The New York Herald Newspaper, June 3, 1869, Page 5

NEW YORK CITY. OW TED STATES DISTRICT COURT—IN ADDNBALTY. Alleged Fravdulest Wrong Delivery of Cot- ton. Before Judge Blatchford. In the United States District Court in Admiralty the sult ef Bilopp Seaman ve. The Steamship ‘Thaines has been decided. ‘This was a suit brought by the libellant to recover from tie owners of the sieamship the value of @ quantity of cotton shipped on the vessel at Savan- mab and w ly delivered at this port to the firm of Bennett, Van Peit & vo. ‘Yhe Court holds that the proofs show that the cotton was wrongly delivered Luro tae frauds of Qnbert 8. and James C. Van Pelt, aud the negligence of those having charge of the delivery of the cotton from the gg ID DOt diseey A decree UNITED STATES DISTRICT COURT—th BANKRUPTCY. An Involuntary Bankruptey Casc—Decision. Before Judge Biatehford, ‘The myoluntary bankruptcy case of Henry A. Gar- Fett and other creditors ve, Henry E. Dibbiee, debtor, came on for jury tal yesterday. The jury found shat Dibbiee had, knowing himself to be insolvent, sulfered @ portion of his assets to be seized by the Sheri, to the detriment of many of his creditors, and in violation of the provisious of the Bankruptcy act. The Court, on rendition of the verdict, reserved eoswent, GHITED STATES COMMISSIONERS COURT. An Alleged Forgery Cane. Before Commissioner Betts, The Untied Siates va. Witlel Ferguson.—The de- fendant in this case was & witness on the part of Mcilenry, convicted a few evenings ayo of perjury, “in falsely swearing against Commissioner Roilins and Deputy Commissioner Hartand, Mr, Samuel N. Pike, one of the principal witnesses In the case of i nited States va. Rollins, Row charges by afida- vit that the defendant, Ferguson, commitied per- Jury in the MeHenry- case. ‘ihe Comuissiouer fela isa for trial im $20,000. SUPREME COUST—CHAMIBERS. Alleged Covspivacy and Defamatia ‘of Cha- raeter=James Kisk, Jr. Matigned—Motion to Vacate an Order of Arrest, Before Judge Cardozo. James Pisk, Jr., v3. Wiltam M. White, C. 8. Bush- neil, Lowis H. Bristol and Elihu Sperry.—The de- fendants are all non-residents of this State, and the defendant Bushnell was arrested a short time since and held to bail in this action in the sum of $20,000, He gave the required bail, and is now at liberty so far as his person is concerned, but yesterday he moved before this court to have the order of arrest tesued against him vacated. No complaint has yet been served in the action, and the motion was made upon the affidavits upon which the order was granted, and was opposed merely on the same ra. Mr, Fisk wants relief of some sort; but, as the complaint has not been drawn, it does not ap- sppear What be wanis tn particular, but he assumes, ‘at least, that the defendants have damaged his repu- tation. The defendant Eliha Sperry, it will be re- ected, some time since figured, together with wife, Anna, as plaintifs in a sult brought against the Eric Raiiway Company in the United Staies Court as holders of sixty-four shares of the preferred and common stock of the company. They claimed what the road was linproperly managed, &c., and that by such misnianagement they were deprived of dividends which would otherwise have accrued to m, &C. The order of arrest was issued on the aMdavits of George W. Rust and Mortimer Smith. ‘dhe aitidavit of Kust sets out that in April last he went to Con- necticui, by direction of the plaintui and Jay Gould, upon tuformation recelved, to ascertain from Said Sperry and his wife whether the ac they were piainiiiis was brought by faith and in their own interest; that Sperry and his wife are both persons of upwards of fit years of age; that Sperry stated to deponent that he had no #nil against the Ene Railway Company, but that 0. 8. Businel!, W. M, White and Louis I, Bristol had called upon him (Sperry) and wife and had requested fom them permission to use their stock in an action they desired to bring against the Erie Railway Coin- pany, stating that Bushnell had had a dimculty with james Fisk, Jr, in relation to the Union Pacific Kall- Toad, and desired to bring a suit against the Erie Ratiway Company. They also desired tue right to use the names of Mr. aud Mrs. Sperry as plaintias in the action, and stated that they would guarantee them against all loss by the transaction; that White should have the privilege of using the stock for one year and the right to buy tt at any time before that period haa at at par; but that any profits ace cruing should be for the beneit of White. Sperry g@iso furnisied subsequently to depoucat a copy of the agreement made im pursuance of such conversation between W. M. White, Anna Sperry peed Bihu Sperry, by which the two Spercys agrecd hat the eaid White should have the use of the stock for twelve months, with the option to take the satd glares at any time within twelve months, paying shere‘or $—, aua that for the period of one year iron ate (April 5) they Would not sell or dispose of said miock except to said White, &c. Deponent further faye that Sperry was greatly alarmed when tniormed that Mr. Gouid was about to bring an action agaist them, and asked deponent if there was no Way in which this thing could be fixed; that deponent re- commended said orerey to communicate with Jay Gould on the subject; that deponent subsequently telegraphed to sald Sperry from New York, and re- oetved no answer from him in relation to the mat- ter; that about the dd day of May last deponent heard that Sperry was in New York, and upon cail- ing on him with a view to obtain further informa- on Sperry was somewhat deflant in his manner, aid that he was secured against ail loss or harm by agreement made, and that Vakes Ame# and nell were his backers, aud that taey were good kere. Bushnell witnessed the agreement re- ferred to, which Was a power of attorney to Bristol bn behalf of White. ‘The aMidavit of Mortimer Smith set forth that he ‘was an employé of the Erie Raiiway Company and ‘was familiar with its business and management, fand that the oharge made in the Sperry complaine ‘hat the defendants in that action, Fisk, Gould and Lane, had “used the earnings of the company for speculations and adventures foreign to the purposes for which the company was formed, aud not author. fed by its charter,” and that they were using said funds for their individual benefit and profit, had greatly injured the said Erie Railway Company aud Tt was ciaimed, on behalf of the defendants, by ex-Judge Emott, that the ailegations were, in any event, privileged, as being made in # regular judi- Cial proceeding, and that antil the determination of that suit this action could not be brougit, and the rights and relations of ail the parties must be con- tunued by the instrument—the complaint in the United States Court—in which the charges were Made. That action was epee me for the enforce- Ment and protection of a substantial right, by a holder. If this agreement were actually mace, med It would not be dented that the defead- ants must stand or fail by tt. » Wt wae claimed subsiantialiy by Messrs, Stoughton @nd Seward in opposition that (bis was not a mat- pA | ites. The ciarges made ln that com- that the directors of the Erie Raliway Com- Were gulity of embezzlement or misappropria- ‘were not a necessary part of that complaint in ntiit's effort to protect bis rights in relation e payment of the interest on his stock, and the Was one of conspiracy, the object being to in- jure this plaintif’s reputation by making these ‘charges against him, under cover of legai proceed- Ings and to secure (he publication of the same in the Uf such « course were recoguized It we © any man to bring aa action for the eniorcemont of a remedy against 2 secon es with the eee (hat this secoud party ould be dealt with very leniently, while a third party more remotely connected, or nol connected at fil With the second party, might be charged with the on in which commission of all manner of crimes, uncer the plea that ii was in a judicial proceeding aud thereiore privileged, Mr. Wnaott had not replied at the adjournment of court, but will be heard thas morning. SUPERIOR COUAT—SPECIAL TEAM. Phe Bishop Viverce Case= Motion to Punish Mr. Bishop for Contempt, Before Judge MeCuw Bleanor F. Bishop vs, Nathanie’ C, Bishop.—Thia eelebrated ot divorce case, which It will be remei- ered figured 80 extensively iu the courts about two years since, Was up again yesterday on a motion to pauish the defendant, Mr. Bishop, f poempt of court, in nogle ie and Coy to pal © alimony sport of the plaintit. The amount ped for ihe ‘of alimony Was irs. Bishop, in ed at fifty dollars altidavit, alie, that he has yihing during the past dfteen month iat she is in Revere pocnniary Kiratt, and depend. ‘ing aimost whoily upon the Kindness of friends for Ba of herseif and child, and that he has ex. large sume of money in hirtng detectives to Wateh her. The defendant swoars that he is not able to pay her the alimony decreed, as ho is not worth anything pecuatarily; that the plainuif is not tO @ condition of poverty: that she had Hed him, by her extravagance, to go into bankruptcy, and that he has been sued for a board bi ined by her amounting to npwards of $420. ‘The Court took the papers, reserving decision. * The Ludington Habeas Corpus Case. mm re Moses B Ludington.—This was a habeas corpus to have Moses B. Ludington, now imprisoned without ball on an indictment for obtaining goods hy false pretences, admitted to ball, The charge in the indictment is that he represented himself to fe @ Btock Of Coods Worth $25,000 In Ohi Thod Hot, and that bia mdebtecness wae heya ce joo due his former or Jan dp reality hy owea 444,000 t0 ium,” wi | { NEW YQRK 4 > ‘HERALD, THURSDAY, JUNE 3, 1869.—TRIPLE SHEET. ft ; ze ts i 8 Fle Egsé s Marshal in Cl and kidnapped ol to New York. In New York he waa ons inal proceed! out of the State was disc! this J Russell, but meanwhile a civil suit Was commenc: arrested In the hands of Be wat wi Ht inately he was vent proceedings. Here new indictment and committed without batl. Judge McCunn said he considered such a commit- Ment in such @ case contrary to the constitution. Counsel proceeded to atate that they had appealed to Judge Bedford to 1x the amount of “bail, and he had deciined to do 80, Mr. Blunt claimed this made the case res adjudi- ta. Judge McCann said there conld be no such thing in habeas corpus matters euch as this. After some further discussion the Court took the papers, reserving bis decision. SUPERIOR COURT. Bank Suit—Opinion of Judge McCann. Before Judge McCunn. Witlam W. Lowry and Robert J. Lowry vs, Wil- Yam H. Inman.—This is an action in which a stock- holder in the Northwestern Bank of Georgia was sued in the Superior Court of unis city on # section of the act incorporating the bank which provided that without any action against the stockholder bis private property should be bound by a judgement against the bank, and that the Sheriff should levy the execution against the bank on that private pro- perty in satisfaction of judgement against the bank, 1t was held—First, that this section imposes no personal lianility on the stockholder which may be made the ground of an action againat him. Seconaly, that this section is a mere regulation of the remedy, and has no iorce or effect beyond the territory of Georgia. And thirdly, that even though the section imposes @ personal liability on the stockholder it at the same time provides a remedy for enforcing that lability, that the remedy so provided is exciusive, and the stockholder cannot be pursned here in a form and by an action different from that provided in the section. OPINION. Alter hearing argument in the case Judge McCunn has rendered the following opinion:— Notwithstanding the doubt suggested In Whitford vs. Panaina Railroad Ar ah) 23 New York, 465, and in Patterson vs. Baker, 50 Barbour, 432, and the pane dictum in Ballard vs. Bell, 1 Mason, 242; Bank of the United States vs. Dallam, 4 Danna, 674: Lane vs. Morris, 10 Georgia, 164, and ‘Thornton vs. Lane, 11 Georgia, 497—notwithstanding the adverse opinions of these very respectable authorities, I shall assume, on the precedent of ex parte, Van Riper, 20 Wendel}, 616, that @ statutory Hability created by the pane law of a State is not necessarily restrict- ed in its operations to the territory of that State, but, partaking of the natare of a contract, is eftl- en ious everywhere i valid, according to the eat Jvaportant loci contracius, and may and enforced in any tribunal to the juris- diction of which the defendant m ay amenable. But, Jaying this diMculty out of the case, T am unable to understand, after the most attentive examination, that the above recited section imposes: any personal liability whatever on the defendant. On the contrary, it is manifest, as well from the ex- press provisions as from the general scope of the section, that its effect is meraly to bind the property of the defendant, so as to subject it to execution on a judgment against the bank. And this constrac- tion, Which would obviously result from the phrase- ology of the section, even in the absei y negative clause, is contirmed by the provision that the property of the stockholder may be takea under execntion against the bank, without the necessity of an action against him. We are not to assume that these words are a neediess and nugatory pleonasm; we are to accept them in some sense, and if they mean anything they are intended to preciade tie tnierence of a Hability on the part of the stockholder to a personal action at suit of a creditor of the Corporation, Nodoubt the qnalification was inserted for the benefit of the cred- itor, that he might be secured a more expeditious remedy than by action against the individual stock- holder; but with its object we have no concern, While its effect is to obviate an action agamst the defendant. The section, so far as it subjects the stockholder to any i chat for the corporate debts, as woll as im other important particulars, is manifestly in derogation of the common law, ava by all authorities must be restrained in its ope- ration by a strict construction (1 Parsons on Con- tracts, 143), Hence, whatever may be our speculative opmion as to the policy of the Legislature in enacting the section, we are not at liberty to extend its effect beyond its’ literal terms, by enlarging and aggra- vating the liability of the stockhoider: and if besides the hen imposed upon the property of the siock- holder by the provisions of the section, we should £0 interpret it as to chars him with a personal lia- bility, we sould subject him to a burden from which, under the words of the charter, he is cleariy exempt. Nor because under certain conceivable circumstances the remedy of the creditor would be illusory in the absence of a right of action againet the stockholder, is it incumbent upon the courts of this State to sapplemeut and reinforce the defective legisiation of a forcign Pear The argument of inconvenience should be addressed to the Legis- lature of Geo; to indace an amendment of the stutute, and is of no relevancy or weight with court whase duty is sim- ply to declare its legitimate construction, (Broom’s Comm., p. 6.) In my view, the legal con- struction of the section in controversy is, that it does not — on the defendant a iialfilty which may be mate the ground of an action in personam against him; but that it only charges and binds his property so as to subject it to execution in satisfac- tion of @ judgment against the baak. The only ef- fect of Uie statate 18 Lo bind the property of the in- dividual corporator, and to bind it sub modo only, f.e,, by subjecting it to levy on on execution against the corporation. Surely, It is beyond the competency of this court to expand 80 narrow and restricted a liability into an absolute personal responsibility for the debts of the bank, which may be enforced any and every where by action in personam inst the defendant. Tf it had been wu design of the Legislature of Georgia to charge the person as well as the property of the stockholder they wouid have #0 provided, whereas, On the cunt they have carefully restricted his lability to the hazard of an execution against his property, and have in terms negatived a right to redress agudust him by persoual action. [tis evident Uiat-no action agains: the de- fendant conid ve founded on thid siatutein the courts of Georgia, and @ sortiort he cannot be pur- sued personaliy tir the tribunals of this state. e distinction between & personal liability ea le of enforcement by action in personam aud a mere right of recourse against property which can be realized only by a proceeding 1” rem ts too obvious au familiar to require tilustration. if any authority were needed to establish that the latter Itabiitty is insuficient to supports an action it might be found in Meilan va. Duke of Fitz James, 1 os, & Pul., 138. Contemplating the sectiou under review, {n all its rere and provisions, I ace very plainly that it is noting else than a mode of execii- tow prescribed by tue of Georgia, in its terms the section impo) 0 other or larger opera- tion. Assuming 9 igmont already rendered against the hank at suit of a corporate creditor, it proceeds to designate In What manner and by what means that judgment shali be satisfied. And it is extremely material to observe that in prescribing of the #ec- at to the 5 the mode ot sati#faction, the phraseol tion 18 couched, not as a concession of TI creditor, but in the styie of wandate to “tc ghall be the duty,’ &c. Im a word, by statute the Legislature of Georgia provided a remedy only, its own minis terlal oMlcer the duty of enforcing the remedy. Now, such a statute Is of No recognition or effect beyona the territgry of Ue State enucting it, and any right or obligat?On tt may seem to imply caunot be made the basis of action ina foreiga tribunal. Age a tien upon property it is inoperdtive beyond the Jurisdic- tion oF the court. Story on Conf, of Laws, sections 590, 646, 647; De Witt va. Barrett, 3 Barb., 54 It re- lates exclusively ad Ute ordinationem, — and outside the territory of Georgia is a mere nullity, Wheaton, inter. Taw, 139; Story on 1 Conf. of Laws, section 666; 2 en's: Ls Brown's Comm., 45, mm., 659 (edition Westlake, Privat 4 Inter. Law, art. 403; also arc. 16), Watriss Va, Pierce, 82 N. i., 682; Titys ve. Ho- bart, 6 Mason, 379; Pickering vs. Fisk, 6 Verm., 1u2; Donn vs. Lippman, § CL & Fin, JL. But apart from all this, and evea though it be conceded to the ve section in dispute does impose a bitty on the defendant, which, under ciream- siances, might found an action fa personam against hin, there stil! remains an insuperable bar to their recove y in this action and in this tribunal. Tt I< an ancient and incontrovertible prineiple of the common law that when tatute creates & rig! and at the same time provides a remedy for the v dication of that right, {he party seeking to enf the right ts restricted to the statutory reme: other redress, Chaucellor Walworth ja the rule in Renwick vs, Morris, 7 iven by the stauite, party Js contined to this remed, son, in Stasford va. Inger 5 HM, 40, says: statute create a right which did notexist before, and prescribes a remedy for the violation of ft, that Femedy must be pursued.” And Chief Ju Savage, in McKeon vs, Caferty, 8 Weud., 4 ‘eV frout the aid of the statute no action at all wonld lie; the statute remedy must therefore be pursued.” Lord Tenterden in Rochester va Bridges, 1, 1. & A., S47:—" When an act creates an o) ligation and enforces the performance in ® particular manner, we take itto be a general role that performance cannot be exiforced mm any other manner.” Lord Campbell, C. J., m Couch vs, Steel, 3 EL and Wl. 44:—"In the pretent case, if the statute had prescribed a partion. jar mode of recovery, undoubtedly that mode of re. covery Only could be adopted.” To the same effect are tle following casos:—Dudley vs, Mahew, aN. Y. 0; Hardman v8. Brown, 30 N. Y., 190; Smith va, Lockwood, 13 Barb., 200; The Bastern Arch. Com- vany va ‘The Queen, 2 Kh, 4 WL: The People vs. Dzard, 4 Hill, 200; Alvey VA Martive, 5 Jol. 1461 Calkins ys. Baldwin, 4;Jolns., 67; Comyn Digest, action on atatute, 'C. Smith, "on Stat, and Cons.; Construci tion, sections 606, 667, Dwarris on Stat. 697. The aaeteation or the rule thus expounded ilustrated is deci sive resent action, It t the appears in the complaint mnie the Northwestern Bank of is a pension. At common jaw, and in- dependently ot statute provision, the defen- it, a8 @ stock! , ig not liable, in his private , for the debis of the co companies,” says Chan ration. “incor constituted expressly for the pi jor Kent, “though or are urposes of trade, not partnerships within the presuioption of the law of partnership, and the stockholders are not per- sonally responsibie for the company’s debts or en- gagements, and their property is affected only to the extent of their interest in the company, To render them personally liable requires an expresa provision in the act of incorporation @ Comm, 26, An. and Am, on Corporations, 88 and n. 597, 602, and np. 613; 1 Parsons on Cont., 143, Gray ve. Coffin, 9 Cush., 199; Whitman vs, Cox, 13 Shepley, 338; Guskill vs, Dudley, Mete., 551; Ericksen vs, Nesmith, 4 Allen, 223 L. ©,, 15 Gray; Patterson vs. Baker, 60 Bart. ’ Whatever right of recourse may exist against the defendant person- ally for the debts of the bank 1s created by the sec- tion of the charter recited in the complaint; but the same section, at the same time, prescribes & par- ticular reine for asserting the right. The statute that imposes lability | prowiaen @ specific method ot cucveang, ‘The right and the remedy are created tog rable, and the credi- tor can real ht no other way than as prescribed by the statute. But the present action is not the form of remedy provided by the statute; and in- deed from its nature that remedy ia incapable of en- forcement or execution beyond the territory of the State of Georgia. And this evidently was the mteu- tion of the Legisiature Cried or since they pro- vided in the charter that none but citizen: ne Geum in the should subscribe for or own stock Eric! va. Nesmith, 16 Gray, 221; 8, C., 4 Allen, 238, and Summer vs. Marcy, 3 W. and M., 1 are explicitly in point. Hi Allen, Drinkwater vs. Portland Marine QGom- , 18, Maine, 36, and Winter vs. Baker, 432, if hot direct authorities, yet estab- Ush and iiustrate the principle on Witch this decision hinges. The alternative and subordinate ground on which, in Lia the plaintif’s coun- sel attempted to substant! the action, « ¢, that the notice on the bank bill to the effect ‘that the . property of the stockholders was liable to the hold- ers of said Djlis” is clearly untenable. In the first pe the notice on the back of the bilis parparis, in terms, to bind only the property of stockholders, and conveys no intimation. of a personal re- sponsibility. Indeed, the notice strongly corrobo- rates that construction of the charter which ex- cludes the inference of a right of aciton against the defendant. In the second place the notice eman- ates from the corporation, and the defendant, as cashier, is not chargeable with the acts and declara- tions of his principal. And finally the endorsement on the bills has reference to the hability created and defined by the charter of the bauk, of which the billholder was presumed cognizant, and cannot be construed as involving any§greater liability than is imposed by the charter or assumed by the terms of the endorsement. On these grounds the de- murrer 1s sustained and judgment must be eatered for the defendant with costs. COURT OF COMMON PLEAS—EQUITY BRANCH, Important Lease Suit. Before Judge Daly. Roverts v3, Geis and Others.—This action was brought by William R. Roberta, of Fenian noto- riety, against Francis J. Geis and three others (a committee appointed by the proposed incorporators of the Germania Bank) to recover $10,000, the pur- chase price of a lease. It seems that about the beginning of January last the defendants, in pursuit of a place of business for their bank, called upon Mr. Roberts, who offered to lease his premises, No. 252 Bowery, or to sell his lease for the unexpired term of three years and two months (including in the sale a quantity of store fixtures, &c.), for the sum of $10,000. ‘She defendants on a second interview on the sane day agreed to purchase ihe lease for the considera- tion of $10,000, and a@ contract in writing, dated January 9, 1869, which is now sought to be enforced, was executed and delivered, the defendants paying $5,000 carnest and agreeing to take title and may balance, $9,500, on the ist of March ensuing. fore the execution of the contract the lease in ques- tion was handed to the defendant Geis, who read some of ils provisions to his assoelates, which was the only knowledge either of the defendants had of its contents. The Iease contained restrictions as to the nature of the business to be carried on in the premises, embractng the usual occupations included in such covenants. Also a covenant that in case an assignment or transfer should be made without the consent in writing of the landlord or his legal repre- sentatives or assigns, he or they should have the right of re-entry and forfeiture at their option. By the terms of ‘the contract the defendants were to take the lease subject to all restrictions therein contained ; bat the plaintit? in express terms guaranteed the possession of the premises and the lease for the un- expired term. Evidence was introduced by she de- fendauts that the plainuiT expressly asserted his Tight to sell the lease, und also that ihe defendants could make desire? alterations to fivthe premises for the business of a bank, and that no objection would be made to their occupation for any legiti- mate business, On behalf of the defendants it was shown that the present landiord notified the defend- ant Gets that he would not consent to the transfer the lease to them; that he would eject them if they entered, and would not cousent to thelr making alterations of any kind. ‘The question in the case 1s whether by the terms of the contract the defendants are compelled to take the per which they have inspected, subject to all its conditions, paying $10,000 therefor, or whether by by the terme of the contract the piaintif’ must first obtain the jandiord’s consent and do every other act necessary to vest in the defendants a valid lease and the actual and benefictal possession of the premises for the unexpired term. The case 16 @ exnoedingly mice one. In case the plaintiff suc is the defeud- ants will be compelied to pay $10,000 for no equiva- lent, while, on the other hand, should he fail he will Jose the value of the premises for the interval. Decision reserved. For the plaintif, bE. S. Van Winkle ana Frederick Smyth; for the defendants, A. FP. & W. H. Kirchets and Jacob A. Gross, COURT CALENDARS—THIS DAY. SUrREME COURT—CHAMBERS.—NOs, 135, 175, 164, 220, 247, 242, 259, 203, 272, 278, om, ag COURT—TRIAL TRRY.—Nos, 3053, 2002, 3055, S56. ye (TY INTELLIGENCE, vy .va, McLean, 1! Tue Wearner.—The following record will show the changes in the temperature for the past twenty- four hours, in comparison with the corresponding day last year. as mdicated by the thermometer at Hudnut’s pharmacy, UekaLp building, Broadway, corner of Ann street Average temperature yesrerday.... : Average temperature for eorrespouding day ast SuppEN Deatn.—Theodore Clarke, a colored man, who bas been iil for sowe time past, died suddenly yesterday at No. 38 Baxter street. ‘oner Keenan was notified to hold an inquest on the body. AWARDS FoR THE CHURCH STRRET EXTRNSION.— The Comptrotier has made arrangements to cor- mence immediatety the adjustment of the claims for the awards of dasaages 6n the Ciurch street ex- tension. DRownED.—A man named Jeromiah Conrell fell overboard at the foot of Twenty-fourth sireet, North river, on Tuesday evening, and was drowned. Search being made, the body was subsequently recovered and Coroner Roliius notified to hold ap inquest. THE PcBLiC Mox8ys.—The City Chamberiata yes- turday paid to the Comptroiicr the sum of $4,416 41, being the interest accruing on the public moneys in his hands during the month of May. ‘This makos the amount paid into the fund since the Chamberlain commenced paying over the interest almost $140,000. A New Hoste. nre.— "Dennis," a well known and favorite former attaché of Delmonico’s, has opencd the house No. 5 East Twelfth street and furnished tt In first class atyle ae a restaurant and private hotel, with rooms, en swile or singly. Dennis has a host of friends among the patrons of bie former employers and will be au fait in the management of his new establishment, AID FOR THE PATRIOT Ovpans.—“Cuba, Hor Past, Present and Foture,” will be the subject of a lec. ture to be delivered this evening by William Par- sons, at the Rrookiyn Atheneum, tn ald of the sick and wounded of the Cuban patriot army. ‘The en- tertainment will be under the auspices of tie Cuban Ladies’ Relief Association and a niimbor of (ableaue tirants will be among the atiractions, EXHIBITION AT GRAMMAR SCHOOL No. ja.—There wa a large attendance yesterday afternoon at the | above school on the occasion of diplomas being | awarded to sixteen young lady graduates, who quit it today, The exercises were weil gone throug), and consisted of vocal exiubitions, recitations and compositions, Addresses were made by Messrs. Girard and Russel, and @ Vajedictory given hy one of the class, Fire MAnsrat’s REPoRT.—The Fire Marshal's monthly report to the Board of Police shows that | during the month of May there wero fifty-eight fires and fifteen falee alarms in this city, and thirty-two fires in Krookivn, Of the fires in vnis city there were three in Which the loss was over $5,000, one in whieh the loss exceeded $10,000, one in which the Joss exceeded $50,000 and one th which the loss Was over $100,000, ‘Phe total losses in stock and bulld- ings were £229,000. Tae PoLrer Noany.—This Board held a session yesterday, when numerous judgments were given in cases of offences committed by officers, Thoms W. Jovee, Pourtechil previnet, Ferdinand Kelly, Sixth precinct, and William Hawking, Porty-third precinct, were dismissed from the force. ‘The latter, it will be remembered, was tried on Monday for endeavoring to force his way into a citizen’s house with an empty coffin, mga band occupants and denouncing one of the ladies, whom he arrested, a8 a buck-toothed Gog. OMcer Corrougher,of the Fifteenth precinct, who was tried on the charge om wes te The other Dokiness of ibe’ seasion was of @ routine and anim portant character. EXCISE TRIALS.—A session of the Board of Excise was held yesterday, President Bosworth in the ebair, Manlerre reported in favor of granting 621 new licenses in New York, 139 in Brooklyn and three in Richmond county. Louis Wesseman, No. 79 Canal street, waa chi closed on the 24d May. Sergeant Tenth precinct, being the complainant. License not revoked, Frederick H: iter, No. 219 Centre street, gelling liquor on the 23d of May. A female, whose husband is in the habit of frequenting the piece, ‘was the complaining witness. She saw her ugband drink and pay for @ of lager a little before nine o’elock in the m Ing. License revoked. The case of Robert Harrison, No. 67 Macdougal ‘street, was adjourned for two weeks. POLICE INTELLIGENCE. RECRIVING STOLEN Goops.—Edward F, Keen, & junk dealer doing business at No, 87 Jackson street, was arraigned before Justice Mansfeld yesterday, at Essex Market Police Court, on @ charge of receiving goods, Kuowing them to be stolen, Mr. J. H. Andrews, of 414 Water street, was the complainant, and he stated that on the 22d of May three sails were stolen from the steamship Florida, as she lay in the Erie basin, Brooklyn. After searching for the Sails they were finally found in the prisoner's store. Keen gave bail to appear for examination. ASSAULTED WITH A Hatouet.—Ergest Staleman, of 119 Forsyth strect, appeared before Justice Led- ’ with, at the Jefferson Market Police Court yesterday, and accused Henry Schultz, a fellow workman, of |”, striking him on Monday in the face with a hatchet. It was Faraly neceasary to make many inquiries in reference to the felonious assault being committed, as complainant’s face was terribly battered, one eye being nearly closea and his forehead, tace ant cheeks of many bruises and lacerations. The out- sd was proven against [enry aod he was com- mitted to answer the charge at the Court of Generul Sessions in default of $600 bail. CHARGE OF ForGERY.—Thomas J. Radeliffe was yesterday arrest2d and committed by Judge Hogan, at the Tombs, to answer a charge of forgery. ‘The complainant, George ©. Soren, broker at No. 2 Rector street, states that on the 10th of October, 1868, he cashed for the accused a draft for $138 66, purport- ing to be drawn by McCinne & Holden, of the Home Bank of Bloomington, NL, on the National Park Bank of this city to the order of Samuel Strauss, and to have been certified by the Park Bank. Ascertatn- the draft to be a forgery, a warrant was issued on the 16th of last January for the arrest of the ac- cused, but bis arrest was not accomplished until yesterday, The accused says that he obtained this draft from aman named Allen, who has since been arrested and sentenced four years to State Prison for passing fraudulent checks, OBTAINING MONEY BY TRICK AND DEVICE.—Mr. William Ward, doing business as a wholesale meat dealer at stand No, 412 West Washington Market, appeared yesterday before Justice Mansfield at Essex Market Police Court, and preferred a charge of ov- taining money by trick and device against a butcher named Elias Levy, From the statement of the com- plainant tt appears that on the 2d of April Levy Went to him and asked for » loan of $300. Mr, Ward refused to advance tie money, but Levy pro- poet. that he should give pia tea a check on his ankers forthe amount, dated tfteen daya abead, romising before the expiration of this time to send ‘ard sufficient meat to amount to $390. Mr. Ward agreed to this, and gave Levy a check for $300 on the National Exchange Bank, dated according to agreement. Mr. Ward states that since he gave Levy the check he has ne ‘eceivet the meat, aint that he believes that it was his intention to defraud him. Levy denies any such intention, but gave bail tw answer. Tur “FRIENDSUIP” Or TUN Pexiod.—Peter Murphy ‘Appeared before Justice Ledwith at the Jeiferson Market Police Court yesterday and made a com- Plaint against an “old friena,” John Pentony, who had robbed him of $140. Murphy told his story in this wise:—He was the superintendent of the Sing Sing gas works and had visited the city op Tuesday to transact buportant business. This he did with apn eye single to the importance of the duty, but aiter his mind was diserabarrassed with the object of his journey hitherward memory revived recollec tons Of a pleasant nature—of the days when he re sided in “old New Y and, in the best of all pos- sible spirits, he determined to seek the friends of days long gon He found them, and it proved unfortuna that he did, inasmuch as lhe journeyd back to the gas works of Sing Sing, “breke” and in exceedingly bad bumor. The first pad visited by him in qnesi of those to gratity his andable desire was an aie house on Sixth avenue, thence to others of like charaeter, in one of which he met the accused, Pentony, “Just the man | have been looking for,” exclaimed complainant, and then the old story was told.. ‘che meeting proved, appa- rently, of mutual pleasure; they talked over the times they lived together, the ‘ood old day and then started to see other boys of their younger years, On this mission they pussed a barber shop in West Fortiein street, and Peter thought it best to get haved.”’ ‘The process was conducted by two artists; first by the person that lainerod him and made smooth his herdy cheek, aud secondly by his old friend. Getting up from his chair, Peter went to his pocket, took out the well filled wallet and, after obtaming the sum of ten cents to pay expenses in- curred, jaid it upon tne counter for a second, and in that second Jono hipped” it and made the quickest time on record up the sirect. [He was im- mediately followed by an excited crowd, as the alarm was quickly given, and soon the fugitive was caught; out the pocketbook and $140 had taken wings and flown to paris tuknown. This was the substance of lainant’s touching story, aud he concinded by “thinking it was too bad a frieud should rob him.” The accused, in bis informal ex- amination, said that he was twenty-two years oi age, born in New York, lived at No. 259 West Twen- ty-ninth street, was a worker in fron railings and not guilty of the charge. He was commiited to answer, In default of $1,000 ball, at the Vourt of General Sessions. BOARD GF HHALTH, Stirring Up Contractor Whiting—Slaughter of Calves—Bergh to the KescueAn Essay on Fashion. ‘The regular weekly session of the Board of Health was held yesterday, President George B. Lincotn in the chair, and a fall Board preseut, with the excep- tion of Commissioner Stone. It was ordered that the street cleaning contractor be instructed to remove all filth and garbage on ‘Thompson street that may have cvilected there in consequence of the Seventh Avenne Ratlway track, and that the company be ordered to remove ail ob- structions they ney have left upon ihe str On motion of Me. Mamierre, it was decided to hoid a meeting of the Board of kstimates on the oth of June, and the Seoretary was insirneted to notily = Mayors of New York and Brookiyn of sucl de- cision. Mr. Manierre reported that the towns of Rye, Ossiffee, Cortiand and Greenburg had not collecred the assessinents of the Board of Estimates. ‘The Sanitary Superintendent reported in favor of the granting Of a permit to Messrs, Allerton Brother to construct a first ci yattotr the North river, foot of Forty-frst street, jor th ughter of hogs over the water, provided he couplies wit ail the ruies of the Board in point of sewer ac. Mr. Allerton stated that he proposed to have the work constructed within «a year, ie Board took no action in the matter, leaving it open for the former to pro- ceed with the work. The following letter was read from Mr. Henry Berghi— Mr. GRO. B. LINCOLN, DuAR Bte,—One of ‘ihe mor ernelty (9 dumb, defencele calves simply to gratify we tng the flesh of t hideous process or even that he flavor of its origin in w witiatod New York, Jane 1, 1849, st piesding tof the gourmand wile eat- 1Uis not pretended that this h me 3 it fashion. Shail we longer yt agony of these unofending veings merely to incvge tle de. praved taste? Were live aat sensibility’ given to thore creatures by the = Omnpote to be wortured day alter day by e knife the buteber, who in obedien: nd ore! mandate of fashion, opens the meson ite current slowly dow: ing solel geat to ihe apparits ? Ts it prudent ih of the community by & ays Jon of slaughter had almost faid murder-—which acionee and renders it dan @ and honorable T woud resp i the part of the honorable Healt Boar 1 bave the honor to be your obedtent Te ‘The communication of the President « the Society for te’ Prevention of Cruelty to Antiasls was re- ferred to the Sanitary Committee, and tho Board ad- | journed unt! next Wednesday, POST OFFICE APPOINTMENTS. General P. H. Jones, Postmaster, has made the following appomtments of superintendents of sta- tions, 0 go Into effect tmmediately:—station A, Fdward Hatlock, reappointed; station B, E. Wether. oll, vice Henry L. Dexter; station ©, Sewell A, | Dodge, vice William A, Syma; station D, William A, Leed, reappointed; station K, Eugene Soalleyet, vice | ©. T. Williamson; station F, Thomas J. Kony, vice John W. Brady; station G, Bh. T. Morgan, vice W. B. McDonough: station TH, Jacoh T. Van Winkle Michael Halloran; station L, William B. Pabor, re- | pointed; station O, Theodore Karner, obbing. A number of carriers have recel muiasions, And Are awaiting confirmation by the medical board before whom they are W be ex: aunoed, THE TWENTY-10iRD STRPEF RAILROAD. Sale of the Franchise—Mayor Hall as au Auctioneer—Fivk, Jr Deen Not Become a Purchaser, In the Governor’s room, m the City Hall, yesterday at noon, there was assembled an unusual crowd of moneyed men, party leaders, railroad people, sual) Politicians, “repeaters” and others to “assist” at the sale of the franchise for the Twenty-third Street Railroad, ‘The moneyed men, that is men who are engaged in purely commercial pursuita, were far in the minority; the party leaders were few, of course, a8 there are but afew; the railroad men were aiso few, the smail politicians were mapy, the “repeat- ers” were well represented and the others comprised genilemen of the press_and a few other gentiemen who came through curiosity to look on. Conspicu- ous among those present were the Commissioners of the Sinking Fund, under whose direcitons the sale Was held, compri#ing the Mayor, A. Oakey Hall; the Comptroller, iB. Connolly; the Recorder, John K, Hackett, CRainman of the Finance Commit- tee of the Board of Alviermten, John Moore, and the Chairman of the Fmance Conimittee of the Board of Assistant Aldermen, Peter Culkin. The irrepressi- bie Impressario, Fisk, Jr,, wat ov hand, among other “solid” men, who, in aceoraauce With Assem- blyman Campbeil’s suggestion, always “60 the front.” The invincible Tweed was also present, looking, no doubt, to find the men who woult successful in Obtaining permission to place obatruc? | tions in @ street and whom the Street Deparument could not worry. Veputy Chamberlain Hugh saith had an eye open for the man or many men who should pour a dvop or two into the city treasury. George Roome was xround seeing that nobody stood on more than one chair at a time and that the furniture was as well cared for as such a congregation could be expected to care for it, Noon had passed. A large nuwver of the small pollucians and their friends were examining with Inierest the painting Of the ‘Return of the Sixty ninth Regiment,” others wore viewing the historical relics and paintings in the room; Fisk, Jr., was qui- etly admiring his patent leather snocs; Mr. Dikeman, Secretary of the Sinking Fund Commissioners, was standing tn most ministerial style, with benigaity beaming through hie goiden cased spectacies, and everybody was wondering why the sale did not be- gin, when Mayor Hali mounted one of the chairs tn which some member of the tirst United Congress sat. ‘Yhe elevation of the Mayor was ihe signal for a Tush for places (not the first time, by the way; bot in the present instance the places sougiit were not ofices). Mayor iiail adjusted his eye giasses a little more firmly, brushed a shining lock up from bis forehead, put out both arms so that his nobby siveve buttons came well in sight, then worked bis mustache once or twice an gaid:— “Gentlemen, the Commissioners have waited allittie over the time to aliow the pilgrims to the City Hal) Mecca an opportuuity to bid on this railroud fran. chise. The Commissioners of the Sinking Fund had held an adjonrned meeting and determined to have the sale here in the Governor's room, ana in pursa- ance of the notice published we are here. You have all read the not: J presume, or else you would not be here. ‘The Governor's room, by the way, is a most 4 Appropriate place iu which to bave this sale, nas Tuch as it was owing to the peculiar, aud, i may wd, the legal and constittional, views of the Gover- nor of this State that the franchise is to by disposed of in this way.”? Tie Mayor then read the call published by the Commissioners aud # copy of the leriis und sgree- iment upon which the sate Was made, as foliows:—~ TEMS UF BALK. person or persons or corporation whose hid Rig 1 be accepted on such sale ehail, within four months from ae day vi the aale, finish and complete sald road and equip the snine w: foquiaite number of ears aud horses: but shoul he or they be restrained or prevented, by aay legal proc.edings whieh are Hot collusive. from constracting and compledng the same, the time Jarin; strained shall not be deem tak afi the saune is y a whieh tir be, fuilicient Surctics, to be appro Inigsioners, conditioned for’ th by the said com. m and equipment of the said raliroad, as above provided, tabject to the conditions ilority ais Toll td_ railroad n the most in for the cous ds'and with fised upon th commonly exiled Philadelp nS tie conventence of pass rubject 0 ancb reet fu Phiadelphia, rail, aud shail be run as often ers may reynire, and sua'l be regi we in respect {the eity of New York may nd the sald party charge the same of passengers on awid rall- , w charged by otver city railroads in said efty. ‘Thivd—In the coosiruetion, operation or use of such Fall: road upon the route above désignated, #houl such person or von deem it nccensary or por ww dnter- aforesaid act to ran Up: aw in case they cannot agreo with the owner or owners thereat respecting the compensation or payment to be the am ehation oF paymen n act to authors to regulate the same,” pesasd April should “any real estate i torest theretn be required for the Sail railroad, aa ahove spocttied the sald person or corporation # the owner or owners for the use or purchase thereof, they may acquire the right to use or tite to the sane in the man- ner specificd in the fourteenth, tfteenth, sixteenth, seven- teeuth, eixhlecnth, nineteenth, twentieth and iwenty-dirst sections of said act of April 2, 1430, except that in any di the proces, at orized by sald act. ‘slant yetition vo the Supreme Court whaii inake any allegation of or reference to apy incorporation, capital stoeky | ure veya or maja, or of the Gling of any certificate ingation. ‘But “in all cases the ise of said ent for the parpose of said ralizond as wuthorived by wait shail be consideret a public use, consistent with the tor which the Mayor, Alderinen and Commonaity of clly hold wald street, Nothing in the said act contained all authorize or wilow the existeace of more than two tracks i® apy part o: eaid treet. | Fourth-.Tae Legislature reserves the right to alter, amend or repeal the act giving the authority to construct And ope- rate such rall Fifh—On ent into the Oity Treasury of the amonnt of the said iid, an? on the execution aud approval of the aaid bond, and the execution of an agreement 4 perform the conditions 4 xtipalations herein expressed, the sald gom- will detiver to the party or parties entitled to the aloresaid « certificate that he or they are entilied to ant, Sixth “The commissioners reserve the right to reject any bid as being made fraudulently or collusively. Firat. That the said Pi four months, finish and complete said road thr: entire length, along T York, trom the Novel: joite number of ears vided, however, that {if Le should be restrained or prevented the same with the re horses, pro- hy any legai proceediugs us aforesnid (rom eonstructiag aud ime during Which he 14 80 restrained to ve part of the time within completing she mut Shall nat be decined orth rive: and that no otherjrail or in any way decupled by the pariy nd part ov bio ayerts, except such xs | authorized by the knw iujot hie wale 18 made to | down, construct OF take poseasion of, ‘The Mayor then asked the bids of those present for the very Valuable franchise, remarking that he was not going to praise the arlacle Which was up for sale, but would merely act a3 errer, and would ery out as Jong as the bids Came, and still would ery as long as the ery was stil they come, and would not e crying out until they came to a stand still, A gen- | tieman present asked what motive power was to be used, Another. what the width of the guage was to be, Mayor Halt sai he was not p on gnaging, but woald engace that whatever privileges were conferred by the act would go with the franchise, aud for @ full explanation of the act he referred every man fo iis own lawyer—not the book, but the maa who should know what was in the book. After | a litte farther quesioning and repariee between pardies present aud the anettoneer pro tem. | tor alt purposes lor the month of Jane w | the state of vaccination emo: | @8 before ailnded THE SALE COMMENCES. James Fisk, Jr., opened with a bid of $5,000. Lin- mediately many were on tiptoe to get a good yiew | ot the railroad lion, and it was rumored that Fisk wanted the road and would bid down all opposition. ‘Ten thousand dollars was cried by two or three at once, some evidently timking that he was doiuga | noble deed for the city in running up Mr. Fisk's Wid, | As it wax evident Mr. Fisk was bound to tiave tt. | | ne ig ae NENG. Vath “Won't somebody, Just for euphony sake, give me one hundred and ff oho funny ‘man? fays somebody in the room; ‘ your ought to get it.” ‘Then came * thousand,” whieh was greeted with loud and at which the franchise was knocked to Mr. sydney A, Yeoman, of 301 West Fourteenth street. eae announcement was greeted with a loud smile Several ejaculations to the effect that it was kuow who will run that road.” Mr. having signed the necessary pavers, and the pote de rr ed in another survey of the rooms, 7 pearance, The Mayor, having descended from his sional elevator, announced that Mr, Yeoman. 48 his sureties George Law ana Jon Kerr, ‘" ¥ cro the City Hall assumed its wonted ap- BOARD OF EDUCATION. Second Regular Meeting of the New Board=y Murmurs from the Miuerity=Vaccination in the Schools, The new Hoard of Education held its second regte lar meeting last evening, with the president, Mr. Ry L. Larremore, in the chair, Mr, Peter Cooper oveu- pied a seat at the right of the president. After the roll had been cailed and ail the members were found to be in their places the minutes of the last meeting were read and the question of approval put to the Board. Mr. Wood stood up; leaned out over his seat, and, palancing his golden-rimmed eye-glassea berween the thamb: and forefinger of nig right hand, wile he stroked his snowy beard with the left hand, asked if it was necessary that lie sould vote on the approval ef the Ayinutes, as if it was he wagted to expiam is vote. ‘Yhe business was done so quickly at tlie previous meeting> he said, ne could not. keep track of tt, and he then weUt on to state that he did not hully under stand the coiuattives as announced at the last meeting. The minutes were approved, after which Mr. Wood rose to a quvstion of privilege, and thea weat on to explain that he thought the law creating the Board meant that the mierity should be repre- sented, but that in looking over tag list of commit tees he found that there was no chairimansdip op any of the commiitees awarded to the mindvity. They had a representation on every committee, Qué he thought they ought to have some of the chair ships. He had been studying up bis vulgar fractions, and be found that the minority was entitled to $912 of the chairmauships and the majority to 5412, A generous majority would give them four of the chairmanships, but they would be satisfied with three, and he therefore moved that the com- inittees be reconstructed in such a way that the rights of the minority would be respected. The mo- tion was seconded by Mr. Sands, und on the vote being taken decided iost. Tie motion was made to reconsider the vole, Which was also lost--a standing vote showlig a striclly party difference. A large” amouut of the ordinary routme business, consisting of communications from various local boards m_ re- gard to excusing teachers or for confirmation of appointees, or for authority to go on with some work, Was disposed of by reference to ihe appro- priate coumittees, Commissioner Bell, from the Finance Committee, reported that tle Sagrogate amount of requisitions made on the school fund for the year was $1,060,000, which, with the balance of moneys with the Cham- berlain on the 1st day of January last over the War- rants drawn in 1868—exclusive of the suin of $17,600 withheld by the bank on the forged check —$1%6,a62, gives the amount availabdie to date to meet the pay- ments required of $1,196,352; that the amount of warrauts drawn to the Ist Instant stoce the Ist of January is $1,114,540, leaving @ balance io meet otber payments of only $72,802; that the auiount required. be about ual Tess $250,000. ‘Ihe report conclades with the ution directing (he Comptrolier to place (he sum of $250,000 to tne credit of the Board. ‘The . port was adopted, a8 was also the following rey or. irom the Auditing Committee:— RECEIPTS, May 1, 1869, balance witit Uity Chamberlin. $20,007 Deposited siuce by CompMoler.........++ 3a Warrants outstandiog . Stl outsiandiug....... Warrants drawn from May 1, to May Warrants oustanding ..........06+ Paid .. aes Total payments Balance to credit Comuisssioner SauyTd p a 3 recting iat uo bilis for extra work on any contract ju any of the schools shail be paid by the Board, unless the extra work shall first have been sanc- tioued by the board, and directing the cler« to notify the various local boards to thatetfect. The resolu. tion was adopted. Mr. Smyth offered another reso- iation, Ww! Was aiso adopted, directing the Com- itice on Schoolbooks anu fygienies to Inquire mto tie luethod abe apparatus for headug toe schools, and to report to the Board the result of the in- quiry. te ommtninsioner punyea, from the spectal commit. peg Appuintod (0 iuake w se ection for tle - ment ty the Naval Academy from the Suveath Con: gressionai district, In accordance with the: i- Uon of Congressinan Calkins, reported tha, Morrell, trom Grammar School No, 36, had received the Sapotatan oe and he further reported that the cominitiee sugges? that a vote of thanks be tendered say cane . due wr i udopied. resolution was adept! directing the Finance Committee to inquire mto the various departments under the Board and to make such changes as may be deemed expedient. Commissioner sands presented a petition from Samuel Sturgeon, complaining of the action of the board of trustees of the Twenty-first ward in re- woving biin from the position of janitor of Grammar Scnool No. 4¥. Accompanying Was a protest, signed by a namber of citizens, residents of the ward, testing against the action of the trustees as uacalied Tor and unprecedented. ‘The papers were w the Cominittee on Bulldings. Commissioner Gross ofered the following preamble and resolution: Whereas the officer having charge of the depart vaccination, under tye boardt ieeids, ins mete tnquitige yoeene ty 2 Rica ihe present Prevalence of mailpox in a ne} u would vot conseat to. faciifiate ‘the x schools b: pore pupil and of performing vaccination tn.the case of ueces- ae rived. That the petneigale of ali the primat st ¢ prina! gran: marschools ure hereby referred to section 43.08 the Wpinwe admontebed to adbere regarding on page SL of the Manual of 16s, and sirtait to tne fnyucetions shereta’ ; an Resolved, That the Board of Health ie most respeptfully requested fo ineiruct ice visliing inspectors, tn pro with nll due delicacy tows and to foree no vaeett Keaolved, That we earuestiy admon ¥acemation of their children to \m, Board of Health and its vace! are fully convinced that the vaccine matter. ut with the most sce pulous r for the Speotice individuals frora whieh such matter iS, fore, in the parents ab thelr children fo asaist to the the ofl formance of taetr duties, ‘The preamble and resolutions were adopted, which Commissioner Maps - ing a sirailar it jon at whe Manual open in ute vious meeting, req! Lg port the condition of the schools, grades of scholar+ ship, &c. The President tnformed him that the Su- perintendent would probably be ready to report at the next weeting. Mr. Wood askel if there was anything m the resolution gving the perintendent instructions how re) i President stated that the Superintendent under- stood his business perfectly, and would, no douvt, report in a satisfactory mauner, Mr. Wood asked. “But how? Is it by percentages or by words? 1 want {t by words and not by figures.” He then aF Fifteen thousand dollars somebody et Aileves ou | Went on mixing up figures and words and of Fisk. He takes fire aad says $20,000. Then comes | words orspeech until he obtained a pert lence $25,000 by two or three, who gaze again on the brie | from all present—a silence of astonishment as to again on Fisk. He coolly sirokes nis moustache, glances agaiu at his patent leathers, int says nothing. Oh Lord, says one nan, s}ippose it should | be knocked down to wr “Thirty thousand dol lord. Thirty thousand dollars by another, All eyes | ra," says the auctioneer pro tem, ‘for the ratiroad; ne lrou-clad oath necessary.” | rhirty-tive,” came siowly from a bidder, Ab (itis it hung for a while. The auctioneer pry fem repeat tng *Thirty-tive, thirty-five, thirty-Gve thoasaud. — Tt can't be xald to be going as the road is not bailt yet.” Thirty-#ix. Nothing more from Fiek; alt eyes are on him, he slowly looks up, then nod Mr, tall, That nod meant “five Uhousaud beite ‘Then the bidding struggled alony at a one thousagd dollay raise each bid. Mr. Pisk ehiualng tt at $43,009. $52,009, §.64,000, $56,000, $60,000, $68,000, $65,000 and | $67,000, Suime one or two others doing the opposing bidding, and the rest of the crowd vl but ali seeming confident that M the last aay. lat after $67.0 contest was then leit between two gentienmen, they ran the figures along alternately until they reached $76,000. Whereupon Mr. auctioneer pro fer vetnarks; —“Sevepty-six; the good old days of seventy-six; Tin glad to get back again into thet patriotic era” THE TILT PROGRESSED between the same two tndtviduais, eacl one In Furr seeing the other and going une better until they got up to $160,000, This bid was greeted with la pd and applause, “Going atone hundred thonsanc te lars, amid the avplause of the spectators,” quoth the magisterial knight of the hamiuer. The alternation was continued “one betier’ cach bid, but from 000; then $121,000, $125,000, $116,000 it jumped to $t 26,000. “Dowbie tt witches and tarn-outs,”? | fait Mr. Auctioneer pro (em. ‘Then $130,000, $135,000, $139,000, $187,000, and so OD Up to $145,000, When somebody cried, “Five hun of Rive lai “1 thousand?” asks the seller “No, no: one fret fven ave hunted’? ‘To get even with this | break the other party says $146,000, at which | the crowd laughed aud applanded, was given from the other suche 2 hen balanced = with weet inst dal 14, 000, whereupon alk OX when, \ | dinners, seemed to be oa the point of calling Mr. rows ¢ what he was ony at, The president finally avowed his inability fo give the geutieman the ni mation required. Two or three members, who were evidently anxious to get away and get home to their Wood to order, as there was no question before house and nobody could tell what he wanted. fvon as he eeaced speaking & motion to adjoarn was made aad carried in short order, OUSTOM OUSE AFFAIRS, ‘The agitation consequent upon the changes ainong officials at the Custom Honse, under the direction of Coltector Grinne!, still continues, and the process of reconstruction is slowly, yet surely, going on, Yes. terday applications were considered and personal interviews granted (o a hurge number of the ay ants for the honors and duties of government vice. To guard agwipat excessive crowds those wishing to tho Coleetor were admitred npon staieinent Of Lietye 48 60 the outer orice, wi wei one by one, Into lus presence, icy crowd of politicians, some of the fostitfes ler, others of the begging, dependent useful for the dirty political work of a and then expectiig support in return, stil another class, the victims of kiopemanta, Who cannot rest satisfied without the honors of ‘ofilciay dignity, timp! which #0 trulj seeker and tie se ‘ i the meayre nppot fi aor ie | were Tinsuccossfal, a An onal mone the he if Looked as it he w ive igs aud migh> make @ respect liaule or ¢ ark, but the vase imoriy a8 Of that sycopl and shem on the geanine Ee ing | were vad * oun ye gai Badger M.° ; ton smith, vice J.C. Slagtt; James a i Te Sherman. Messe, Sintth and La ws Sher changes have been d allan ‘erauon, and wilh be a wed a .