an ible contingencies. The miniinom is declared In the act; the maxunum is not declared, ‘The practical effect, therefore, of holding that section Se eee appiies only to untaken capital within the mits fixed by the articles would be simply this im respect to all new enter- prises—that the associates im thelr agree- meut of association, desiring to provide for all possible or probable emergencies, would put inan amount fur beyond their present wants, ‘but sulicient to cover all conceivable future expen- diture, in that case the directors would be able to meet every emergency without calling on the stock- holders or subjecting the majority of two-thirds, jess one share, to the control of Wie minority of a third, with @ share added. If there were now a railway between two termini, with @ capital of a million, and another raliway between the same ter- miui were to be staxted to-morrow, in which the associates for this were to state the capital at $10,000,000, the latter would have this great ad- vantage in the competition for traiflce—that in every possible contingency the majority of the stockholders, acting through a majority of the d@rectors, could obtain reiiet on the most favor- aple terms. Under section nine, the increased cap- ita! could not be used at a price below ree Under section twenty-eight it can be used at any ,| which the exigencies of the coi When itis in high credit, section nine may be re- sorted to with success; when it 13 in low credit, that section would be valuel and if section twenty-eight could not be resor' to, the com} would be in a helpless condition, except throug! the special interposition of the Legislature. But it is clearly the policy, bot of the constitutio) aud the general course of Taifoi tuider ft, that Sorpprgsions shonld be left very moch to themseivés, a with ag little interference from the Legislatute a8 Doe ble, ‘Thus, in respect to capital, they are permit fix it at any limit in the beginning, aud to increase it by any additional amount afterwards. So that the estion of construction 18, after all, but a question ich of two bodies created by the charter shall make the increase, the body of stockholders or the body of directors, the which is rarely in ses- sion or the body which is always in session, the body which must act slowly in an emergency or the body which can act promptly. If the Legislature in- tended, by the general as it certainly did. to pro- vide for the organization and action of corporations through all stages of their existence, and in all cases which experience had shown as likely to arise, it could not fail to Fi be for both the contingencies conteinpiated in the two sections, and oe mych t after all, require. such machinery as is there created. if there were reaily an inconsistency between the two provisions, tie latter would prevail under the rule of interprbiation, that when two parts of the same statute are irreconcilable, the latter is to vail over the as being the latest pression of will of — the | ear e= vs. Rochester, 11 Wend, 647; uc. Abs. Statutes D.) The otier ment, that is, the dang¢ér of abuse, 1s not more tenable than the first. A board of directors has power to ruin a corporation vy negligent administration, extray: it expendi ture, borrowing at losiag rates and burdening the woperty with mor ‘The directors of the Erie Kariway had, beyond dispute, authority to borrow $20,000,000, and to fasten that burden, with its bail yearly interest, uvon the shouiders of the stockhold- ere, Would not taat be as destructive to their tn- terests as the conversion of this borrowed capttal into stop italy The danger of abuse of power is, however, ‘no jus: argument against itsexistence, All power may be abused, The test of the skill of the law- giver is how to contrive the bes* safeguaras against abuse, and to inilict the most eifectual punishinent when it occurs, Now, as to the construction by the Engtneer’s department, the managcrs of ratiways and the public m general. The annual reports of ihe disferent railways of tho State made to the En- gineer’s department show many instances of con- vertible bonds. issued when the stock was already taken. These reports have been tabulated and submitted to the Legislature. Not a word of dis- sent was heard from any quarter till the Erie litiga- tion Dogan last spring. — 1 have before me the report made by the state Engineer to the \a- ture ‘867. The stock of the Erie le nm is mentioned as by the charter. Its increase from time to thne through the tsaue of convertible bonds is clearly set forth in the different yearly re- porta. And now, sir, after this long discussion, extending through a fortnight, to which you have listened with so much patience, may { not coi dently say, that, however the case may have appear. ed when the complaint with alt its detailed charges was publisued in the newspapers, as if to forestall the judgment of the courts and of tue public, here, taking into consideration the character and positon of the plamtits and their confeder- atea, the taint upon their cave in its origin and the proofs and deiences of the other side, may I not, Lrepeat, say that there is no cause, in fact or in law, im conscience or policy, tor this ‘appointment of & receiver, and that the best disposition you can make of itis that which Mr. Justice Nelson made of the order in Whetpley’s case, direct it to be discharged. ‘The case was tien fully submitted to the Court for decision, tt bei consented that counsel should hand tn their bricis on Monday next. SUGROGATE’S COURT. Wills Admitted and Letters of Administration anted, Before Surrogate Tucker. Wills adiaitted—Sarah Lewis, Sarah Jane Barker, John iH. Woodgate, Horace F. Farringtou, Mary Fan- ning, James Gillespic, Louis A. Whitaker, Patrick Mary Wali, Joseph 5. Ebling, Cuatles Siei- ara Goodstein, Catherine Corley, dsa Clark elton Barwell, rs of administration were granted on the estates of Honora Mahoney, William Melis, August Geser, Chares McCue, Albert Kruger, Wiliam Gales, Louis Cyette, Thomas Johnston, Ludwig Mil- David Patatia, Francis Stewart, William Harp, ‘ge A. Harriot, John ©. elif, Oscar Lindauer, fuihall, Join Meehan, David G. Wendell, MeOune, Sopre Miller, George Krang, An- Tony rm Kobertson, CITY INTELLIGENCE. Tuo WiATHER YESTERDAY.—The following record will sbow the changes in the temperature for the pust twenty-four hours, as indicated by the ther- monet -T at Hadout's rivenes A HBRALD Buitiding, or of Ann ues 3 F 3 BP. Ress 19 WB),...45...+ Ayciage temperatnre.. Averaye temperature Friday. Average temperature for the p Average temperature for the instant... . A Suatous Fau1.—Yesterday Michael Dalton, a resident of Hudson City, fell in Washington street and was so severely injured that he was sent to Heilevue Hosptial by the Twenty-seventh precinct police, Ice IX THY Rivers.-—On yesterday smal! fields of fee were floating tn the North and East rivers, caus- Ing some trouble to ferry navigation, The cold weather for the past few days has made considerable ice in the North river, and this becoming broken up by stormy Winds caused it to be distributed indis- eriminately in the harbor. Yesterday morning, while Miss Lydia Morris, of No. 623 Lexington avenue, was Walking in Filty-second street, near Third avenue, she was tripped by two dogs and thrown to the round with such violence that her collar bone was roken. She was assisted to her home by oilicer O' frien, Of tie Ninevweenth preciuct, A PERAMBULATING FIRB.—At half-past eleven o'clock yesterday morning Joseph J. Wright, of Long Island, was passing throught Montgomery street perched upon the top of a quantity of loose hay, with which is wagon was loaded, and when near Monroe street, the hay took fire from some un- Known cause, Ali efforts lo subdue the Names were fruiiiess and the hay«was entirely consumed, infict- ing a los4, coupied Wisi tue damage to the wagon, of $90. APrRAY IN Morr Strenr.—Abont two o'clock yeas terday morning oficer Lyman, of the Fourteenth precinct, found Michael Mevarty, of No. 28 Witt street, in the hallway of No. 117 Mott street bieeding | profusely from a severe cat in the head. MeCarty said that ic had been asaanited by a won Woe was Known to lm aud to Whom he bat got giyou 27, 1868—TRIPLE SHEET. test provocation for the outrage. He was gry aon Hospital by Captain Garland. KNIGHTS OF Sr. PATRICK.—An adjourned meeting of this society will be held on Tuesday evening, at their headquarters, corner of Broadway and Erghth street, Several new candidates for membership, tt ise: resent themselves for the ballots will of the Knights, to the of the has been very large. Among the mocentls: of members were the Cor- Sars te aa ince appol 10" vacancy caused iy the death of General Haipine; = Hinchman, Speaker of the last House of Assem- ly. DISAPPOINTED BuRGLARS.—Some time during Wednesday night a gang of burglars forced an en- trance into the carpenter shop Nd. 7 Howard street, and from the yard in ita rear cut their way through @sixteen inch brick wall, and thus gained sam it tance into the fur store of J. D. Brodeck, No. 5 How- ard street. Having thus obtained an entrance they thoroughly rumm: the store and made up a large 1 of valuable which they carried as far a8 he yard, This was nearly six o’clock in the morn- ing, and the entrance of @ man into the carpenter shop so alarmed them that they fled over the rear fence, abandoning their booty and burglar’s tools, which were by the Fourteen‘) precinct po- lice. No clue has yet been obtained to these patient but disappointed operators, STREET CAR AND STAGE Live Recerers.—The fol- lowing are the gross receipts of the different lines of cars and stages as made to the ass essors for the month of November:— STAGES. Fifth avenue stage line. acoeee $19,628 Madison avenue stage line . 16,711 Broadway and Fourth avenue stage line. 16,500 Broadway, Twenty-third street and tee avenue stage line. Broadway and Seventh Avenue Rallroad.... Central Park, North and East River Railroad, Forty-second and Grand Street Railroad. East Broadway and Dry Dock Raiiroad Second Avenue Railroad: ‘Third Avenue Railroad. Fourth Avenue Railroad. Sixth Avenue Railroad. Eighth Avenue Railroad. Ninth Avenue Railroad UNION Home FOR CHILDREN oF SOLDinRs.—The annual reception of visitors at the Union Home and School for the Children of Volunteers was held yes- terday, at the new building on 15ist street, near Eleventh avenue. A special train left the Hudson river depot at half-past ten A. M., carrying visitors to the grounds, where they were duly welcomed by the ladies of the Home. Their names were duly recorded in the book of visitors, after which they were conducted over the build. and viewed the apartments. Dinner was served at one to the guests and inmates, and the party was as rest as the occasion would war- rant. After dinner ireases Were made by several of the boys and followed by speeches from guests. The Union Home was incorporated by an act of the legislature of 1862, It has made its way steadily for several years, till Mually it has attained its present prosperity. By ald of charitable citizens, of several moderate appropriations from the State and Cee the managers have been enabled to purchase the building which they now occupy. Minor OoRongRS’ CaSks.—The Board of Coroners were yesterday informed of the sudden death of Lucy Ankenbrant, aged six weeks, at 217 East Fifty- ninth street. An tnknown man, aged about twenty-three, was Picked up in the Bowery, near Houston street, on Friday night, in an insensible conditton, and he died yesterday from convulsions at Believue Hospital. ‘he remains were taken to the Morgue. Mary May fell on her infant child, aged five days, at Bellevue Hospital on Friday, and the child died yeaterday. John Maguire, a native of Ireland, aged forty, was 80 severely injared a day or two since by a «dirt cart falling op him that death ensued yesterday at Beile- vue Hospital. Linnes Yate, Jr., of Sheldon Falls, Mass., was found dead in his bed yesterday at French's Hotel. oroner Flynn will hold an inquest at No. 204 West ‘Thirty-eighth street, at the house of a friend to de- Coroner Keenan was yesterday notified to hold an inquest at No. 494 Broome street, on the body of Alexander Joachim, a native of France, age fifty-seven, and a cabinet maker, whose sudden death occurred at taat place . Frederick Mootz, a German nter, fell from the upper story of a new building tn Forty-fifth street on the 23d inst., and was removed to St. Luke's Hospi- tal, where he died yesterday. Coroner Flyan will hold an tuquest. POLICE INTELLIGENCE, Cavcur i Tae Act.—A man giving the namo of James Williains was arrested yesterday on a charge of stealing a carcass of venison from the restaurant of David H. Gould, at No..35 Nassau street, valued at $20. Charles F. Ladd, an employe of Mr. Gould, harge of larceny before Alderman Cuddy and William was held for trial. AN OFFICER ASSAULTED.—Michael Dorney, of the Sixth ward police, arraigned Martin Rafferty before Alderman Cuddy at the Toombs yesterday on a charge of having knocked him down and then kicked him in the body while di 8 duty as an ofm- cer. Raderty as soting ins discrderly manner when arrested; hence bis assault on the oiticer, The Alderman held him for trial. MUMCIPAL AFFAIRS. Board of Aldermen. This Board convened yesterday afternoon, pursu- ant to adjournment, with the president, Alderman Coman, fn the chair. A number ‘of papers were in- troduced and laid over under the rale, Resolutions were adopted ordering donations to one or two churches for the purpose of paying assessments, and several other matters of minor importance were in- troduced, but as there were not members enough present to pass any general order providing for the expenditure of more than $250, the Board took a re- cess until tour o'clock, After recess the Buard convened, but thete were not yet members enough present to transact auy im- tant busiuess. Resolutions were adopted to re- urn the Board of Councilmen the resoiution pro- viding for the increasing of the salary of the oifictal reporter of the Board of Couactimen, and to return to the Board of Councilmen all resolutions or ordi- nances now in the possession of the Board of Alder- men or its committees, purporting to have been adopted by the Board of Cot imen of 1867, holding over as the Board for 1868, A resolution providing for the laytng of the McGonegal pavement tn some of the up town streets was cailed up and ordered to be indefinitely postponed, after which the Hoard ad- journed to meet again on Tuesday evening next, at five o'clock. Tax Receiver’s Office. During the past week the receipts on account of taxes have been as follows:— Monday. «$15,012 Thursday Tuesday 15,616 Saturday. Wednesdi 16,090 Grand Total.. $10,333,173 License Burean. Marshal Tappan, in charge of this department tn the Mayor's office, has issued during the past week Heenses as follows:—Express drivers 23, venders 26, public caris 17, porters 2, dirtcarts 2, drivers 23, coactines 7, intelligence office 1—totat 106, He has collected during the week for fines $3, making the totai receipis $333, ANEW PHAS? OF AN OLD QUAAREL. Policemen Roughly Handled. For more than a year past there has been a bitter feud between the Fourteenth precinct polico and the Reynolds family, whose general headquarters are at No. 121 Mulberry street, where one of the members keepsa saloon. This feud appears to have originated from the arrest of one of the Reynolds for @ violation of the Excise Jaw during the keyhole daya and has been productive of several very lively fights between the bolli- gerents. It has been but o few weeks since the last of these, and on that occasion Michael Reynolds was arresies, and being tried in the Vourt of Special Sessions for an assanit upon a Four- teenth precinet officer was juitted. Apparently emboldened by his immunity from punishment in that case Michael proceeded on Chiristinas day to execute a flank movement in his oid foes, of which the police give the following account:— OmMcer Boughton, on in Hester street, was hurricaty apncoushe by Altchiaet Reynolds, who informed him that a row waa in pro pgress in Mott street, and invoked his interposition in behaif of the peace, The officer of course accompanied lus infor. mant, and was thua lured into the hallway of a house in Mott street, near Hester. Being thus en- trapped Boughton found the row 8, set upon by Michael and several of hi plices, who swarmed into the hallway. ‘The oilice was taken at @ great disadvantage, but he fought valiantly and made a great noise which speedily called oficers Lacey and Doran, aiso of the Fourteenth prectict, to lls atd, Houghton nad by this time forced his way out of the haliwi and @ very earnest scriinmage ensued in the street. The three policemen used iheir clubs with such vigor and effect that they managed to quell the disturbance and take Michael Reynolds to the Fourteenth preemet station house, wiere he was looked up, Boughton aud Doran lost their shields during tae melee; but during the night these emblems of authority were retarned to station liouse—one by a boy and the other by Francis Rey- nolde—the bearers saying in each case that they had found the shiotds in the street. Michael ey noide was yesterday arrainged wefore Alderman Cuddy, at the Tombs, and was: Captain Gariand was greatly disturbed oe oe suit and sed a fear that the Reynolds famil fnstead of the police will be masters of the Wi Very soon uniess his hands are upheld by the courts. Hie also evinoad a devermunation to take ig on bring Michael Reynolds to punishment last offence. ¥ FIRE MARSHAL’S REPORT. errr Fire Marshal Brackett has submitted to the Polica Commissioners his report of fires occurring im this city during a portion of the months of October, November and December:~ noes Meroe amgateat, Dec 2 te GENTLEMES—I have the honor to submit the following r+ POor. 2. 8A. M.—Fire was house of J. Schuyler Charles €. this fire. Nov. 6,9. M.—187 Church street—Fire originated to the kitchen of the restaurant of Platt & Duify from some acck dental cause unknown, It proved quite disastrous, extending to the adjoining buildings, 1 189, Nov. 7, 1:50 A, M.—Nos, 8 and 5 Bet’ord tre covered on third floor, occupied by Hall, Labauch & Ca, caused by sparks from atove pipe fgnitine, rubbish behind fires board. From this the fire communicated to shavings of floor and thence to a workbench and a qnantity of lumber. Nov. 18, 10P. M.—50 Park place—Fire was discov the wool warehouse of Bauendahl & Co, The origin of th fire was at first wrapped in mystery, but further investigation showed it to hive been caused by the Improper construction of grate in tho adjoining building, No, 52. Nov. 13, 7:40. M.—Auantic Dock, Brooklyn—Fire wab discovered on board the steam clevator Manhattan, The specific cause of the fire has not been ascertained. It wav joubtiess owing to the carelessness of the watchman is who deserted his post about an hour before the firey 13, 10:50 P. M.—No. 164 Greenwich stre al Nov. 14, 11:15 P, M.—No. 480 Broadway—Fire was dim covered in the laundry of the hotel of H. F. Stewart, at tha” above number. The servants were at work there quite late that evening, and the fire was evidently caused by thelr noge lect to take proper care of the fre, Nov. 16, 9 P. M.—No. 961 Third avenue—Fire ori:inated a stable occupied by James Heath, and was caused by charge, Nov. cnreleasness in using dle in. table, Nov. 17, 805 P. 0. ROL Bleecker street—-Fire dias covered in grocery of Theo. C. Ecer, a few moments after the store had been closed, caused by the carcleasness o/ the ocy cupants or customers, It originated ina barrel «directly ber neath the gas burner. Extinguished with very slight ‘amagg Nov. 17, 6:30 P. M.—No, 42 Nassau street—Fire was covered on third floor, coaupten by Howard. & Stover, print re. This was an incendiary fi Party, © boy, was. sent kindle the fire ns in the ‘opposite building. The or the janitor Wad a ut was not de mul Nov. 17, 13:30 between Eighth an: avenues.—This fire originated in an Seper room use: for: ingand working ind may have been cansed by the taneous combustion of said hemp, Another fire, however, occurred since the abovs on same premises, wi evidently of an incendiary ‘and this induces opinion that the above fire was of a similar cher. inter is ail under tavestigaion, Nov. 17,846 P. M.— 130th street, between Second and Thin avenués—Fire was discovered in the mill of Payne i destroying that and. some property adjoining. cause of the fire could not be positively ascertained, but was probubly the result of carelessness on the part of 16 lees. . M.—No, 40 Seventh avenue—Fire discovered in the second hand clothing store of Samuel M del, caused. by the explosion of a kerosene lamp, renalting a damage of some $2,000, Nov. 19, 2:18 A. M.No. 11 Laight street—Fire was ‘covered in the confectionery establishment of J. i. Ri ‘caused by the carelessness of workmen {n the Nov. 20, 5:20 A. M.—-32 John Fire was fourth floor of above premises by the janitor of the bi On Investigation it was found to have been caused by an perfect fine. ‘Nov. 22, 1:80 P, #.—No. 21 Forayth street—Fire was ered on fourth floor, in a rear room ; occupaut absent, tinguished with slight da Catised by carelessness occupant, leaving hot ashes and coal {ns box on top tome kipéling. ; Nov. 90, 3:42 P. M.—50'and 61 Margin street—Fire was dise covered In loft of stable attached to above premises, 9 ing to factory adjoining and resu'ting in a loss of $5,000, ‘This fire was evidently of incendiary ori eiforts to discover the rator have faile: cs Nov. 94,8 P, M.—I15 Broadway—Fire was ‘acoonsea law office of G. Bainbrige Sualth, caused by coal failing fy he en hd floor, The office boy put tresh coal upon fore jeaving. Nov. 24, 1A. M11 Rroadway.—Fire was discovered ti nppar pat of ballding, originatiag ia Watt where cobra The precise cause could not be ascertained, from the best information which could be ascertained it supposed to have bean caused by the carelessness of member of the janitor's family in using a candle in the loft. the previons evening Nov. 27, 9:30 P, M.—No. 26 Grove street—Fire was discov. ered inthe engine room of the furniture establishment Robert Ds, ¢ cause of this fire has not been positt ascertained. ‘The engineer and superintendent appear have taken all proper care to prevent fire, and are well spoken of aa steady, careful men, There is no doubt as to aveldental ch: 6 fire, ‘M.—No, 472 Broome street—Fire was di rin Dorsey, wi the time. hot ‘ire in every thee artic ieee articles. 58 strect—Fire was di in the shop of Mr. Martin, on the second floor, caused carelessness of a workman tm lighting and smoking 2, 7:58 A. M. Second avente, between 112th and 11 discovered on first floor in nts RW iancall coueed oy the, crccemenn ot Me, Ar W. ancall, en ° We amg igpting a mate by ‘ive Wedside: aa, ie near it. ire me pak sie Po RO. a discovered in the p of Potter & Stymus evid caused by the careless manner fn which the stove wap ranged. Dro. 4; 10:05 A. M.—No. 66 Heater street—Fire wan discov ered in attic room, occupied by Annie Mason, who ‘the about an hour previous, The fire was cansed by the defe tive connection of stove pipe passing through from adj ing room. Pa "Di A. M.—No, 514 Broadway—Fire discovered the “Theatre Comique,” caused by the excessive heat f about the register. the furnace jeniiing the wood wor DEC. 6 12:17 A. M.—No, 495 Eleventh ven: discovered in second ‘foor, in vacant apartments, A fami were about mo ing in, and had been cleaning the previo day. A fre hed been, kind unused for an: re origin Por el the fireplace or 2 DRO. 4, 19:30 P, 119 Mulberry street—Firo was di covered ‘tn cell ‘waa n quantity of hay and som potatoes, Parti Ume before, usin ‘This was left bara 6, 9:15 P. ‘had been ‘removing these potatoes a plece of candle, without a candlestick, Ing, and evidently aet fire to the hay. Dr. Is . M.—French’s Hotel—Fire was discovered in closet at'head of first tight of stairs, caused by tho Di from boller being overheated and setting fire to rubbish bas to in cloret. ‘4 ro. 6, 3:38 A, M.—No. 3 Bart Twenty-second stroet— wns discovered in cellar of above promises burning thi basement floor, caused by the negligence of gasiitters had been potng ina new meter. ‘Dre. # LP, M.--Forty-seventh atreet and Fourth Fire was discovered among some bales of hey at Hark Ral'road hay depot, oricinating from sparks from eagine. About sixty bales of ry, destroyed. CHARLES N. BRACKETT, Metropolitan Fire Marabal, A TEXAS EDITOR'S REPLY TO GENERAL REYNOLDS’ REPORT, {From the Houston (Texas) Telegraph, Dec, Ly * * * As for the freedom of speech and of the press, we lave but to say that Texans will not, let the Rey ad be what they may, tolera‘e for one moment threats of rapine and conflagration; nor the instigation of a conflict between the heretoforg peaceful and friendly races. No northern mi would, quicker than a Texan, permit his famil to be jeopardized by incendiaries of auy nor the instigators of such crimes or freedom in Texas, Smith, of Jefferson, is but ilustration of the certain doom of such men, wi Would be administered either in Indiana, Montani Utah or Texas. Americans, North or South, will ni suffer the existence of moral monsters. others, of all classes, races and colors, thore is dom—the purest and largest liberty. The imma from the North who comes not to seek office hands of negroes, but for honest settie: ig cordially welcome, whatever his political vietions. To ‘say that a man here ts ostracized cause he ia simply a republican or a triend to United States government is 4 stupendons untrut ‘The writer of this fought that government and party; but we represent a cl and that class the old army of the Transmississippl, in saying that wa are loyal, and since the houest surrender of our a or color, are no longer unfriendly to the government, bi yearn for a restoration of national glory. Give equality and admit Texas to the restoration of hi rights as a State. We have no government, ctvil of miiltary, and it ts a wonderful tribute to the cohest virtues and power of our society that there is #0 Ii reai criiae. Let us have civil government and can and will rectify the abuses that may exist. THE VALIDITY OF GAMBLING DEBTS. (From the Buffalo Courier, Dec. 25.) On Tuesday an interesting decision was made by Judge Prentiae, of Cleveland, on a demurrer by the plaintiff to a portion of the defandant’s answer, in- volving an important question as to the validity of certain commercial paper, The petition in tne case ‘Was predicated upon a promissory note given for the Payment of $1.50, suit being Wrought by ihe en jormee, who held the note agaist the maker of it. To this petition gy answer was filed, setting up among other things that the money for which the ote given was “staked, betted and lost by the maker upon a game commonly known as draw called favo played na! payer” of said that the note, being thus given to secure payment of a debt thus unlawfully incarred, wad Without consideration and absolutely void and of no effect. To this part of the answer the plaintif? de; murred, for the reason that it was not a sufficient ground of deience to the claim of tho lainti®, he being a bona fide endorsee an older of A note for a valtiable consideration, without notice or knowledge of what the actuai con- sideration of the same was, In deciding te case the Court remorked that the question ratsed was a) novel one aud one of considerable interest and inte portance. After an elaborate and careful review of the precedents touching the osetia and giv “e is reasons at length upon the principle involved, it wi held aad decided that & promissory note, found upon the consideration of and for the payment money lost at gambling, contd not be collected that State by and is absolutely void and of no ¢ in the hands of @ bona Jide endorsee for & VaUavie considersuva,