The New York Herald Newspaper, February 2, 1870, Page 6

6 NEW YORK HERALD BROADWAY AND ANN STREET. GAMES GORDON BENNETT, PROPRIETOR. Aff business or news letter and telegraphic despatches must bo addressed New York Heravp. AMUSEMENTS THIS AFTERNOON AND EVENING. ‘WOOD'S MUSEUM AND MENAGERIE, Broadway, cor- ner Thirtioth st.—Matines daily, Performance every evening. BOWERY THEATRE, Rowery.—Buox, Buok, Row Many Houns; o2, Gorp Ur "TO 18, ae. Ke THE TAMMANY, Fourteenth street,—Tue Buauxsque oF THE SEVEN. WALLACK’S THEATRE, Broadway and 13th street.— Ouns. BOOTH’S THEATRE, 934 at., botween Sth and Oth avs.— Epwin Booru as Haier. FRENCH THEATRE, lfth st, and 6th av.-La Granp DocHESsr. OLYMPIC THEATRE, Brosaway.—Seaious PaMiy— Tue Srivvine. Matinee at % FIFTH AVENUE THEATRE, Twenty-fourth ot,—SURv; OB, SummMeR Scenzs at Lone BRANcH. ACADEMY OF MUSIC, Ith street.—I7aLIaN OPERA— Witt TRL NIBCO'S GARDEN, Broadway.Granp RoMaNTIO Puax or tae Duxe's Morro. MRS. F. B. CONWAY'S PARK THEATRE, Brooklya.— UNoLE Tom'a CabEN. TONY PASTOR'S OPERA HOUSE, 91 Bowery.—Comro VocatisM, NZGRO MINBTRELBY, AC. Matinee at 2%. THEATRE COMIQUE, 514 Broadway.—Comio Vooat- ism, N¥GKO Acts, &C, Matinee at 2). BRYANT'S OPERA HOUSE, Tammany Building, Mtb OL. —BRYANI'S MINSTRELS, SAN FRANCISCO MINSTRELS, 585 Broa tway.—ETHio- PLAN MINSTRELBY, Ne@Ro Acts, 40.—“1asa.” NEW YORK CIRCUS, Fourteenth street,—EQueaTRtan AND GYMNA6TIC PERO! ) 40, Matinee at 214. HOOLEY’S OPERA MINGTRELS—THE THEATEI SE, Brooklyn.—Hoourr's LE ARNOT, £0. APOLLO HALL, corner 28th street and Broadway.— ‘THe New [1peRNicon. ASSOCIATION HALL, 23d stri Vouat anv INSTRUMENTAL Co ¢ and 4th av.—GRAND PERT. NEW YORK MUSEUM OF ANATOMY, 618 Broadway.— SCIENCE AND AxT, LADIES’ NEW YORK MU: Broadway,—FEMALES ONLY L M OF ANATOMY, 6186 ATTENDANOK. New York, Wednesday, February 2, 1870. CONTENLS OF TO-DAY’S HERALD, Pace Advertisements. Q-—~Advertisements. 3—Washington: The Test Oath Nuliified by Con- gress—An Unreconstructed Memver from Vir- ginia Admitted—Amendments to the Currency Bul—The New Tariff Bill—Further Protection to New England and Pennsylvania—A Presi- dential Veto Threatened. 4—Europe : The Bonaparte-Noir Tragedy and Radi- cal Revovutionism in France; Irish Radicalism in the Papal Council—The Monthly Puplic Debt Statement—Amusements—Personal In- teiligence—Venice and the Venetians—A New Lake Tunnel. S—the Guillotine: Interesting Details of the Exe- cution of Traupmann, the Murderer of the Kinck Fdmily—Proceedings tn the New York and Brooklyn Courts Yesterday—The Confisca- tion Act of 1862 Before the United States Su- preme Court—Naval Intelifgence—Who Made the Pope’s Gold Fish ?—Effects of the Recent. Mild Weather in Connecticut. 6—Eiditorial : Leading Article on The New Union, the Reconstruction of Our Political Parties— Prince Arthur: His Movements Yesterday ; Reception at Delmonico’s Last Night—The Westchester Tax War—Destructive Kerosene Fire—Amusement Announcements, ‘7— Telegraphic News From All Parts of the World; The Pope's’ Condition of Health; Free Tradq, Debates in the French Parliament; Crisis in the Winnipeg Revolution—The Stace Capita); The New Charter for New York City Complete; Disposition of the Metropolitan Commissions ; Another Broadway Railroad Bill in the Sen- ate—Quarantine: Installation of the new Health OMcer—American Shipping—New Jer- sey Legislature—Art Matters—Business No- tices. M 8—New York City News —River Thieves Captured —~ Annual Report of the Park Commissioners— Meeting of the Sugar Traders—Suburban In- telligence—The Bloomingdale Tragedy—Real Restate Transfers—Jere Black's Letter to At- torney General Hoar—Special Political Notes— Erie and the Bogus Locomotive Works—Ice Business in the Kennebec—A Texas Tragedy— The New Catholic Bishop for Onicago—Our Lunatic Asylums. @—Financiai and Commerciai Reports—Tadle of National [Imports and Exports—The Leader of NEW YURKK HERALD, WEDNESDAY, The Now Uston—Tho Mocoustruction of @ur Political Parties. Tho late formidable rebellion of the South- ern States against the sovereign authority of the United States for the establishment of an independent Southern confederacy, resting on the corner stone of negro slavery, has resulted in one of the greatest revolutions in the his- tory of nations. It has swept this “peculiar institution” of slavery from the face of the land; it has transformed four millions of negro ohattels, who had ‘“‘no rights which a white man was bound to respect,” into citi- zens, possessing the same civil and political rights as white men; it has Introduced into our political affairs a negro balance of power of eight hundred thousand voters; it has radically changed the general government from a loose confederation to a nation; it has established the subordination of the States to the central power, placing even the enforce- ment of equal civil rights and equal suffrage in the hands of Congress. In 1852 the old whig party was broken to pieces and dissolved ; in 1854 the republican party, upon the broad and revolutionary idea of “the extinction of those twin relics of bar- barism, slavery and polygamy,” took the field. From the drifting elements of the old whig party in the North and of the Van Buren “free soil” elements of the democratic party, this new party sprang at once into vig- orous life. In 1856 so strong had it grown that but for the third party movement of - more it would have carried its candidate, mont, into the White House. But the result which was adroitly evaded by the pro-slavery Southern democracy in 1856 was boldly invited in 1860, in a deliberate break-up of the Charles- ton Convention, thus in the division of the de- mocracy upon two tickets clearing the field for Lincoln and the republicans. The Southern object in thus opening the way for Lincoln was a converflent pretext for secession and the establishment of a homogeneous slaveholding confederacy by force of arms. They had lost their Northern democratic balance of power, and open rebellion was the only alternative left them for the maintenance of negro slavery. The consequences, gtep by step, in the work of revolution and reconstruction thus invited are fixed in the radical changes of the govern- ment we have described. Saving the question. of Mormon polygamy—a mere incident, and a “relic of barbarism,” which will soon be re- moved—the republican party has fulfilled its mission, and must now prepare for a new de- parture on new issues, The abolition of slavery demanded some new regulations touching the status of the African race, civil and po- litical, and in adopting the doctrine of the equality of all races and colors the simplest and the only complete solution of the problem has been made, But what next? The libe- rated and enfranchised blacks have naturally, as the rule, become the political allies of the republicans, from whom they have derived their liberty and political equality. But with these things secured the Southern blacks have other interests to look after. The Southern whites, opposed to the republican party, are the landowners,’ the planters, the employers of negro labor; and herein they have the means for speedily conciliating and winning over the negro balance of power in every Southern State, from Virginia to Texas. Will they doit? They can if they will. We have, however, before us a Southern democratic paper, the Montgomery (Ald.) Mail, in which we find a conspicuous editorial in opposition to negro suffrage to the extremity of appealing from the fifteenth amendment to the Supreme Court, and urging the New York democracy to this experiment. The unrecon- structed Southern organ in question says that “in Alabama the democracy will not accept negro suffrage ;” that “it has been forced upon the State by federal bayonets, but we shall resist it to the bitter end;” that ‘“‘this is our determination, and we ask our democratic friends of the North, and particularly of the Empire State, to assist us in our efforts to cast off this infamy and oppression by which we of Alabama are crushed down under the heel of miscreants and mongrels ;” that . ‘now is the time for the democrats of New York to plant themselves firmly on this issue, the greatest issue of the day,” and that they will be sus- tue Red River Rebeilion—Marriages and Deaths—Advertisements. 10—George Peabody: Removal of the Remains to Peabody, Mass.; Imposing Ceremonies at Port- Jand—The ¥ifth Ward Murder: Inquest and Committal of the Murderer to the Tombs— Shipping Intelligence—Advertisements. 11—Advertisements, 12—Aavertisementa. rh New Tanirr Bint meets with strong opposition in the House, and will have great difficulty in running the gauntlet of opposition that is already deyeloping. Broapway Ratmroaps.—The vexing ques- tion of railtoads in Broadway has been brought up in the Legislature again by Sena- tor Genet. Tur Pusric Desr SraTEMENT shows a de- crease of $3,933,664 during the month of January, This is not up to the average of the earlier months of Grant’s administration, but It is still better than an increase. Tar New Ciry Cuarrer.—The bill for the reorganization of our city government has been completed by the Tammany leaders in Albany, and will probably be presented in the Legislature to-day. It retains whatever is good in the present commissions, but shapes them to suit the principle of municipalities governing themselves, Tue Winnirza Reyovunio: —Despatches received yesterday from St. Paul report a startling change in tho situation in Winnipeg. It is stated that the Hudson Bay Company has resumed governmental control and arrested Riell, who, it is said, has excited considerable dissatisfaction among the haif-breeds by his inactivity. Tax Presipenr AND THE GOLD Coy- sPrracy.—One Mr, Stiles, a Pennsylvania democrat, who takes the report of Fisk’s testi- mony as furnished by some of the papers for Gospel truth, declared in the House yesterday that. the integrity of the President was involved, and that he is unfit to be the ruler of the people if the charges are true,’, Tho style of Mr, Stiles not being exactly suitable the chairman tuled him out as among the old styles gone out of fashion, * tained by the conservatives in every section, and ‘‘may be sustained by the Supreme Court of the United States.” All this is very absurd, but there is some- thing in it as an exposition of Southern demo- cratic sentiment touching negro suffrage. There is an instinct which directs the wild goose northward in the spring and southward in the fall, and there is a sort of instinct which directs Northern and Southern demo- crats of the old school dead against negro suf- frage. Hence the late repeal at Albany of New York's ratification of the fifteenth amend- ment is hailed with applause in the Kentucky Legislature and with admiration by this Alabama democratic organ. The Northern democrats very well understand that they can never get back again into the White House without the aid of the South; but we can tell them and the Northern democrats that henceforth there is no other way for them to recover the Southern balance of power except by gaining the negro balance of power in most, ifnotin all, of the Southern States. We can tellthem that this policy of recognizing the sitaation, whereby the conservatives in Vir- ginia carried that State last summer, is the only course for them—that the fifteenth amend- ment is fixed upon them; and that henceforth the wise heads of the Supreme Court may be considered fixed in support of the constitution as they find it, In a word, while success to the democracy is promised with the cultivation of the Southern negro balance of power, the party without it, against Grant, will be apt to he frittered away in 1872. On this issue of the negro, at all events looking to the White House, the democracy must be reconstructed, or they will remain outside. : ANNEXATION IN ‘tok NorTaweEst.—Senator Ramsey, of Minnesota, has started in motion a ball which will probably continue rolling until Winnipeg and British Columbia are an- nexed to the United States, He offered in the Senate yesterday o resolution that the United States offer its services as @ mediator between the Red River revolutionists and the New Dominion, by suggesting to England-that a vote be had in Winnipeg and British Colum- bia on the questions of annexation to the United States or union with Canade, Spasish Forces in Cuba. It is not easy to get at the strength of the forces of contending parties ina war. We remember in our late war that the statements about the armies were frequently greatly ex- aggerated on both sides. The rebels espe- clally made out that they had large forces when they had not, for the purpose of pro- ducing an effect, and defeated generals always magnified vastly tho numbers” opposed to them. It is the samo, or worse, with regard tothe war in Cuba. A statement has been sent to us of the strength of the Spanish army in that island, which must be either very much overrated or it shows that the Cubans are much stronger than the Spaniards admit, We give the figures for what they are worth :— INFANTRY, Eight regiments of wnfantry of the line, two battalions of 800 men eaci + 12,800 Twenty-five battations of | 7 1,000.. +s 25,000 Two bal 1, a + 2,000 Two bi (estimated). Eleven battalions of iniantsy organized in 1,000 Cuba, estimated to be of same strength as the Peninsular light infantry.....»..0..... 11,000 companies. . nese sees ‘1,000 One regiment unain ar talions of four batteries each, pant 1,000 (Ficid ataved, CAVALRY, Twenty-five squadrons, Mf{ty companies of 160 men each (full strength in Spanisa BFMY)..-0sseeeeee . stevereseerees 7,500 Garrtson duty .........66.+ Grand total...... If this estimate is at based upon the number of troops originally sent out from Spain and those organized in Cuba, without taking into account the deple- tion of the army by sickness and death, losses in battle, desertions, returned soldiers, and other causes, Of the sixty-seven thousand regulars and militia It is fair to conclude there are not now more than thirty-five thousand effective men, ifas many. ‘The forty thousand volunteers might be reduced to twenty-five thousand. But these do garrison duty only, and are not very effective any way. In fact they constitute a force on paper only, Ex- cept the few Spaniards enrolled in this bdty the rest cannot be trusted, and the Spanish authorities are too sagacious to trust them in the field or out of sight. According to the Almanach de Gotha, the entire active army of Spain last year amounted to only eighty-four thousand two hundred and ninety men. How could sixty-seven thousand be spared for Cuba? How, In the disturbed condition of Spain, could the government spare more than three-fourths of its army for this colony alone ? The statement is incredible, and shows that it is made for the purpose of de- eciving the public both on this sido of the Atlantic and in Spain. We rather think the figures given might be divided by the figure three and be nearer the truth. If the number of troops originally, sent to Cuba approaches that stated there must have been a fearful loss of life, and this is a bad omen for the con- tinuance of Spanish rule over the island. In- deed, it furnishes the most powerful argument for the prospect of Cuban independence. Ad- mitting this extravagant statement of Spanish forces to be true, it shows the inability of Spain to put down the insurrection. Nearly eighteen months have elapsed since the war in Cuba commenced, and yet Spain is further off than ever from subduing the insurgents. If sixty-seven thousand regulars and forty thou- sand volunteers, according to this Spanish statement, cannot put down the insurrection in eighteen months, how long will it take ? And where are the additional forces to be found to fill up the loss by disease, battle and other causes? What, too, becomes of the assertion that there is no war in Cuba of any consequence? With all the power Spain has been able to use the insurgents, so far from being suppressed, have grown stronger, and the late news of their success proves this, According to this evidence of the Spaniards themselves they have a very serious war on hand, yet our Secretary’of State cannot see a case of belligerency. Red tape in the State Department and Spanish falsehoods have proved stronger than facts or the interests and sympathies of the American people. Napoleon’s Policy in Regard to Cables. It is announced authoritatively as the policy of the French government that there can be no monopoly of privileges in regard to laying cables on the coast of France, and that this field of enterprise is entirely open. We can scarcely imagine a declaration more calcn- lated to put to shame the recent course of our own government, which, despite all our national notions in regard to the freedom of such undertakings, has acted in the interest of ® monopoly against all cable enterprises. With equal ignorance, shortsightedness and want of discretion, our government headed an assault against the French Cable Company, thrust on by the monopolisis of the Western Union Company. It accepted their view with- out inquiry, and made it the basis of its oppo- sition to the new cable that France would not permit an American cable to be landed on its shores, Now it turns out that the govern- ment acted upon an invention; but all the harm it could do is done. Is it not scanda- lous that the administration should thus become the catspaw of a combination formed to plunder the people? Tae ReMAINs OF GEORGE PEABODY arrived at his native village of Peabody yesterday, and were received with mournful tenderness by the citizens of his boyhood’s home. They will lie in state until Tuesday next, when the final obsequies will take place. Tun Parx.—The report of the Park Commissioners has been submitted to tho Common Council, and makes a most interest- ing and satisfactory exhibit. The beautifal garden of the city has been kept singularly free of political influences, and consequently has rapidly progressed in beauty and useful- ness. No party has heretofore dared to in- terfere with it or to make jobs upon it, and it has been as it were almost the only public work in the city that has beon carried on only for tho people’s good, and with a steady view to the right use of appropriationg. It is to bo hoped that the democratic law makers will comprehend that’ it is not a fit object for ad- verap legislation. FEBRUARY 2, 1870.-TRIPLE SHEET. Our Special European Correspondence— Crime, Religion and Radical Bevols- tosis. The special mail reports from. Europe which we publish to-day illustrate our news telegrams by the ocean cables to the 21st of January. The is comprebensive and instructive. It tolls of orime and its retribu- tive punishment on earth, religion in its essen- tials and disciplinary divergences, political economy in its appliances to the wants of mod- ern society, politics as a profession, with the anxieties, recriminations and dangers of its pursuit, and of the gradual yet still certain progress which is being made by the Old World peoples towards the attainment of a healthy system of self-government. Our special writer in Paris visited the prison of La Roquette just previous to the execution of Traupmann, the murderer of the Kinck family. He was permitted an interview with the convict in his cell, and consequently tells of his everyday life just previous to being pre- pared for,the knife of the executioner. Apart from Traupmann, his report of the appearance which was presented by the congregated criminals who are held within the walls of this French jail is at once revolting and afflicting: It shows a sad aggregate of humanity in its hitherto unrestrained baseness, and now only controlled by actual force from the gratification of its fiorcer passions. It wasa dark facial reflection of the points of violation of every one of the Ten Commandments, and be- held at one time in an alarming unity. After this we have Traupmanno tended in his cell, made ready, led forth, ascending the steps to the guillotine, and bound to the plank; the fall of and keen swerve of the knife and the head in the basket. A mur- derer was obliterated here. Science, as in the case of Dumollard and others, looks after the severed head, and asks, ‘Does conscious- ness remain in the brain after the act of the executioner?” The sheen of the side of the knife flashes in the keen eye of the philoso- pher. It cannot penetrate to the other side of the steel, and Traupmann cannot reply. From Rome we have an important report of the proceedings of the Ecumenical Council. Our special writer throws considerable light on the influences which are at work in the ecclesiastical assemblage, moving and restraining its members. Cardinals’ hats are canvassed for pertinaciously, no doubt; but Irish lay radicalism, associated with Bri- tish revolutionism, evidently curb the episco- pacy in its action, and what is termed Fenianism appears to come up in very rugged and actual contrast with the pleasing theory of infalli- bility. Premier Gladstone, itis said, is well aware of this. So much so that we are assured that Holy Mother Rome has been compelled to have recourse for advice to her sturdy Anglo-Saxon offshoots of Oxford and Cambridge, in the hope that the footprints of the monk Augustine may lead her again to peace and harmony in return for her adminis- tration of a Pontifical placebo to the “‘irrecon- cilables” of the Green Isle. The Bonaparte- Noir tragedy and coming trial were discussed in the French legislative body, M. Rochefort taking a decided position against Bonaparte- ism. England and Ireland supply new facts of interest, so that our mail budget from Europe is, as usual, very acceptable, if not, as a whole, agreeable as an evidence of how public instruction sometimes tends. The New Post Office—The Work to be Stopped. - It will be seen by a note in another column from the constructing superintendent of the new-Post Office building in this city that be- fore the close of the month he will be obliged to discharge every laborer now employed on the work, It is therefore useless to bore him, at this time, with applications for employment. . This stoppage in the progress of this impor- tant work is very much to be regretted. Its construction was commenced with the most flattering assurances of being carried on with- out being obstructed by those vexatious de- lays that have characterized the erection of nearly every public building of note in the city. An unusually favorable winter also contributed tdéward facilitating the ‘speedy completion of the undertaking. But, alas! the tardiness of Congress in not granting the appropriations asked for by the dopartment has accomplished what the terrible old Frost King could not—nipped in the bud the fruits of the skill and energy of the architect and his superintending assistants. The stoppage of this work will create trouble all around— not only with the Postal Department of the government, but with the contractors, the clerks, artisans, mechanics, laborers and other classes who have made their calculations upon the steady progress of the structure and ar- ranged their business and domestic plans ac- cordingly. It will also give the umbrella brigade now occupying the ricketty old shanty satirized by the name of Post Office a further lease of premises which threaten daily and nightly to become their untimely sarcophagus. It is to be hoped that Congress will open its eyes to the manifest wrong itis doing by its tardiness in not supplying the funds necessary to continue to completion a work so auspi- ciously commenced as the new Post Office, and by prompt and immediate action make all the amends within its power. In the meantime it will be well for applicants for place on the work to read the before mentioned note from the superintendent. Work on rag Canars.—Mr. Harden- bergh’s resolution in the State Senate that no work be done on the canals until the money to pay for the same is appropriated and raised was agreed to yesterday by a vote of 22 to 1. Taz Test Oarn IN THE Hovse.—Mr. Booker, a Virginia Representative, was ad- mitted to his seat in the House yesterday on taking the usual oath, it being shown that he could not take the test oath without commit- ting perjury. Here is an instance of the in- consistency of reconstruction. fight to impose the test oath upon the mem- bers of the Virginia Legislature one of the Virginia Representatives is allowed to take his seat in.Congress without the test oath— being apparently an unpardoned rebel, with his political disabilities still upon him, while his State is‘restored to hor pristine piritye+ an unreconstructed representative of a reoon- atrycted State. After a hard | The Anglo-Féench Commercial Treatios. It was generally believed that free trade was doomed in France by the advent of constitu- tional government. It is always so, The grumblers, though few, are certain to be loud, A contented party is always weaker than the party that complains until the contented party speaks out in turn. The result has proved that it isso in France. The Emperor a few weeks ago yielded to clamor, and declared it to be the intention of the government that after an early date the importation of certain cotton fabrics should temporarily cease. The debate which took place a few days ago in the Chambers showed that France was not op- posed to the principles of free trade or to the Anglo-French commercial treaties. The de- bate of Monday is still more convincing and satisfactory, It annuls the Emperor's edict and decrees the temporary admission not only of cotton but of iron fabrics, This is a triumph to free trade, a triumph to the Emperor, who, on his own account, went in in the name of France ten years ago for free trade, and a triumph to M. Ollivier, who has all through been a consistent free trade advocate. Tas WesteRn Union Stoox SPECULATION.— The holders of Western Union stock are circu- lating a story that a Congressional ring has been formed which is to remunerate the com- pany for its wires, poles, &c., by cancelling Western Union stock at seventy-five cents on the dollar as an offset to the interposition of the government telegraph. The price of the stock has risen to 37 as against 33 a few weeks since. The public should be on their guard against the strategy of the Wall street specu- lators who are manipulating this matter. If the fact were true would the company be 80 anxious to post the street? No. The mo- nopolists see the handwriting on the wall and are only anxious to retire in good order, Hence the manufacture of a market on which to sell the stock, preparatory to dissolution before the postal telegraph of the govern- ment. THE WESTCHESTER TAX WAR Important Opinion of Judge Tappen—Illegal Laws and Fraudulent Execution, In the sult of Patrick H. Hanton vs. The Board of Supervisors of Westchester county and otters, to restrain the further laying out of streets and ave- nues in the town of West Farms, the following is an abstract of the opinion given yesterday by Justice Tappen, in tho Supreme Court of the Second dis- trict. ‘The plaintiff brings this action as an owner of land on Madison avenue, tn the town of West Farms, and seeks an injunction restraining the collection of @ tax amounting to $37,160, and that the commis- sionerg named in this act of 1869, authorizing the laying out of Madison avenue as a highway be per- petually restrained, &c. The plaintiff alleges as grounds of action, among others, that he is an owner of lands on Madison avenue, that on the 11th day of May, 1869, tue act in question was passed; that the Commissioners named in the act proceeded to act under the same, and ile- gally agreed to pay some owners of land to be taken for the avenue as damages therefor the sum of $3,500; that no compensation has been paid to the plaintitf, nor nas compensation to any person been ascertained by a jury, or by commissioners appointed by a court of record; and for special damage the plaintiff avers that the Commissioners named in the act and those with whom they have, contracted are proceeding to work and grade ue avenue, to cut down and through embankments and to filllow ground, and at the entrance to the avenue at Morris stfeet have biasted through thir- teen feet of rock, preventing plaintiff from naving access to his property; that great injury is caused to the plaints property by utting off all ingress and egress, by flooding with water, destroying shade trees, fences, &c., and that therevy a public nuisance is created, specially in- Jjurious to the plaintiff; that the Commissioners have prepared an estimate in writing of work to be done, as follows:—Right of way, $3,500; grading, $25,000; dry wasonry, $7,500; counsel te $160; surveyor's fees, $1,000, making a total of $37,150, and have asked that the same ve incorporated in the tax levy of the town of West Farms as a town charge, and tha? the Supervisor did present a resolution accord- ingly to the Board of Supervisors and caused the game to be passed. In addition to tie above, many other allegations are made by the plaintiff, all tending towards the object indicated by the foregoing, principal aihong them being that the necessity for opening Madison avenue has not been determined by a jury of free- holders, and the damages or compensation to be awarded has not been determined in the manner re- quired by the consutution. The answer of the Commissioners sets forth that they aave proceeded to lay out and work the avenue pursuant to the proyistons of the act, and have already done work thefeon to the amount of $16,000; taat they have by virtue of the authority of sald act presented an estimate to the Supervisor, and have asked for the sum of $37,150 tor the purposes of said road, and that at the request of said Supervisor the Board of Supervisors did pass a resolution author- izing the raising of that amount and directing that the same be incorporated in the annual warrant for the year 1869, in the town of West Farms; that they have entered into an agreement with one of the owners of land on Madison avenue by which a right of way has been acquired and the owner’s claim for dainages, mutually agreed upon, is $3,000, After alluding to many other facts set forth in the papers on either side, the-Court named the salient points of the case in the following order:—First, as vo the standing of the plaintiff and those joined with him 1n maintaining this action; secoud, as to the power of the Commissioners under the act; third, ds to the constitutionulity of the act. To enabie the laintif® to maintain this action and enjoin the col- lection of the tax, he must bring his case within some one of the acknowledged heads of equity Jurisdiction, which are held to be as follows (i¢ New York, 041; Heywood vs. City of BufTalo):— irst—When the proceedings of the subordinate ribunal will necessarily lead to @ multiplicity of actions. Second—Where they In their execu- tion to the commission of irreparable injury to the freehold. Third—Where the claim of the adverse arty to the land bought at tax sale 18 vald upon he ace of the instrument or the proceedings ought to be set aside, and extrinsic facts are necessary to be proven to establish invalidity or illegality, ‘The plaintiff avers muitiplicity of actions; but that does not appear as a fact. ‘The piainuft also shows that it does not appear on the face of the proceedings of the Board of Super- visors that the tax is iliegal. Numerous cases are referred to 1n which the courts reiuse to restrain the collection of @ tax, and among the reasons given therelor it 1s said “thatthe usual and undoubted remedy by certiorari 1s always open to every party conceiving bimself aggrieved.” That writ brings up the proceedings of the inferior body for review, and judgment passes directly upon their proceedings. inasmuch as the certiorari to review the procecd- ings of the Madison avenue Commissioners has been superseded by another tribunal it would seem thas the plaintut herein must bave ap injunciton or be without any remedy. The powers of the Commissioners under the Madi- son avenue act may be briefly considered. They are appoimted Commisstoners to lay out Madison ave- nue; they shall proceed and commissioners of esti- mate and assessment shall be appointed in the man- ner provided by the Fairmount avenue act, and thas act provides ‘for an appiicauon to the County Judge for the appointment of three commissioners wo award damages pursuant to existing laws upon the subject of laying out oh ele bd Jt 18 quite clear, therefore, that the requisition of the Comuussioners for the sum of $37,160 was premature, and was Wholly without authority at tne time it was pre- sented to, and the resolutions passed by, the Boara of Supervisors. The Supervisors therefore had no authority to direct the mofey to be raisea, and their action on the subject is not simply ilegal, it 1s wholly void. From the facts and the law I am, therefore, brought to the conclusion that the piaintiu? makes out an apparent case for equitable relief; that such relief in the present aspect of the case can only be had by restraining the collection of the Madison avenue tax; that no public inconvenience will result therefrom,” as it is one specific item in no way involving or connected with tue other items in the tax warrant held by the Receiver of ‘Taxes, and that the collector of such other items need not be delayed except for the brief time required to com- pute the rate of tax less the rejected Madison avenue item. The Supervisor having delivered the tax war- rant to the Receiver of Taxes before service of the injunction, the motjon to continue the injunction to pim is denied with ten doliars om and as all the other defendants, the motton io continye the ee Granted With ten dollars cosis tq abide PRINCE ARTHUR. Down Broadway. Reception at Delmonico’s Last Night. Tho Prince rose a8 -usual yesterday morning, hay- ing enjoyed @ necessary repose from his physical exhaustion attendant upon his late nours and tire- gome ctvilities to friendly callers, Afver partaking of the royal cutsine of the Brevoort in his handsome private dining room, he called for the HERALD, with: which he held intimate companionabip until he baa read all the news of the day. Callers began to pour in on the Prince at an early hour, and the following gentlemen paid their respects:—Johannes Rosing, Consul General North German Confederation; Rear Admiral Strigham, United Staves Navy; Captain 4, B Craighton, United States Navy; Master F. A- Crocker, United States Navy; Mr. W. B. Astor, La- fayette place; Captain Ward, Royal Navy; Major Grantly Norton, Royal susileers; Louis Von Hodmao, W. Huyse and others. Enterprising artists now sought the princely presence for the purpose of photographing his Royal Aighness, but Prince Arthur was not desirous of the honor, nor did Colonel Elphinstone approve of the project. Several others cailed upon various visits, looking in the end to the almighty dollar, but it was determined that the Prince was not mer- chandise; but the interviewers were tenacious aud believed in the investment. They left with more wisdom but oo brighter pecuniary prospects. But of ali the funny demonstrations that occurrea during the day the funniest by long odds was the serious visit of a delegation of the New York Sons of ‘Temperance. These enthusiastic children wanted the Prince to give up the flavors of royal port, the delicate bouquets of /iqueurs and the sparkling soul of champagne. It wus strange that they did not know that a prince would sooner mortgage his owa soul than to jeopardize the delicious sweets of tavit- ing wines. ‘Them mission was temperance; but where there was no malady there was needed nocure. The children departed with much good grace. At balf-past ten the Prince, attended by Colonel . Eiphinstone and Lieutenant Fitzroy, left the hotel and went out for @ brief tramp on Broadway. Of course the appearance of the Prince as such ap our attracted much attention all slong the line of the street; clerks rushed to the show win- dows, bookkeepers in undress uniform, with dilapi- dated quills and in some cases with el pen- hoiders projecting horizontally from their ears; ter- chants clutching copies of the morning papers, shop- ping ladies, salesmen and saleswomen, pedestrians, comprising ladies, business men, who have casy hours, bound down town; men, boys and vagrants; travellers in the sti and the aristocratic occu- Pants ol coupes and clarences, all dashed hungry party who still walked on lances at the Fuhout suifering any ill, They ik Observe- marvel. tions of the stores, wondered at the lous architecture and splendor of the buildings, admired the new Court House, Without being aware of ita cost, and passed the moss natural comments in the world upon the general ap) nce of the street. At Stewéft’s the Prince and the mercantile magnate enjoyed a brief téled te, and there the party made an angle toward tne the Astor Library after leaving Broadway. Here the Prince remained a short time, hnovige, survey of its one bundred thousand: volumes, A call was made upon Mr. and Mrs. Thornton at the Westminster, and re phay, sought the Grovoort and settled down to a lune! Another walk followed after refreshments, and the Prince again viewed the beauties of the Park, finding his way among the rambles, on tne Mall, down the Terrace, over the Common and through its viaducts and arches. In the afternoon ali of the suite settled down to work. The English maiis which leave to-day were the incentive. ‘They wrote steadily, and doubtless Victoria will “receive an important despatch dated on vbe 1st day or Febru- ary. ‘fhe Prince kept his quarters till a few minutes before six o’clock, When he drove to the residence of Mr. L. P. Morton, ot the firm of Morton, Buss & Co., where he sat down to an elegant repast erga of tue choicest visuds that could be pro- cw 5 Honors to Royalty. THE RECEPTION TO THE PRINCE AT DELMONICO's, The famous six hundred of Balaklava have been eclipsed by the now immortal thirty-six of Manbat- tan. ‘Three dozen of our metropolitan magnates captured a live prince last night, brought him itn triumph to Fortress Delmonico, and for some hours subjected bim to a bombardment of admiring eyes, an entire battery of compliments, a terpsichorean platoon and a cross fire of .nterna- tional music and international assurances uf esteem and good will. ‘fhe youthful scion of royalty stood the test bravely, however, and came out unscathed save those unseen wounds which tne winged names 5 wa to posterity in this rashes John A. Dix, Charles H. Russell, William M, Eyarts, M. H. Grinnell, Moses Hor, L. P. Morton, W. H. Aspinwall, J.J. Astor, M. 0, Rol caro Ciscb, isaac Bell, August Belmont, W. B. Duncan, A. T. Stewart, Royal Puelps, Clarence A. Seward, Den- ning Duer, John Seward, James H. Banker, Samuel Blatchford, E. W. Stoughton, R. L. Cutting, H. Ss Fearing, A. Grace King, L. Von Hoffman, Samuei G. Ward, ‘Goldsborough Banyer, B. R, Stuyvesant, A. Islin, Gould H. Redmond, G. G. Howland, Joseph T. Stone, J. G. Hecksher, 5. L. M. Barlow, George 8. Bowdoin. It was @ comparatively quiet, enjoyable and to a great extent informal affair, and entirely free from snobbishness or absurd tation of court eti- quette. The prince of caterers surpassed himself on the occasion. The handsome ball, dining and Teception rooms on the second floor were decorated with extreme taste. Flowers of the - rarest kind were distributed artistically, and constituted the s0!e ornaments of the rooms set aside for the reception. No fags or bunting were to be seen, only those exquisite specimens of nature’s hand work. In the baliroom the orchestra was com- pletely hidden by evergreens and exotics, and the large mirrors were encircied by trailing branches of the same, The supper table was a8 cher @euvre of culinary art. The arms of America and England and various guaint and beaatiful de- vices, with a temple of liberty, attested the skill of the confectioner. The service was the same thas was made Co peege for the Prince of Wales during his Jast visit here and his coat of arms with the motto, Ich dten, appeared on each plece. ‘The Prince arrived at eleven o'clock, naving come direct from , Mr. Morton’s instead of vision ing the Tnéat Frangais as was expected. Bernstein’s band announced his arrival by playing the English national anthem, and there was in- stantly a buzz of expectant pleasure among the brithant throng. At this time there were over 360 bcdeatr) each of the famous thirty-six ae been furnished with ten tickets for themselves and friends. ‘There was no delay in the festivities, but as the orchestra pealed forth In a dashing galop his Royal Highness took the arm of Mrs. Cushing, of Boston, tne niece ot Mr. Moses H. Grinnell, and whirled her away in the mazes of the inspiring dan: terpsichorean experience was with Mrs. Morton, nis tair hostess of the afternoon. This lady was elegantly attired in a garnet colored dross, en- veloped in &@ mist of white with powdered hair and flashing diamonds, Among the other ladies and gentlemen present ‘we noticed Mrs. Deputy Collector Wiliams in @ lav- ender robe and magnificent diamonds; Mrs. Parran Stevens, in a dress of the same color, with a cloud of spotted lace and powdered hair; Mrs. Reuben Ross, Mr, and Mrs, W. T. Evarts, Mr. and Mra. Gracie King, Judge Hilton and lady, Mr. Babcock, Clarence A. Seward, Mrs. Judge Blatchiord, F. G. Gedney and lady, Colonel Frank E, Howe and lady, Isaac Beil, Mr. Vail and lady, Dr. and Mrs. R. Ogden Doremus, Mrs, Iselin, Mr. aud Mrs. Ludiew, D. D. Field and Mr. and Mrs, Van Hoffman. oe ‘The Reception Committee consisted of Messts. Wi Butier Duncan, Moses H. Grinnell and John A. Dix. The courtly and polished Charles Delmonico was ubiquitous and untiring in his vigilance to see that everything was en rege, and Bern- stein’s two hands left Shothing’ to be desired io the musical line. The floral decorations of Messrs. Buchandn & Wilson excited genera! admi- ration, and the recepuon may be termed an un- qualitied success. New York may pride herself with having paid a compliment to her distinguishes visitor im which there was nothing of snobbishness or shoddy vulgarity, seemed to appreciate the faci to the fullest extent, There were no after supper speeches, bus informal general enjoyment, Whue we are writing all present seem to be engaged tn the light fantastic, and che strains of waltz, gaiop, polka and quadrille are borne out on the miduight air, while the bril- handy lighted rooms become dazzling im the radiance o1 costly jewels aud flashing eyes. Shortly before oie o'clock the Prince escorted Mrs. Alexander 'f. Stewart to supper, and when the first Of the sma’ wee hours had tolled the splendidly ar~ ranged tavie had a sviect circle seated around it. DISASTROUS KEROSENE FIRE. Destruction of the Kisigsland Oil Works ae GreenpoinOne Man Herribly Burned— Narrow Escape of Others. At a late hour last night a fire broke out in the Kingsland Oil Works, situated on Newtown creek, near Greenpotnt avenue, Greenpoint. and ® large amount of prop- erty was’ consumed. The fire raged until near midnight, ana when overcome no proper esti. mate of the loss could be ascertained. The works were owned by Fleming & Mills. Michael Casey, employed on the premises, was horribly burned, and several otaers narrowly oa enped.