The New York Herald Newspaper, June 3, 1870, Page 4

4 CONGRESS. The Franking Privilege Bill Shelved by the Senate. Autmated Debate on the Bill Re- ducing Taxation, Persistent Eifort to Repeal the Income Tax. SENATE. WASHINGTON, June 2, 1870. THE INTERNATIONAL PACIFIC RAILROAD. Mr. FLANAGAN, (rep.) of Texas, introduced @ bill to encourage the construction of the International Pacific Railroad, Referred. Mr. Flanagan’s bill declares the International Rall- road of Texas a post route, and authorizes, with the consent of Mexico, the erection of a bridge across the Rio Grande, * THE CHEROKER INDIAN TREATY, Mr. HaRLan, (rep.) of Iowa, presented a letter from the Secretary of the Interior, suggesting amendments to a treaty with the Cherokee Indians, Ordered to be printed. RESOLUTIONS. Mr. Ket1oaa, (rep.) of La., introduced a joint reso- luton relating to the clalms of certain Northern creditors. Referred. Mr. Kellogg's joint resolution avthorizes the Sec- re of the Treasury io appoint a commission of three persons to hear aud determine the claims of various parties to the sum of $219,000, seized from the Confederate receivers in New Orleans for the benefit of Northern creditors, whose debts had been bh aied, It was referred to the Committee on Dlaims, Mr. Harris, (rep.) of La., offered a resolution instructing the Committee on Commerce to inquire into the best means and cost of rebuilding levees on the Mississippi which were destroyed during the ‘war, and to report by bill or otherwise. Adopted, THE SEA ISLANDS OF SOUTH CAROLINA. ‘The last three minutes of the morning hour were occupied by Mr. SAWYSR, (rep.) of S. C., In an appeal to the Senate to take up the ball for the sale of the Jands on the sea islands of Beaufort county, 8. C. ‘The bull was to secure thelr homes to 5,000 people, now subject to all manner of litigation in conse- quence of the inaction of Congress In the matter. THE FRANKING PRIVILEGE, ‘The morning hour expiring, the Caarm announced the Franking bill before the Senate as unfinished business. A motion by Mr. Pomeroy, (rep.) of Kan., to place it at the foot of the calendar of special orders was re- jected—yeas 25, nays 31. The question belug upon Mr. Drake's amendment to continue the existing provisions of the law author: izing newspaper exchanges to be sent free, and the iree circulation of country newspapers within the coanty of their publication. Mr. DRAKE, (rep.) of Mo., advocated his proposi- tion 1n the interest of the country papers as agalast the great dailies. Mr. HARLAN thought the public interest would be better subseryed by giving to the Indian Appropria- tion bill the ime now proposed to be consumed by the Franking bill, for which there wag not the same necessity for Immediate action. Besides, every one Knew the Franking bill would pass, Mr. CONKLING, (rep.) Of N. Y., would like to he as- sured by the Senator that he (Mr. Harlan) Knew, as @ fact, that the bill was to pass, Mr. HARLAN would not say that he knew it e would know the result of a mathematical depron: stration, but ouly from the expressions of the Sena- tors around the Chamber, A number of Senators had expressed themselves in favor of the bill. Mr. RAMSEY, (rep.) of Minn.—By their votes? Mr. HaRLAN—By théir speecnes. Mr. SUMNER, Taree ass., also desired further time before the bill was acted upon, In order to ad- dress (he Senate upon his proposed substitute for the bill. He was unwiliing to see the franking system cut down without a saitable equivalent. Mr. RaMSKY thonght the apprehension of the New York 7rivune that the bill was m danger from its friends in the body was verified in the case of the Senator from Massachusetts (Mr. Suniner) That Senator had introduced his substiiute six weeks 260, and yet was not prepared to go on with the iL. Mr. Hows, (rep.) of Wis., thought It manifest that the bill had not irtends enough in the Senate to hurt anything. (Laughter.) Mr. KAMSEY proceeded to urge the necessity of disposing of the subject at once. . POMEROY moved that the bill be passed over. Mr. HAMLIN appealed to the Senate to make tie Vote a test guests, 80 as to prevent a repetition of the same dilatory proceedings, which he considered trifling and disgraceful. ‘The Clerk proceeded to call the roll, Mr Willey and others desiring the vote tobe atest upon the bil, and Messrs Sumner and Howard protesting against any such und ‘rstanding. Mr. POMEROY’s motlon Was then agreed to, and the bill was laid aside—yeas 33; nays 20. THE JAPANESE MISSION. Mr. STEWAnt, (rep.) Of Nev., offered a resolution instructing the Committee on Foreign Relations to inquire into the propriety of raising the rank of the United States representative at Japan from Minister Resident to Minister Plenipotentiary and Envoy E. traordinary. Adopted. THE INDIAN APPROPRIATION BILL. At two o'clock ifie Tndlan Appropriation blll was taken up, and Mr. MORKILL, (rep.) of Me., chairman of the Committee on Appropriations, made a state- ment upon Indian affairs to show the cost to the civil and militery service on the frontiers, He said that to-day nearly two-thirds of the entire muittary force of the country were engaged in what might properiy be termed a grand Indian hunt after vagabond tribes of Indians, for such was the charac- ter of the service known to the country as an Indian war. The cost of he government of cach enlisted man on ihe plains was one thousand dollars per annum, and the aggregate cost of the civil and mill- tary service on the plains during tlic last four years ‘Was seventy-eight millions nine hundred thousand dojlars. During the last seven years the army alone, on the frontier, had cost one hundred and forty miliions, while the entire cost of the Indian civil ser vice, in connection with treaty stipulations, was for the same time leas than twenty-three ml! The entire Indian population on’ our Western borders 5 estimated at about three hundred thousand, and although we hud treaty stipulavions with two hun- dred and fitty thonsand of that wumber, we had de- nied to the Indians any rights of person or property. Jn practice, we had followed the precepts of the eatiy discoverers, that the Indians had no rights which & White man was bound to respect. Whule exercising the right of the “conqueror” we had excluded the Indian from Christian influences and from civilized commanities, driven him over the mountains, and were now lemming bim tu apon the plwins. His lands were being vuthiessly invaded by whhe setilers, and murder and outrage com- mitted upon hun without provocation. It was high time for the natlon to. determine whether the dndians should now be placed where they may haye the. pr on of the laws, or whether the present policy of extermination should be continued ‘with its attendant expeuditure of from twenty to twenty-five miliions annually. Mr. Morrill went on to show that aggresston upon the Indians and the disregard by whites of treaty s(ipulations had been the real cause,of various Indian wars, The commission to investigate the causes of the In- dian war of 1804-05, which cost some $40,000,090, e ressly exculpated the Indians from blame, | He al- juded to the Chyington maasacre, bul thought it uu- nevessary to go into detail upon a matter so favuliar to the country. The only defence of the campaign in that country had been an apology from the corn- mauding general on the ground that he had been misied by spies and false imformation, He characterized the Piegan massacre as a cold- biooded murder of innocent men, women and chil- Gren. He did not prepose to arraigo General Sherl- dan persunally, but to dendunce the system and acts ef which that general was.a willinginstrument. He doubted witether in the history of wartare, civilized or savage, any act could be found sv absolutely de- fenceless as was that. General Sheridan’s own statement showed that aggressions were first com- menced on the Piegan Indians by rowdy whites, ao old man and boy of the tribe he- ing murdered in cold blood. These In- dians becoming naturally restive the Lieutenant General proposed to strike thein a hard blow, and massacre that followed showed what @ hard blow he did strike, Alter comment upon similar instances of Indian warfare, as illustrating the liate whiett seemed to mark the policy of the governimentin dealing with the Indians, he expressed the hope that he had said enough to induce the Senate to vote tne necessary appropriations for curry’ out treaty supulations, aud thereby redeem th pie faith of tné government. Our Indian dim- culties siice 188 were, he thought, fairly atuributa- bie to the fatinre of Congress to vo'e the appropria= tions necessitated by the Indian treaties. Mr. STEWART, (rep.) of Nev., said to acknowledge Indian supremacy over vast tracts of country, through the medium of treaties, would resuit only ands in the murder ot settlers who occupied th upon our invitation. He defended th ters @ ploneer set- from the charge of aggrersion vpon the Indians. ‘They were, as a cule, law: abiding honest. No 4 wrongs had been inflicted upon the Indian, but the whites ‘were not alwaysto blame. If the Senator (Mr. Mor- rill) had seen’ by the roadside, as he had, hundreds of mutilated “bodies of white men, murderea by savages, he might realize that there © two Eides to the question. The philanibr of the Fast, in his anxiety for the red men, bad no sympathy for his own race. The India siart out in the spring, and plander and myya¢f, and then make treaties until U samme. 1s ver, ‘when they go back to murderiig anc Flanae 1 Asaruie they violate treaties wich impunity. He ‘would teach them their trave} over Oi hi of oe! Co ype of the Unt id murgert! ‘whoever they q . their Tighte (adi was not bad whites who wel urd fout innocent men, women and cl remedy was to put them on small reservations, : ug guarded, and support NEW YORK HERALD, FRIDAY, JUNE 38, 1870.—TRIPLN SHRM them at ten fiér odiit of the present cost to the gov- ernment. government might almost provide oor toon in the =e ts Fifth, srenne, of New York, less expense than they now ‘The bil was then paiy? read, when, at twenty- three minutes past four, the Senate went into execu- tive seasion. At half-past four a@ recess was taken Until half-past seven, HOUSE OF REPRESENTATIVZ3- WASHINGTON, June 2, 1870, THE LIQUOR AND TOBACCO TAXES, Mr. Scuumaker, (den) of N. ¥., presented peti- tions of 100 brewers of the State of New York for the repeal of the law classifying brewers of malt 1iquors as dealers in spirituous liquors; and of 200 tobacco manufacvurers of Brooklyn for a uniform tax of sixteen,cents per pound on all manutacturea tobacco and snuff, CANNON FOR THE POUGHKEEPSIE MONUMENT. Mr. Kercuam, (rep.) of N. Y., by unanimous con- sent, introduced @ joit resolution authorizing the Secretary of War to deliver to the municipal authort- ties of Pougukeepale, N. Y., three condemned iron cannon, two condemned brass cannon and 200 round shot, to be used in the erection of a soldiers’ mona- ment at that place. Passed, BILLS REPORTED. Mr. Manous, (rep) of Pa., from the Judictary Com- mittee, reported a bill annexing certain counties to the jurisdiction of the Western Judicial district of Pennsylvania, Passed, Mr. LOGAN, (rep,) of IL, from the Committee on Military Affairs, reported a bill authorizing the set- tlement of the accounts of Joseph G. McNutt, late Captain and Assistant Quartermaster. Passed, Mr, HOOPER, (rep.) of Mass., from the Committee on Ways and Means, asked leave to report a bill for the appointment of an Assistant Treasurer of thi United States at Balumore. Mr. FARNSWORTH objected, Mr. Pang, (rep.) of Wis., chatrman of the Com- mitiee on Elections, reported a ul to pay to Caleb 8. Hunt $2,009, to J. H. Sypher $4,090, to Louis St. Martin $4,000, to George W. McCrance $3,000, to Frank Morey $3,000, and to Michael Ryan $3,500, for Ume spent and expenses incurred in proseouting thelr respective claiins to seats in the House from the State of Louisiana. Tne resolution was adopted—yeas 77, nays 67. Mr. PAINE also reported the bill reguiating the compensation in cases of contested élections, It provides that in contested election cases no money shali be paid a8 mileage or compensation to either the sitting member or contestant until the case is determined, when the mileage and compensation shill be paid to the person only to whom the seat shall be dally accorded. The second section provides that the person against whom the adverse decision 1s made is to re- ceive Only the amount actually and necessarily ex- pended in prosecuting or defending his rights. Mr. BuRR, (dem,) of LL, moved to strike out the first section, on the ground that all persons ay, holding seats are in all respects equal and entit to the same righis. This deprivation of mileage Of members Whose seats ate contested was ap improper diserimination, and might in many in- stances be a great hardship. Mr. WiLLakp, (rep.) of Vt., argued that an unsuc- cessiul contestant should receive no compensation, but take just the risk that he would take if he was a litigant in a court of justice. Mr. STEVENSON, (rep.) of Ohio, Moved an amend. ment to allow the sitting member the mileage and compensation during the pending of the contest. In other words, he would pat the sitting member on half pay, aud if he was unsuccessful he would let the contestant receive the other half, Mr. Keer, (dem.) of Ind., opposed the dill. He id not think “it competeut for Congress to pass a law to duuinish the Coustitutfonal prerogatives of the House, The sole and undivided contro) of contest- ed election cases belonged to the House, and it could not be shared with the Senate. Mr. Dawes, (rep.) of Mass., stated that the amount paid in twelve years up to the beginning of this Congress, to meu whom the House had decided to have no just Claim, was $173,595, and to that sum the’ present Congress had added $50,000, He submitted that that was an evil. During’ the twelve years up to the beginning of this Congress, there had been sixty-five contested elections in the House, and only sixty-three in all the years that went before, In this Congress there had been thirty more, making pinety-five contests in 1ourtecn years, and sixty-three only in the filty preceding years. This very day nineteen thousand five hundred dollars nad becn voted to men who had been decided to have no right to a dollar because they had no right to seats. REDUCING TAXATION. While Mr. Dawes was speaking the morning hour expired, and the House, at half-past twelve o’clock, resumed the consideration of the bill to re- duce internal taxes, the question being on the sec- tions relating te tne income tax, Mr. MCCRARY, (rep.) of Iowa, opposed the aboll- tion of the income tax because that tax was the only mode by which a jarge portion of the wealth of the country Was made to contribute to the national rev- enue. Mr. O'NEILL, (rep.) of Pa., declared himself for the absolute repeal oi the income tax, He was not for any modification of it, eltaer as to rate or amount of exemption, but he was for tis total abolition, The government had exhibited to the world its periect ability to pay the national debt, and hence it was time to remove odious and obnoxious taxes, He believed that the country was satistied to cancel the nattonal debt at the rate of $50,000,000 a year tnstead of $100,009,000 a year, Mr. Wrtson, dem.) of Minn., opposed the aboli- tion of the income tax. The pending bill proposed & reduction of taxes by thirty-four williou dotlars, but if the income tax’ were aboliohed an attempt would be made to prevent the reduction of taxation on othet matters, How could members go home and say Uiat they had abolished taxation on the rich and kept it up on the poor? The income tax was the fatrest of all taxes, because it fell on the rich, not on the poor, Mr. TOWNSEND, (rep.) of Pa., declared that the clamor for the abolition of the income tax was a local and a fictitious one, gotten up in the interest of men of large fortune. 1t did not find any response ationg the people, but was confined to compara- tively few individuals, He favored the raising of the exemption to $2,000, 80 as to relieve men of moderate means. In his own district the Income tax was paid now by 1,368 persons, but with the raising of the ex- emption to $2,000 that number would be reduced to 300; and yet that 200 would pay four-fifths of the present amount collected and would make no com- plaint about it. He also favored the reduction of the rate to three per cent. Mr. JubD, (rep.) of Iil., offered amendments con- fining tue tax to invested capital and excluding protits and incomes, Mr. HILL, (rep.) of N. J., favored the abolition of the income tax. If 1t was to be continued he wanted the rate to be reduced to three per cent and the exemption raised to twenty-five hundred doli Mr. KeLLoga, (rep.) of Conn., characterized the income tax as an odious and unpopular tax. It was imposed at a time of national necessity, and after the war was over a suiemn pledge was given to the country that it should be Contmued until 1870 and no longer. He would, therefore, oppose its longer continuance, and if it were not to be abolished he would favor a reduction of the rate and an increase oi exemptions Mr. Nipiack, (dem.) of Ind., said he had always favored making the invested capital of the country pay its falr contribution to the revenae, but he was not in javor of taxiug incomes and profits. Ifthe question presented itself as a whole, whether the income tax should be retained or stricken out alto- gether he would vote to strike it out altogether. It Was au iiritating and provoking tax and revenue enough could be collected withoutit. It was a very plausible thing to say that the income tax aifected rich men only, but the fact was that the tucome tax business of the country and finally large. @., moved to increase the exemption to 32,000, and reminded the House that since 1866 the inte revenne had been reduced from $310,' 00,000 to $16,090,009. So he was in favor of reducing tie inconic tax by raising the exemption, ‘This would take out tue siiail professional men and clerks, and jeave the tax to be paid by those who were above the reach Ot pimcu or necessity. Mr, Warp (rep.) ot N. Y., Said he had refrained from interfering litherto with the recommendations of the Committee on Ways and Means. It seemed to lim that the opposition to the continuance of the incoure tax sprang from a very smal! special interest. Special interests got hold of the newspapers, pur- sued members tuto thelr committee rooms and to their homes, And special interests were very aptto be regarded in forgetfulness of the interest oi the great masses of the people. If they abolished the tucome tax they abolished the oniy tax that reached personal property or that reached the income of the bondholders, Mr. Mymrs, (rep.) of Pa., advocated the abolition of the tax, saying that the public sentiment in Phila- fell upon the Mr, HALE, (ve).) delphia was unanimous for ts abolition. Ii tt could not be abolished he favored the reduction of the rate and the increase of the ex- emption. In reply to the remark of his colleague (Mr. Townsend) that tis cry did not reach the cvuntry, he satd that the farmers did not pay an ticome tax; it was paid by men living in the large cities, the city of Philadel- pla paying more than several States bok together. ‘Mr. FINKELNBURG, (rep) Of Pa., moved to limit the allowance for house rent to $800, and argued that that would be in proportion to the money exemp- tion, While he favored @ modification of the mcome tax he was opposed to its total abolition, and he be- lieved that that was the sentiment of the people of St. Louls, which city he in part represented. Mr. Woop, (dem.) of N. Y., said that in his judg- ment the people demanded a reduction of taxation, and it was for Congress to determine whether the income tax was not one of those that should be abolished. He believed that 10 was unjust, unequal and unconstitutional, the constitution requiring taxation to be collected in proportion to population, The State of New York now paid thirty per cent of the income tax, while its population was only one twelfth of the entire population of the couniry. The largest taxpayer in the United States was A. Ty. Stewart. He had patd tax an an income of one million of dollars ina year into the Treasury; put it was not he who actuaily paid tt, It was te peo- pl@- Who purehased goods from him. He was but he agent of the people and charged that tax upon them in Lo) in Of his goods. Mr, ALLISON, (rep.) of Lowa, argued that according to the argument of Mr. Wood, the people of the Western States, while not paying 60 much tnoome tax directly as the people of the Rastern States, paid bi at tax judirectly, just as Mr. Stewarvs customers aii fis income ax in the additional price of his ba He was eae toextend the pega Aa to WO thousand doiliPs Ma they retain the Ieomes, Whether from Dees don Hepay or from accumulated capiial. Mr. SARGENT, (rep.) of Cal, remarked (bat there Was not one chance in twenty that the Tariff bill Would pass Congress this ion, and it was doubt+ ss A besides, wether, that bill made a reduetion. He belleved, therefore, that the pending bil! waa the oni; onpgrcuntty members would have to redocia their pi to reduce taxation, He would there- fore favor the abolition of the Income tax, and if tt could not be abolished he would favor its reuction. He believed that if the tax were honestly collected tt ly sd fapfew sere bay off the national debt. Mr. ‘eR, (dem,) of N. Y., agreed with the argument yesterday of heague (Mr. Davis) that the Hi AY, sgionpea Pintd ux, or an; 80 odtous, £0 oppressive, so demoraliz> ing, could be for the public good, no matter what amount of revenue was collected under it, No one on his side of the House objected to the taxation of capital—such a tax was sone collected—but the evil of this law was its demoralizing ¢ ter, and that it offered a reward to fraud and falsehood, posed a burden on hogeey and fair dealing. Mr. Davis (rep.) of N. ¥., concluded his argument of yesterday against the income tax. He opposed it for its injustice and inequality. It allowed. exemp- tions to accumulated wealth. I¢ exempted seven- tenths of the accumulated wealth, The tax fell, ina great degree, ou labor struggitng for its position. © exemption of accumulated wealth in the one case imposed iu the other case nothing less than confiscation, Mr. SCHENCK, (rep.) of Onto, asked Mr. Davis what he meant by exemption of accumulated wealth ¢ Mr, Davis explained that if aman had $30,000 of accumulated wealth invested in bonds and mort- gages, yiela.ng him a net income of five per cent ever and above his ordinary taxation, that was and by this law that $1,500 was exempt. ITCH, (rep,) of Nev., argued that the taxation be reduced ninety million dollars, and that no reduction would be so popular or so fatr as the abolition of the income tax. Mr. FARNSWORTH, (rep.) Of lil., favored the con- tintance of the tax and the increase of exemption to $2,000, As to the objection that the tax should be on capital, he said that business was capital, brains were capital, professions were capital. As to the objection that the tax was inquisitorial, he argued that it Was no more inquisitorial than other taxes, and that argument was inconsistent with the other argument that so many evaded the payment of their income tax. Mr. BANKS, (rep.) of Mass., said that as far as he could judge ot the temper of the people he repre- rented it Would discreait the government. He was Opposed to it in all forms, and would vote against it as a tax which ought not to be revived, It was un- equal and unjust, The bulk of it was collected on wages, on salary, and represented the productive energy of the country. If revived it would produce great discontent and would be evaded or resisted as an unconstitutional tax. Mr, INGERSOLL, (rep.) of pln said after listening yesterday to the debate on the match tax, and after listening to-day to the debate on the income tax, he was lea to exclaim, ‘Consistency, thou art a jewel!” ‘The same members who a} tenes against forage the match tax, which brought $1,000,000 into the treasury, were to-day arguing in favor of abolishing the income tax, which produced $25,000,000 a year. When they went home and told ‘hat to the people he expected that the people would hurrah for them and re-elect them unanimously. (Laughter.) As to the income tax being inquisitorial, he asked whether it was half so inquisitorial as the tari? law, under which men and women were searched inside and outside, (Laughter.) He favored, therefore, the continuance of the income tax with an increase of exemption to $2,000, Mr. Pommroy, (rep.) of Iowa, argued in favor of the continuance of the tax a8 admittediy fair and eyuitadle in theory. If so, 1t should be continued and enforced, He denied that the people asked for its repeal. Were the people of the cttles ees for its repeal? Were the factory operatives asking for itY Were the people on the frontiers asking fori? No, It was the wealthy people of the cities Pegs a rich metropoutan journals that were asking for it, Mr. ARCHER, (dem.) of Md., argued against the tax as upbequal in its 0 erations, taxing the widow wio had an income of three hundred dollars from invest- ments in bank stock, while men with incomes of ten thousand dollars escaped taxation. Its evils were so avominable and annoying that the people woulu be almost justified im forcible resistance to it. But he had little hope of seemg it abolished while the republican party remained in power. r. ATWooD favored the continuance of the tax with a reduction of the rate to three per cent and an Increase of the exemption to $2,000. He thought it should be levied earlier tn the year after the balanc- ing of the year’s accounts of business men. The in- come tax Was a tax upon wealth, and, therefore, was the fatrest tax that could be tmposed. There was no pretence that tts repeal would be of any advan- tage to the poorer classes, ir. KELLEY, (rep.) of Pa., favored the pepesl of the income tax, Which, he argued, was added up tn the cost of business and charged inst the people at large, and ene paid by the whole people. lt was @ tax upon tntellect, It employea a large number of officials to assess and collect it. The exe emptions were unequal. He favored the continu- ance of taxation on malt Uquors, tobacco, stamps and amusements. i Mr. BENTOS, (rep.) Of,N. H., argued in favor of the retention of the tax. The people believed it neces- sary. It was amore just and equitable tax than any imposed in the whole catalogue of internal taxation. The way to lift the burden from the shoulders of the people was to pay off the national debt as soon as poss.ble, for with that debt hanging over the nation it wasin no condition to resist insult or to protect lig honor and its interests, Mr. Winans, (rep.) of Ohio, offered an amendment dispensing with the tax on Incomes from industry aud the exercive of professions, and to retain iton incomes derived from capital. Mr. Moons, (rep.) of Lil, favored the continuance of the tax with the exemption to $2,000, and argued that the popular demand for relief’ from taxation was imperative and overwhelming. Mr. Horcukiss, (rep.) of N. Y., opposed the con- tinuance of the income tax and favored the general reduction of revenue and @ return by the govern- ment to the principles of economy. Mr. Moran, (dem.) of Ohio, offered an amend- ment levying atax of five per cent on income de- rived from bonds of every description, notes and morigages and other securities over ‘the sum of $1,000 and under $10,000; seven per cent on sums between $10,000 and $30,000, and eight per cent on sums over $30,000, He argued in support of his amendment. Mr. GARFIELD, (rep.) of Ohio, offered an amend- tment removing the tax from incomes derived from business and confining it to Incomes derived from capital, and argued in support of that proposition. Tt. FARNSWORTH inquired whether that excluded members of Congress. Mr. GARFIELD did not care whether it did or not. It was intended to meet the objection that the in- come tax weighed unjustly on business and profes- sional men and Jet vested capital escape. He had no doubt his amendment would leave about one-half of the revenue from income and remit the other half. it was a sort of Sompromisd measure. Mr. Woopwanp, (dom.) of Pa., nroved 28 a substi- tute for the thirty-fifth section imposing the Income tax a section providing for the withholding of a tax of five per cent on the Interest of the bonds of the United States whenever held at home or abroad, He argued that that would be an ample substitute for the Income tax, which he would then nave wiped away altogether. There was not a particle of re- pudiation in it, because all who held these bonds were bound on every principle of reciprocity to con- tribute to the support of the government which ren- dered thetr property valuable and safe. Mr. Morgan, In reply to a question by Mr. Ben- ton, said that the State of Illmois paid a miilion ends aif internal revenue more than all New Eng- and. Mr. KELLOGG said that was not s0. Mc. Jupp explatped the amendment which he had offered. It left in the bill the taxation on bonds, noiea, securities and all that class of property. It struck out all relating to the business of the country derived from trade, which he believed the trader charged over to the consumer, It left to be taxed all incomes derived from speculation in real estate and incorporated companies, It struck out all that related to farm products. Ifthe amendment was adopted it would leave the tax to be imposed on the invested and realized capital of the country, aud not on the productive industry. Mr. BRooKS, (vep.) of Mass., Offered an amend- ment striking out the provision requiring a man to account for the income of minar children. Mr, Hoan, (rep.) of Mass, offered an amenament prohibiting the publication of income returns. Mr. Beck, (dem.) of Ky., offered an amendment reducing the number of persons to be allowed deduc- ye: in religious or social communities from ten to, eight. r. DAwEs moved to reduce the number to five. Mr. Roors, (rep.) of Ark., admitted that the will of the people should be attended to in regard to taxa- tiou; buat he believed that the will of the people in regard to the income tax was that it should not be retained. It was with taxes as it was with the man who had the boil on his nose, and who, when asked where he preferred (o have it, replied, ‘Well, 1 be- Neve I would rather have it on some other body.’ (Laughter. ) Mr, HOLMAN, (dem.) of Mo, favored the continu- ance of the tax, arguing that the objection to 1t came from the rich people of the large cities—people who had the least reason to complain of taxation, having grown rich from the war. But he was spe. claily in favor of imposing a reasonable tax on the bonds of the government, and he, therefore, offered an amendment imposing a tax oF ten per cent on the interest on the bonds, Mr, AMBLER, (rcp.) of Ohto, offered an amend- ment requiring legacies and successions when not direct {rom the husband to his wife or family shall be accounted for as an income, Other amendments were offered by Messrs. Lough- ridge, Cleveland, Axtell and others. it. AXTELL, (dem.) of Cal., regretted that he could not have had an opporlunity to express his views in five minutes, ‘The SPEAKER remarked that there were forty other gentiemen in the same position, Further amendments were offered by Messrs. May- page anin, Burchard, Townsend, Ela, Lynch and ersou. ir. SCHENCK closed the discussion, He sald that the committee had proposed to reduce the income tax by increasiug the exemption gto one thousand five hundred dollars, which would be a reduction of nearly six million’. His own opinion was that that was About as much as could be safely done at this ume. But he was not at all prepared to say that next year and the year atier, and 80 on, these re- auctions might not be continuea. Gentlemen were not to misied by supposing that that was to be pro- josed by the Committee of Ways and Means in he shape of a reduction of taxation, It was included in this bill, and he had no ob- jection in stating distinctly, so that there might pe ho misunderstanding, that he had a section or two prepared to be offered at the close of this bill, which was a bill “to reduce internal taxation and ' for other purposes,” which would so amend, by and im- ber might short provisions, the tariff as to take off some twenty-three or twenty-four millions more than this bill would, the Internal Revenue bill, If the proposition to strike out the tncome tax should pre- vail, ne wanted gentlemen to remember that they would = not strike out twenty-flve millions of the revenue, the loss of which contd not be afforded, but would strike out the only pro- visions made Taw, and the only ones, as some thought, that could be made tn law, for taxing the income of United States bonds, In conclusion, Mr. Schenck moved the Rroione question, ‘he previous question was seconded, and by agree- fit the vote on the sections in relation to the tn- come tax, with all the amendments, was postponed unitl co-morrow, Mr, BECK offered an amendment Co the forty-fourth section, the effect of which would be to tax the in- terest on all government bonds five per cent. On a brags the Speaker announced the vote to be 90 0 Mr. WILLARD demanded the yeas and nays, re- marking that this was taxing United States bonds held abroad and was to that extent repndtarton. Mr. ALLISON, rep) of Iowa, moved an adjourn- ment. Agreed to by 93 to 52. The House then, at ten minutes past four, and amid much excitement, adjourned, PRISON REFORM. Twenty-fifth Annual Report of the Executive Committee of the Prison Association of New York—A Valuable Compila- tion for the Study of Philan. thropists and Legislators. ‘This philanthropical association has now reached the twenty-fifth year of its existence. Its objects are concisely defined in 1ts charter, passed by the Legislature in May, 1846, and which bears the sign- manual of the lamented Silas Wright, who, as Gov- ernor of the State, approved it, These objects are:— First—The amelioration of the condition of pri- soners, whether detained for trial or finally con- victed, or ag witnesses, Second—The improvement of prison discipline and the government of prisons, whether for cities, counties or States, Third—The support and encouragement of re- formed convicts after their disc! » by affording them the means of obtaining an honest livelihood, and sustaining them in their efforts at reform, The Executive Committeo of the Association, under thelr charter and by “Section 24 of Title 1, Chapter 3, Part IV., of tne Revised Statutes,’ have all the powers and authority of inspectors of county prisons; but from this twenty-fifth annual report it does not appear that these powers were ex- ercised or this authority invoked by the Executive Committee to any marked extent, and it Is ad- initted that less work hagpeen done tn this respect during the past year than previously. Of the persons detained in the prisons of New York and Brooklyn during the year 1869 the association reports to have aided 4,650 with advice, or relief, or, both, as the case may have required; at the instance of the general agent of the association 220 criminal complaints were withdrawn, having been preferred from mistake or excited feeling; 278 prisoners were discharged on his recommendation; 1,039 liberated prisoners were aided with board, money, railroad tickets, &¢.; 145 provided with situations, and 123 supplied with clothing. This is about the extent of the actual practtcal work of the association for the past year, Nevertheless, this Jast annual report, a volume of 514 printed pages, must be taken as a valuable addition to the library of philantropists and legislators, from which they may gather much interesting and useful information. And here and there, interspersed with long theoretical essays, there are found statements of facts and statistical compilations which are even of interest to the gene- ral reader, and such portions merit a special refer- ence. On the question of PRISON DISCIPLINE this report discourses learnedly and pisboratel It is needless to say that it condemns, in not too harsh terns, the barbarous modes of punishment as here- tofore adopted In our State Prisons for infractions of prison rules; some of which, as the murderous “shower bath,” for instance, have since been virtually abandoned. ‘The report assumes, from statements of competent witnesses—there bang referred to as such Messrs. Hubbell and Sey- mour, ¢x-wardens, and Rey. John Luckey, chaplain, all of Sing Sing Prison; Mr. Haynes, Warden o/ the Massachusetts State Prison, and Captain Alexander Machonachie, Manager of the Penal Colony on Nor- folk Is!and; Colonel Montesinos, Prison Director of Valencia, in Spain; Herr Von Obermayer, Governor of Criminal Prisons at Munich, Bavaria; Count sol- lohub, Principal of the House of Correction and In- dusiry at Moscow, in Rassia, and others—that all criminals, ag 2 rule, are capable of reformation. The wevessary bases of a reformatory discipline are then explained, that it must work with nature rather than against it, with the ald of the great prnciees indelibly impressed upon the human soul, such as sociability, penitence, hope, inducements to industry and ot nce; it must algo gain the good will of the convict, by tmpressing him with the conviction that the officers set over him have his own good as their object in view. Such a system must also provide re- llabie tests to guarantee the genuineness of the re- formation in tiberated prisoners, and heére the Irish system, initiated by Mr. Organ, Bow deceased, is specially commended as signally successful. After referring in detail to the several means by which all this may be accomplished, and indulging in a some- What sevore philippic against the Grand Jury of Weatchester. county, which, in a presentment to the court last summer, denounced the influence of ‘he Prison Association as injurious to the safe manage- ment of the convicts at Sing Sing, the report comes to a question of vital interest, the question 01 PRISON LABOR as compared, or rather in opposition to free labor. The excitement among workingmen and artisans generally opposed to the introduction of skilled labor 1s declared to be unreasonable, and a long eo is advanced in support of it, the gist of it being that society 1s benefited by the production of the greatest possible amount of values, and that unused productive laboring power entails @ public loss. From the whole tenor of this argument and the examples invoked 4t is fair to assume that the Prison Association, or at lease thosé of iis officers who are responsible for the contents of this report, have it in view to change our prisons from institu- tions for the punishment of malefactors, not only into literal houses of correction and ey asylums—which to a certain degree find their justi- fication in experience and in the principles of en- lightened humanity—but to make of them a kind of polytechnical institutes for the education at public expense of those only Who may gain the privilege of adinission by the perpetration of crime. In 8 tabular statenfent appended to the report of the several prisons in the country it is shown, among other things, that the cost per capita of main- taluing the prisoners and the earnings of each in several State prisons are ser ak sts Earnings Defl- percamia, percaptia, clencys Sing Sing, N. Y., peryear..$227 $122 $105 Auburn, N. ¥., per year... 175 132 43 Olinton, N. Y., per year.... 640 817 63 ‘Trenton, N. J., per year... 169 70 99 Philadelphia, Pa., peryear., 97 51 46 Pittsburg, Pa, per year.... 101 58 43 Windsor, Vt., per year... 157 83 74 There are some few State prisons where the earn- ings of the prisoners exceed the cost of Keeping them. In Nevada, where the prison is located at Carson City, the cost of keeping each convict is $1,254 per year, and the earnings are thirty-six dol- lars; but here the prisoners are properly made to work in erecting priaon buildings, for which no cash earning is cal culated. The average daily number of convicts in the State Penitentiaries of twenty-seven States was 13,063; a similar ratio to the popnia- tion of the other ten would give a total datly average of 16,812, Of these about 12,070 may be tnken as the aggregate of prisoners in the | Whole United States who are empioyed on work that produces cash income, or about three-quarters. The average per capita cost of convicts im the State prisons Was $200, and the average per capita earn- ings were $130, The total expenditures of the prisons in thirty-seven States were $8,340,685, and the total earnings of convicts $2,376,900, leaving an excess of expenditures of $877, 281. 'As to the nature of the competition of conviet labor with free labor, this report itself gives the best and most mntelligibie description, by saying that “the labor of twelve con- victs wilt cogt no more per day thau that of four citt- zens; yet the convicis will do nine days work while the cltizens will do but four, thus every dollar pald for convict labor will produce a3 much as $2 123¢ ex- pended on citizen labor.” The concluding pages of this ‘Volume contain a number of essays on “The Seeds of Crime,” the “Capitalists of Crime,” &c., which are all very readable and present much food for reflecting minds. SHOCKING ACCIDENT IN NEWARK, A Man Crushed by an Ore Crusher and the Machinery Taken Apart to Extricate Him, An accident of a shocking character happened to a workman named Andrew Baumgarten, in the Newark Zinc Works, on Wednesday night, about half-past ten o’clock, While superintending the removal of some material ihe unfortunate man, in moving backwards, accidentally steppe into @ feeder of the hopper used for crush ing ore, and was dragged down bodily, The machivery was instantly stopped, but jt took nearly two hours on the part of aii the workmen in fhe place to extricate the poor fellow, All the machinery to be taken apart before this could be. accomplished. In the meanwhile a couple of medical gentiomen arrived on the scene, and found it necessary to amputate the right leg above the knee, e entire limb, from the hip down, had been entirely stripped of fesh and the oy? bones crushed ee The other leg was also fearfully torn and lacerated, but amputation was deemed un- desirable. The poor sellow was removed to St. Michael’s Hospital, where he now lies, under the care Of the Sisters of Mercy, but not the slightest hope of his recovery 13 entertained, He is twonty- } five years of age aud a man of admirable physique, i naiak eee y mi ption had been vi ft hi covet of nw, fates le and the courts for & le! yaa, and as important rights were presumed to have v, \° der hig acts, the marsha! must be held to hes bee tS Sacto ferrari tes ane acts prior to this de- cision were con: jared the be legal and valid. ¢ acne Mr. M. R. Patrick has superseded Mr. Orr as United States Marshal, and the lograph announces that Judge James B. McKean, of New York, has been nominated in place of Judge Wilson, and Mr, Charies 8. Crow, of Alabama, as Secretary of the Territory in place of Mr. Mann. CHAMBER OF COMMERCE. No “Outside Influence” Wanted=Spicy Dee bate on the Eligibility of Members—Ime pI ment of the Harbor—The Bathing Basin. ‘The regular monthly meeting of the Chamoer of Commerce was held yesterday, Vice President George Opdyke in the chair, Walter 5. Grimth reported the following names of persons for membership:—G. Francis Opdyke, John A. Parker and Pliny Free- man. ROYAL PHELPS opposed the election of two of the nomluations on the ground that they were neither merchants nor bankers. He said that the present unpopularity of the Chamber was mainly caused by electing as members persons who were not engaged in any commercial pursuits, He did not think it was proper to elect as members insurance men or railroad men, and he would oppose it, He said the men had thelr own interests and organizations, with which the Chamber had nothing to do, and thought there were many interests at stake that came within the proper scope of the Chamber, Mr. Grirrita defended the action of the Execu- tive Committee in making the nominations, He saia@ it had always been the custom of the Chamber to admit to membership persons of high social stand- ing, and he thought there was no objection to the nominations, Mr, PugvpPs replied that such had not been the cus tom; that he remembered the time when any one Who was not a merchant would not be admitted to membership, He remembered distinctly when, many years the name of John Jacob Astor was pre- sented for membership, and he himself had voted ba er it simply becanse he was not a merch ant. . GRIFFTH Moved that the election of the two Bieeane: objected to be deferred until the next The motion prevailed. G. Francis 0} Pye belioses: a) and elected. isa sete communication was received from Geo: A Blunt, informing the Chamber that ne has hae Ad turned from Washington, where he has been to aa- vocate the appropriation of $100,000 for the barge basin at the Battery, and $200,000 for tne removal of the obstructions in the East river, off the Battery, the first appropriation having been struck out of the Appropria- tion bill in the Conference Committee. He found many members of Congress favorable to whe applica- tion, and thought that if the Chamber would urge the matter upon Congress as 2. measure necessary to the commercial prosperity of New York the ap- Ppropriations would be made, He also catled atten- Uion to the fact that it is now ten years since the Chamber took action in reference to the completion MORMONISM. The Question of United States or Mormon Au- thority in Utah—Decisions of Chief Jus- tico Wilson in Favor of the United States. stich assuin} Save Lake Crry, May 27, 1870, The District Court of Salt Lake City has adjourned till next September. The act of Congress establish- ing a territorial government for Utah provides that the judicial power of the Territory shail be vested in @ supreme court, district courts, probate courts and In justices of the peace. The Supreme Court is composed of a chief justice and two associates. The three district courts are presided over by the same omicers, each in his own judicial district, Being feaeral appointments their courts are commonly Called United States courts, in contradistinction to the probate and police courts, which are presided over by Mormon officers. ‘The act provides that the Jurisdiction of the several courts, both appellate and original, and that of the probate courts and justices of the peace, shall be as limited by law, provided that justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum Claimed shall exceed one hundred dollars; and the supreme and district courts respectively shall possess chancery as well as common law jurisdiction. Heretofore the probate courts, acting under the authority of the Mormon Legislature, have assumed the right of chancery and common law jurisdiction, the supremacy of the United States courts has been practically ignored, and United States judges have been intimidated and practically driven out of Utah. ‘The question of the right of the probate courts to common law jurisdiction came up for adjudication before Chief Justice ©. ©. Wilson atthe term of the court which has just adjourned. ‘The case was a civil sult—Cronyan & Co. va. @. W. Higley—in which judgment had been rendered in the Probate Court of Salt Lake county by Justice Smith in the amount of $1,600 on a promissory note. The case came before Chief Justice Wilson for re- view, on the ground of want of jurisdiction of the Probate Court, It was claimed on the other hand that while the act of Congress organizing the Terri- tory conferred upon the supreme and district courts chancery and common law jurisdiction, it did not confine such jurisdiction exclusively to them ; that the Territorial Legislature, 1f it could not de- prive those courts of that power, has unlimited authority in distributing and apportioning judi- cial authoiity among the several courts; and that hence it had the right to confer on the probate courts the jurisdiction claimed. The opinion of Chief Justice Wilson, who has} of the Mattery extension, and that if the always been liberal rather than radical towards | Matter 1s now propérly urged the present he M a ear will see the work completed. x Since the Mormons, was adverse to their side of the ques- izat “4 % hon, He held that the Territorial Legisiature was | We, organization = of the government —Con~ gress has appropriated but $283,200 for the improve- ment of New York harbor, The bill drawn up two years ago to prevent encroachments in the harbor stili hngers in committee, and a bill to cause the re- moval of the wreck of the steamer Marmion from the lower bay is likely to pass. He also referred to the saving of a property valued at five hundred thousand dollars at the Battery, which had been leased for baths to a private citizen by the city, and to the tact that the stoppage of this project has secured the harbor from much damage. He closed by urging the Cham- ber to take such action as it may deem proper to im- prove the harbor, After the reading of the letter the chairman re- marked that he had lately had a conversation with Mr. Blunt, and he understood that the authorities at Washington were alive to the interests at stake, and he thought that the appropriations asked for would be made. The Chamber then adjourned. THE NEW REGIME. the creature of Congress, and that all the laws of the Legislature must be consistent with the power which Congress delegated to it; that Congress, hav- ing prescribed the jurisdiction of the supreme and district courts, left that of the probate courts and of justices of the peace to be limited by the Legis- lature, at the same time excepting Justices of the Peace from adjudicating cases imvoiving the title or boundaries of land, or sums exceeding $100. After ‘efal examination of the act he came to the con- clusion that Congress, neither by implication nor by express terms, gave to the probate courts common law jurisdiction, Neither had such courts in the several States exercised such powers except when conferred by express statute, a8 had been done in some cases. refore he decided that probate courts in Utah have no inherent power to adjudicate controversies at common law, and that the Legisla- ture had no authority to confer such power on them. The question then arose as to the meaning of the language pf the organic act, which says, ‘The juris- diction of the several courts, boih appellate and origival, and that of the provate courts and of justices of the peace shall be as limited by law.” In the opinion of the Court it meant sop this and no more—that the Territorial Legislature might llmit the courts and confer upon them jpstinieton. of all subjects consistent with the constitution of the Unitea States and the provisions of the organic act. That 1s to say, that the Legt-lature could confer upon the pro- bate courts jurisdiction of all such subjects as were not by the act conferred upon the other courts and such as were consistent with thelr character as pro- bate courte, Judge Wilson then dedned tne charac- ter of the probate courts of America, showing them to bebased upon aud partly analogous to the old ecclesiastical courts of land, which (previous to the act of Parliament of 1667 transfering their juris- dicion to the temporal courts) took cognizance of matters of Pisin wills, administration of estates of deceased persons, the guardianship of minors, idiots and insane persons, and divorce, alimony, &c.; and, he said, 16 would ve proper for the Territorial Legislature to confer such powers upon the probate courts of Utah. In some of the States probate courts had taken jurisdiction of common law cases under an express statute, but never of chancery or crim nal matters, as they have in Utah. Since neither the old ecclesiastical courts of England nor the probate courts of America, as their successors, nad as a matter of right or by comman practice any jurisdiction of common law cases, and as in the pre- sent instance no such express authority had been conferred by Congress, ihe Court ruled that any and all Territorial legisiation conferring such jurisdic- tion upon the probate courts of Utah 1s unauthorized and invalia, and accordingly dismissed the suit, Betore concluding his opinion, however, Judge Wil- gon took occasion to say that the jurisdiction of com- mon law cases by the probate courts of Utah had been of great convenience to the people, and on this ground of convenience he was of opinion that Con- ohers should conier such jurisdiction on them, at east to a limited extent. From a Jegal point of view, and on the grounds of economy and convenience, tils opinion may be svand; but from a political point of view, cousider- ing existing circumstances, the delegation of such Jurisdiction would be most impolitic. Progress of Work in the Various Depart- ments~-Change of Time for the Music in the Parks—Appointments in the Department of Docks. The Department of Public Parks, in studying the interests of the working classes, found that the music which was provided in the several parks through- out the city could not be fully enjoyed by those whom {hey intended most to benefit, and the Execu- tive Committee, acting upon the power delegated to it, has determined to make a change in the hours during whien muaie ta to be provided. After this week, therefore, the music in the several parks will be from six to eight o’clock P. M., instead of from five to seven o'clock. In relation to THE BATTERY the Commissioners deem that It would be inad- visable to h3ve music there until it is placed in some fit condition for people to resort there. For this pur- pose the Commissioners are ‘now perfecting plans for the improvement of the}place, which}will{speedily be put into execution, In other quarters the work under the direction of the Board is rapidly progress- ing, and is fortunately such that people passing can see what work is being don e. THE DEPARTMENT OF DOCKS 1s working along quietly at present, yet steadily and systematically. A meeting of the department was held yesterday, at which the observations made by the Commissioners on their tour on Wednesday were discussed, and the determination was announced to inaugurate remedies immediately, yet do noth- ing i Ue incompletely. The Board yesterday confirmed the following APPOINTMENTS. Bookkeeper—W.W. Burnham. Chief Clerk—Eugene ‘The only other important case before the court— | 7, mch. Superintendents of Docks—Joseph T. one touching the supremacy of United States over Sacee William E. Duryea, John Turner, John Rich- Mormon officers—came up on a question of execu- | ardson, William H. Brown, BE. Keyser, tive duties between the federal and Territo- rial marshals. Joseph M. Orr, United States Marshal for Utah, received fis appointment from President Grant, and entered on his duties. He claimed that the laws of the United States required him to per- form all the executive business of the supreme and disifict courts. He alleged that J. D. T. McAllister, a bishop In the Mormon Chureh, as Territorial mar- shal by authority of his appointment by the Legisia- ture, assumed the right to perform nearly ali the executive business of those courts, had perfornied it and still claimed the right to perform it—tne excep- tions in which he had not done so being some cases in which the United States had been a party. This case arose Out of a petition of the United States Mar- shal, upon which the District Court issued a writ, requiring the Territorial Marshal to show cause and by what authority he claimed Lal ks Soh of mar- shat in violation of the Unit States Marshal's rights and of the Jaws McAllister in bis answer stated that pursyant to an act of the Territorial Legislature in relation to marshals, Re proved March 3, 1852, he had been elected Marsh: yy the Legislavure jn January, 1866, and again in February, 1870, and being duly qualified and commissioned had performed the dues of his office since 1566, He denied the allegation that he had “assumed to act or exercise the duties of the United States Marshal,’” and disclaimed the right to act as the executive omeer of either the Supreme or District courts “when exercising the jurisdiction of circuit or dis- trict courts of the United States;’ but when they were not exercising such jurisdiction he claimed the John McKeiven, Frank Ransom, William B. Finley and Louis Fitzgerald. _ Collection Clerkg—James_ B. Cisco, Walton Townsend, Jacob Ramsey. Assistant Clerks—Charies Osgood, Morgan L. Livingston and Patrick OReilly. The pnblic iree bath constructed by Mr. Bernard Kelly, under the direction of THE DEPARTMENT OF PUBLIC WORKS, a fail description of which was published exclusively in the HekaLp of Tuesday 1 was towed down from Greenpoint A Scie and Moored at the foot of Fifth street. In will be opened to the public in the early part of next week, andthe want in this par- ticular so long felt will be at length relieved. In the Bureau of Roads in this department the work ia progressing, and also in the Croton Bureau. The work of removing the property of the late Crotom Board sto the new offices adjoining the Broadway Bank has been commenced, and. in a few days the work of demolition of the buildings in the City Hall Park lately occupied by the Croton Board will be begun, in accordance with the recent action of the Department of Public Parks. DECAPITATED DOCTORS. Another Inetalment of Appointments. Events indicating the dawn of the new régime succeed each other with perplexing rapidity in aik departments of the municipal government, and have at length reached the Police Department, which was right to act a8 marshal and perform the executive | most strongly intrenched inst chan duties of those courts by authority of law. To this} because of the’ political balance of the » answer the United States Marshal filed a general de- | Board. Yesterday Work was commenced on rer, setting forth that by virtue of the origimal act of Congress establishing a territorial government for Utah, and of his appointment by the President of the Untted States, he as Marshal was in all respects the proper executive officer of the Supreme and Dis- trict courts; that the Legislature had ‘no nght or authority of law to appoint a marshal for the Territory, and that the appointment of Mc- the dec ‘was wholly vold, Thus the case was left for the Board of Police Surgeons, and the followi were removed:—Drs, Alexander B. Mott, Everett H. Kimbark, Alfred E. M. Purdy, Robert P. Gibson and William Sutton, To these must be added Dr. Kier- stead, removed some time ago, thus making six vacancies, which were’ filled by the appointment of the following physicians by Commissioners Bosworth and Bremman:— in Sayville, §. A. Ral Alfred M. Beach, panied D. W. Harrington, oki tistopher Prinee ana Samuel H..Orton. The democrats being still entitied to two surgeons, Drs. Feasenden N. Otis and Pat- rick W. McDonnell, of the old Board, were reap- pointed. Commissioners Manterre and Smith have yet to make the removals and appointments in the republican helt of the Board of Surgeons. DISAPPOINTED BURGLARS. ‘The depredators who carn their bread by the sweat of their browa at unseasonable hours of.the night were overtaken by a bad run of luck yesterday morning. One gang operating upon the tailor oft a Sat, Rg ers oO! ates, lekving ening tiem a cold chet and which they bad probably brought $end ‘antieypated spoils. Another party the decision of the court. To test the soundness of this position Chief Justice Wilson went back beyond the passage of the organic act, and examined the ower of Congress over Utah Territory. This power ja well established and needs no confirmation. Judge Wiison alluded to the extensive jurisdiction of the district courts of Utah, pointing out the fact that it 1s greater than that of a State court or of a United States circuit or district court, having, in fact, the combined jurisdiction of them all, A care- ful examination of the tenth section of the organic act convinced him that Congress intended to provide an officer with full power to execute all orders of: those courts, and when it said ‘There shall also be @ marshal for satd ‘Territory appointed, who shall hold bis ofMce for four years, unless sooner remoyed by the President,” in order to enla) the poner of such officer consistent with the jurisdicuon and dignity of those couria, it also said, “and who shall execute all pro- issuing from said courts when exercisil y iar mie Gave ster ge | Sorat agg, ee pd Soo, ka tof the Territory, and. by ben Otieer Flanagan, of the Sixth pre. tion of the district courts of the Territory, and b windows oa ena Sucoasaed 4 capturing. two of express terms given them jurisdiction of ail cas einct, arrived a an oda na vene arising under he constitution and laws of the United ae epee ET eee ee Ro yar. mere States, it became just as necessary to extend and en- Jarge the power of tie marshal of the Territory, or he could not setve the process of the courts ee arising under the conatitutton and laws of the Unit States. The Court concluded thyt such was the view and intention of the law. ing poyver, and es the appointment of a marshal for rritory 1 Legisiature was inconsissent yy the Legisiat ft it with the organic = and consequently void. order to gette any serious augstion that might arise from the fact ister had for @ long time acted the capacity of a territorial mar- Wilson stated that in nis siature acted in good faith, sup- it to be the province Of that body to elect such cATstes having assimped the duties tat burglary, at No. 142 Cherry street, was siembe ungnocessTal, through tho unwonted vigl. lance of the police. SENTENCE OF WILLIAMS, THE SMUGGLER. Williams, the English jeweller, who attempted to import $20,000 worth of diamonds without paying the accustomed duty, was yesterday sentenced two years at bard labor in the here rison, Trento! N. J. No fino was imposed, althotigh & number ol bonds and other valuable documents were found om { him, which showed that bo Was by no means impe- hy: cunious, f an officer, and Me