The New York Herald Newspaper, March 29, 1871, Page 4

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The Application for a New Commissioner. whe! Argument in the Supreme Cour’. Decision Reserved. . Nothing that has come before the courts for q long time has excited so much public interest, inasmuch as it affects a large portion of the community, as the matter of widening Broadway, It hascome up before, and a commission was appointed which made awards and “assessments, and, among the latter, assessed the Central Park for over a million of dolara, By an act of the last Legislature this commission and its awards and assessments were set aside and a new one ordered, which the act de- clared was to be appointed by a Judge of the Su- preme Court on application of the Corporation Counsel, Acoordingly on last Tuesday that officer appearea before Judge Cardozo, the matter being on the cal- endar for that Gay, and had it adjourned until yes- terday morning. Half-past ten o’clock found the chambers of the Supreme Court filled to overflowing with representatives of the district which is the subject of thix tigation, and the interest they felt to the matter was depicted on their countenances. Ny the time Judge Cardozo had taken his place on the bench every vacant seat was filled and numbers were standing, taking up all the room, even to the ay. After the court had been formally opened i sigeited its readiness to proceed with the sof the day Mr. Richard O'Gorman, Coun- sel fer the Corporation, rose to OPEN THE ARGUMENT » the motion for the appolutment of a new Com- of wi ieuing Broadway, as provided for by act of the He spoke of the old commission and of ai done, aud characterized tt as a fraud on vie whieh law and justice required should be Gone away with. He said that some of its assess- mente Were Invalid, and espectally referred to that essesting the Central Park for a million dollars, which he theaght could pot stand, dis position re- quired that be make Uhé fiiotion for the appointment of the comeanssion, and he strongly urged the Court to carry it mio effect, petsiature Counsel (hen read the following aMdavits:— MAYOR HALLS AFFIDAVIT, SOPREME Cov wer of the application of the Mayor, A ty of the efty of New York, revative atening of Broadway between Puirty nth streets, and also th mating and Th { Vhat part of Broadway between Thirty-second rip STU streets, and that part between Forty-second feet, in ta screets, of @ greaver width than I Comet New You depose and eave we been Mayor given to me by or onthe missioners of Estimate and ve entitie! matter intended, subsequent ract in the office of the Commissioners 20 of the lying y nite and Fighiy-sixth streets and Sixth and ues, Bor Wo assess any portion of the expense of vr at upon tbe Mayor, Aldermen and Com- oy notice of fntimation ‘ the Sinking warded by the abstract er of Public Works as aforesax Commonalty for the parceis of the etree. which were closed and for whieh th ere basi awarded to the eity of New York the sum of AL OAKEY 7 re te before me, New York, March 27, 1*71. Js ©. JOLINE, Commissioner of Deets, APPLDAVIT OF PRTER B. SWEENY. Peter B. Sweeny testified Is the President of the Board of re having charge of the Department of Publie y of Rew York; that ne deponent nor » his Knowledge, were ever Assessment Was aid or proposed rtian o. the Central Park meiuded be- 1 V0) strects, F ol oat the 44th of Seprember, Public Works, as re- tained no assess. svaament tuis deponent believes egal and unjust DAVIT OF WILLIAM SINCLAIR, 4 that he assisted the Commission. A he 2ith of assene- was imposed ents contained 4 or caused to be sens fi ot Com- missioners 0! ment to he ber PROTEST FROM TAR ASTORS. Mr. D. VD. Lord next read the affidavit of 3, J Astor, as follows:— John J, Astor, being duly sworn, ealth that he and Daniel ». ineotioned to tnd te well acquainted with the vajue of sald property and the changes In value which will resuit therefrom. He furtber saith that the awards made by the Commissioners for damages in m: eee ages which wili result f tue property required for it, 80 that idesing i very much larger that assesamcnis jor beneti wie, 80 thal & large amount om aasenscaent whl as mach y whch is assessed, and the pr fatuiory himite t# thus burdened wi eof the expense on the wots ¢ entioned proportioned to the ny inetan ny benest that can possibly result to them, an be tote if equitable, urtber saith that be has Thm Astor, bercumto annexed, and to be true. of Wilham Astor and William B. ad aud were substantially the same, the lots referred to by the latter were held 1n his owl right and not by trust M RNOUX PUTS IN & WORD. n jumped to is feet as soon as Mr. i said that he repre nd Uwo seis Of pariies, Que claiming that the made to teu were just and proper, aud U that they were grossly unjust aud demanded ficauon. This genties Lord bad sat ASSIGNER OF AN AWARD. Mr. Hall next ¢oman et the attention of the Court. He appeared for the assignee of an award. His client considere | thts awar’ aothing more than just, aud did not wish disturbed. He passed up his papers to the Julge, and while the same Were in iransitu @ Mr. Sioue claimed the judicial ear, which being granied he eutered uy ou Whe reading of afida- vite . ‘ SUSTAINING TUE AWARD, The aMidaviis set forth fullest confidence in the Commissions 6b the awards, aud stoutly protested agaiust tbe same being im aby respect interfered with, . Voice From THR CITIZENS’ As8OCiATION. Mr. Olin, on behalf of the Citizeus’ Association, Protested in a brief vut energetic speeck against the ailowauce of certain awards whch were specified. He centralized his invective thander agaist those made Mr. Wa.soa, late Coanty Auditor, aud which awards went now for the benefit of his estate. PROPERTY OWNERS ON THE MATTER. Mr. Gratz Nainan said be represented several property owners whose property was lo ve eflected Dy the proposed Widening of Broadway. They were all in favor of the wards standing a they were, After quite @ sharp little speech om the subject be passed ap B18 Dapers. Succeeding him Mr. Stofer made a protest from & vou-rest lent owner. This geutieman expressed bim-eif perfectly satisied with the awards and desired them wo remala as taey are. Hl. fl. ANDERSON AGAINST TRE MOTION Aller a somewhat extended exordim Mr. An derson went op Ww say tbat be did not kKsow until this notice had been published im the papers bat that some siupendous fraud Was to ve lad opea two the pudil, What bad they presented as the ground for setting aside this order? From 4 statement of the President of the Centra: Park Board, tt appeared that an assessment of one milion six hundred thousand dollars bad been laid bn Central Park. Au atidavin of Mr. Sinoiaur shows that he had no notice. But the Corporation could not plead ignorance as to (his assessment. He listeued atventively to Lue remaras of the Counsel to ihe Corporation, and for the life of him could not see much sounduess In his argument. He made ex tracts from the cily siatutes, showing validity of as- sessments upon city parks. Could the learned Counsel of the Corporation be ignorant of tus fuct? Keferring to a decision in the supreme Court, General Term, relative to tie coutirmation for the opening of Cuurch street, he remembered that one of ihe strongest obstacles to the report was that as- sessments had been made on the City Hall Park and the Batic Strenuous efforts were made by coun- sel to hay erepert sent back, but the Court con- urmedit as entirely legal. it had been suggested by the Counsel to the Corporation that they bad net been duly netified in this matter. Le claimed that no immunity could be ponent {or on this ground. this convection he cite 3 decisions in the courts substantiating, as be ¥ ted, his Views of Wie ease, tracing these citations back to 1513, when the act regarding opeuug streets aud assessments Was Estimate and Assessment in the matter | p oot of the sinking Fund Commissioners of said | In | NEW YORK HERALD, ny passed by the Legislature, enlarged at consideranie extent npon. ‘this sul of notices, and then urged that if the report of the commissioners was to be regarded and the same effect given to it a9 to the this order without some special cause known. ‘Was no pretext that the Comptroller of thg cits not know of the assessment upon (41 was known, as the fountain hes, of ihe city ic vis becn supmiti. in that we oe ‘eA attempting to unjust, irregular, oppressive 01 he therefore claimed. that fhe aut side, min; it scope of the act, niuist fall iy the law of 1813 it became apparently the duiy of the Court, if in its opinion any portion of the report was wrong, to send it back for correction where it might be er- subserved and the rights of the public maintained, and such was the present pleasing duty and pre- Togative of the Court. This SPEECH OF IRA SHAFFER. sf tnat, with many others, he had thought, or rather feared, that some fraud was to be ex- posed in the courts, The public were startled by the presentation in the State Legislature of an act oom ‘as effectually as the records of this court. hag fia the hoje thing amount to? It had dwindled dowa to the sinple fact that Mr. Peter B. Bwottl, president of the Park Commissioner: verdict of a jury, then this Court could not vecats such fact should be mass wKoown Sciaer show on the other an not cul in the to the groun roneous, In this way the ends of justice would be gentleman followed. He said he confessed wiping out six millions awards—wiping did not know that an assessment had been made o! 1,500,000. the Central Park. It was true the orporation Counsel was the guardian and protector of the rights of the city, but in that case he had got on to the wrong track. He 18 the counsel of the Mayor and municipality of the city. Mr. Peter B. Sweeny is no more a member of the corporation of New York city than is Mr. O’Gorman himself—no more than is Mr. William M. Tweed. This notice was served upon the Corporation Counsel and that answered all the possible requirements of the law. It was suficient on this point, As tothe awards themselves he urged that if they coula be laid aside im _ this case every bond of the city could be Swept out of existence. What he objected to was the way in which these awards were made. There had been six militons awarded to certain parties. A ood deal of it had been in the dark. It would have n better for the Mayor, when they asked for the papers, if the same had been promtly given. He in- sisted that the Legisiature one of these days might be giving an order to hang the Corporation Counsel by the neck until he was dead, dead. He thought under such circumstance this gentleman would insist on being tried by his peers. Having thus elaborated. his preface he went on to say that Mr. Anderson had | talked so exhaustively upon the subject that there | was realiy but little for him tosay, He proceeded to cite several additional cases bearing upon the question, The great point, he insisted, was that the Legislature had no business to interfere with vested | rights. If there were unjust awards in this case they should be set aside, but not the just ones. It | should be remembered that these awards were not the judgments of the Supreme Court, but the acts of special legislation. This was not to be regarded as in any way the proceedings of this court. When the Other side shall succeed in carrying their point they Will infict a blow upon the rights of property never attempted before. They might as well abolish the omice of Governor and do away with all law. RESTRICTION OF SPEECHES. The Judge, aiter the last speaker, had taken nis seat, said he was willing te hear others on this side, but they must confine themselves to points of | argument not advanced already. | . KITTEL SAYS A FEW WOR zi MR, DS. | _ Mr. Kittel said he represented Mr. White and Mr. Parnell, and after the intervention by the Judge as to limitation of further speeches would not go over | the ground already gone over as he was glad to | Know that he would be entitled to the beneiit of the | arguments aiready advanced. He added that thero Were other interests involved—the interests of those | Who were assessed, and the interests of many of | whom he ie Where was the money to be | Taised that had been assessed upon Central Park? _ Was there any provision in the law for the payment | of such assessment? The court under this act, he insisted, had no right to saddle assessments upon | parties who ought not to be assessed. He asked, on | ebaif of some one handred property owners, that if this should back, Hon. Daniel F. Tiemann might be named as 9 commissioner. KQUITY POINTS—SPEECH BY MR. VANDERPOEL. | ‘The Judge inquired ir anybody else desired to be | heard on equity points. | _ Mr. Vanderpoei rose in reply and entered upon a | Speech which, though he prouised it should be brief, was — to considerable length. He submit- ted that there had been nothing final in this case. | The whole subject was open to review. According to the argument on the other Side the Commission- ers might walk into court any fine morning and ask & confirmation of their report without notice to any parties interested. he reierred to the act of 1813 and its enforcement as to notices and other legal steps, giving im exfenso his interpretation of the same. As to the assessment ou Ceutial Park, he w that it was wholly irregular and unjust, and specified the respects in which there was failure to comply with the provisions of the act of 1813, He insisted that ample notice had been given. The great question was whether fraud had been used, and if so there was evidently abun- dant power 12 the courts to intervene and set it aside. An appeal could be made. It was all within the power ol the Legislature. It was purely @ remedy, He quoied authorities o There was no constitutional mode of giving re The trouble was, the other side was clatmaing vested righis in awards that were wrong. Ail they wanted was that the Legislature should cc! rect its wrong doing. Alter citation of other au- taorities he urged that no one could be deprived of his property without being paid for it at the time. Mr. Shaffer, interrupting, sald that in the matter of Wall street it was distinctly held, in 12 Barbour, that tie property could be taken and paid for five montis afterwards. Mr. Vanderpoel said he was giving his individual opinion, Which he rarely did in a court of justice. Mr. Shaver thought it strange on the side of the Corporation Counsel lo adduce personal opinions as argument. It only showed, in his opinion, the Weakness Of their side. Mr. Vanderpoe! iusisted that theirs was the streng side of we case, aod, like Ossa on Pelion, he brought forward a further long array of authorities to enforce this theory. MK. O’GORMAN'S CLOSING SPEBCH, Mr. O'Gorman, Corporation Counsel, then rose to close the case On behall of the city. He sald: May it please your llonor, the tone, temper and ability displayed by tue learned counsel that has dis- cusscd this case are not below the level of the gare and importance of the questions involved, I jesire Lo add very little to the argument presented by my learned associate, Mr. Vanderpoel, and shall, therefore, endeavor to confine myself to matters Which may be supposed to comeespecially within my cognizance. It seems to me, your Honor, that there are but two quesiions for the Court to consider in this case. The first is, hag the Corporation Counsel, in the affidavits reaa by him, presented facts suiMficient to warrant the Court in extending to the Mayor, Al®rmen and Commonalty of this city the relief provided by sec- tion four of Chaper me Bent of the law of 1871, entitied an act relutin; to the widening and staight- id to regulate the practise its show—and that ‘errors, ts have becomes ening of Bi oocurred in the proceeding, then it te duty of tie Court under the statute to vacate the order of confirmation and to send the whole matter back to new commissioners for consideration. The Court wili remember that the aMidavits used on behalf of the Mayor, &c., stana wneontradicted. They show that in the abstract of ‘are as filed in the oilice of the Board of Works On Lhe 26th Of September last, the and © poe erg | were assessed nothing; that in Uhat abetract of the report, filed there for the infcr- wation of aii persons interceted, that the Mayor, Aldermen and Commonalty were awarded about $450,000, In the report, as confirmed December 28, | Is7o, the Central Park Commissioners are assessed above $1,600,000, while the awards to the city aro reduced to forty-five doilars, This was done with- out notice Whatever to the municipal authorities without any opportunity for counsel to be heard pefore the Couniuissioners, and in violation of the prov { chapier 205 of the laws of 1859. It LN be remembered by the Court thas the proceedings ia his Broadw; pega aged alvogether with the Sta New Yo fl that the municipal or consenting pat me ‘or, Aldermen authorities were pot mov thereto; that by the provisions of that act they to be assessed one-third of the ex; of the tm- provement; that tne ty form! now part of way Which wi ve closed ph the improve- went bb e. be taken = fro them and given to slutty owners on such terms os the commissioners Might deelde, aud thus that these proceedit far froia bemg instituted by the corporation, or lor the corporation, may be regarded as in invitun. many re LK ey express re- quit meat of the statate Counsel to the Corporation Was directed to take the legal steps for acquiring title fur paw se of the property required by tae Improv ewer nd io the be acted notas @ muni- Cipa!, but a6 & State oMicer, and ueither asa munl- cipal bor a8 @ State officer was it any part 3 duty to inquire or ascertain the amount a single Geesment or award made by (he Commissioners, nor is pe chargeable wiih Kuowledge hereof. 1 report preseniea to the Court for conSruation is the report of tue Commits. | Moners and uot of the Corporation Counsel. Thus appears that tus immense charge Was cast upon the city bo be raised by taxation apon the citizens at large without the know) of the proper mu- nicipal authorities, Wiaout thelr baving an oppor- tauly of being beard on the propriety or justice thereof and im Violation 0’ the act of 180%. Ob these wnds on bebalf of the Mayor, &c., I claim that we have shown ourselves entitled to the retef provided for in the recent act of the Legisiat the duty of the Court to graatit. ‘Th next 4 ‘he Coart will have to consider is wuether the 1sTl so VIOLATION OF THE CONSTITUTION OF THE UNITED STATES OR OF THE STATE OF NEW YORK. This question learned counsel on (he other side, Who revresemts cients desirous to protect the awards made to thom in the report, have discussed atiength. Jo me the question seems premature. The action Of Your ilogor in vacating we order con- Grming the report aud appointing new comimis- loners does HOt hecessarily require the reduction Of @ single award oF the increase of a single asses8- ment. if my learned friends, however, have any reason to velleve that ticir cients have been awarded amounts Which are excessive and unjust, it Is Hot UbDatural that they should antipate aauger if the matter is subjected to further examination. At | present, however, and unti! new commissioners have | actually reduced the amounts which weir chents expected to gain by this transaction, it see:as to me that the discussion might be postponed. Tne Jearned gentlemen claim tat on the confirmation of te report thes clients became entitied to their awarus, a3 U they had obtained judgment tuereior; EEE EE EEE es Bienes ‘ Dr. ih soem tome that that w Manta ee Yee secre as are not ontitied to from anybody of & ah the ex, ieee rent race —* ne = ‘ane ho avor mat = ? actuall; Wuen The ume i awards had elapsed then it that, where the land iiself had to payment had become a ves! tween that case al that case the Court the owners, ‘We will it.’ They may change land ts taken; but tract is 80 far execu those whose rights ay under which we cl relief, does not ‘thing. It simply, aa it imports, regulates in these proce: i der of the Court, Ivaliows in a matter still sorealty pend even 5 indanent is bot the en vs. Childs, 41 N. ¥. Reports, 192), and un 13 settled and finished by the payment ment the Court has control of the MI the argument of counsel on the other siae has directed to the extent of power vesved tn the Cour to set aside an order of confirmation. Tuere Is no need to discuss that. Without the new granted by tne act of 1871 there might be @ question on the subject. Licre the act of 1871 expressly gives the Court the power to vacate the order, and the only question ts, whether this act is in violation of the supreme charter of the land. Your Honor 1s asked oy the counsel of the geatic- men claiming awards to decide that THAT ACT 13 UNCONSTITUTIONAL. It is always a dificult and delicate position for a Judge sitting at Spectal Term to be called on to pro- nounce that the act of the Legislature of the State 1s void. { donot think thatas yet anything has .oc- curred in tuis proceeding to warrant the counsel in asking from the Court any such exercise of autho- rity. Unless commissioners now appointed by the Court discover rr in. the awards or assess- ments heretofore le, and find it their duty to di- minish or increase them, no injury can accrue to the clients of my learned friend. such a a arises it is but right that these gentlemen shoul suifer. If no wrong has been done in their instance relief may be rendered to the Mayor, &c., by an in- crease of the area of assessment, as provided for in the act. But your Honor has heard probably enough in the affidavits read to-day by parties other than the Mayor, &c., to lead to the suspicion that in these respects wrong has been done which should be undone. ‘These, however, are questions which will naturally come before the commissioners if appomted. There 1s no need to discuss them now. J will content myself, simply pressing on the Court a proposition—that we have shown ourselves, by the facts set forth in the affidavits, enutled to the relief provided for by the statute, and that it is the duty of the Couri to grant it. As to the constitu. tionality of the act I had intended to say nothing. 1 feel that all that need be sald has been said by my able associate, Mr. Vanderpocl, and J now leave the case in the bands of the Court. DECISION RESERVED. And thus closed up the day’s speeches and coun- ter-speecies, the protests and counter-protesis, and affidavits and counter-aMdavits upon the subject of this Broadway widening. Though lasting nearly five hours, the crowd grew larger instead of dimin- ishing, and the interest in the proceedings deepened as the time advanced. The Judge announ that he would hear no further argument, and took such other papers bearing upon the case as counsel wished to submit, reserving his decision. z e352 FS tes i : Hy = i a REPLY OF THE FIRE CONEMISSIONERS TO mR. BERGH. The following has been sent to Mr. Bergh, asa response to his communication to the Board of Fire Commissioners:— HEADQUARTERS FIRE DEPARTMENT, Crry oF NEW YoRx, March 27, 1871. Henny Brron, Esq., President of the Society for the ‘vention ot Cruelty to Animals ;— S1m—I am directed by the Board of Commissioners to ac- knowledge your note of March 24, and to say to you that the newspaper slip you enclose, like many which you have doubt- Jess read in reference to your own department, does not eor- rectly state the circumstances. ey Otten necessarily derive the information trom excited bystanders, which varies trom idence more Note A taken. The truck had ey: ? din jalden lane, in front of No. 24, near Nassau reet, to allow another truck to pass down reet, ‘and the collision was occasioned by a fruit peaier's wagon being rapidly driven around the corner from Nassau street into Maiden lane. Sw it started again the truck was crowded againat dewalk, but the only serious accident was to a boy, who jumped or fell down an area and broke his lez. It was not, therefore, a case of reck- 2 or even rapid driving, as you' have concluded, without apparently any special inuiry. The Commissioners are in ainsi instantaneous communication with all parte of the districts under their charge, and in the performance of their delicate cuties do not derive their intelligence from the press, nor would you, probably, be able “to invite their attention to any sudjecte” which lad not recurred tothem. Tuey investigate every occurrence in the depariment which deviates from ite rales, and especially accidents, collisions and complaints of citizens, and had this Occurrence under close and carsfal inquiry’ before you could have read tne newspaper reports, The right of way In the performance of duty ts given, by law with a view tothe rapidity of movement, which is necessary to pro- tect the lives and property of citizens, but in using ft no apparatus 8 allowed to be driven more rapidly than a ‘who runs at ita head before the horses, can make bis f this rule they are the corner of Nassau a celerity of the movements of the dep: is worse than the disease, for it is far botier that a fe more pieces of timber should be consumed than that men, women and children should be crushed beneath these modern cara of J rnaut in their efforts to reach a ing @ few moments sooner, sical takes bere bi to Hire you another—one 26th of September a fire ‘on the fifth story of No. 73 Montgomery street, at isa". My and the inmates were suddenly driven’ to roof." The arrival of @ ladder-truck with the oat apeed | was not | matter of | saving “pteces of timber,” but human life, and moments hi the value of hours. The apparatus arrived, the ladders were used, and District gineer Bates rescued a child; Foreman Giequel, two women and two children; the men of Hook and Ladder No. 6, four persons, and those of Engine Company No. 11, three persons from ‘the roof, preventing i ‘which would ‘have ‘been poorly of the ving apparatus, it of way with cither the drivers of it wagons, carts or private lages, who, as you may have observed, are not too ready to give way, either tothe means of protection or to the humane efforts of your own depa! it. The Commissioners verely infractions; they pre- be and require all pot caution, and are happy have few accidents to investigate; but they reserve the right to control this department in the protection of human life and property. If you visit them in connection with the department more especially under your own charge the will take pleasure in showing to you a collection of anima! not to be surpassed in health and condition by those in an equal ‘number of private, stables, and a percentage ot loss by accident or death less than in any ser- life: vice not subjected freat exposure and risk by day and night, which they claim as an indication of the careful riving required by their rules. They direct me to call your attention tos voluntary letter they have received from Messrs. Colbert & Co., respectable citizens, who give a very different and correct version of the Accident to whch you all Vit! at res} sroat editake ude. our obedient servant ES E, GILDERSLEVE, Secretary. THE NEWARK METHODIST CONFERENCE. The Appototments and the Adjournment Ye: SPs “ae : re “ihe Gtr 2 oa After befag in Séision just seven days in the Methodist church at Morristown, N, J., the Newark Metnodist Episcopal Conference adjourned sine dte yesterday afternoon at one o'clock. Hacketts- town was chosen as the place of meeting next time. The final report on subscriptions for the Qentenary Collegiate Institute is:— From minister’, $17,252; from laymen, $15,248, Total, $32,500. Rev. Dr. Grane reported on Drew Semihi ry, commending it and speaking favorably of the students who have supplied stations within the bounds of his district. KR. Vanhorn, 0. H, Tif- fany, 8. M. Freeman, C. Larew, J. M. Tuttle, R. S. Art, C.8. Coll, W. N. Sear d. B. Matnis and W. W. Voorhees were elected Conierence Stewards. The appointments for the Newark and Passaic districts of the Conference were as follows: i Newark—Halsey street, J.S. Chadwick; Frank- lin street, J. R. Daniels; Clinton street, R. Van- horne; Union street, D. Walters; Central caurch, A. Cookman, B. C. Mcbride: Eighth avenue, S. H.’Op- dyke; St. Paul's, QO. H. Tiffany; Trinity, J. S. Bos- eli; South Market street, B. D. F. Randolph; St. Luke's, S. Yan Benschoten; East Newark, J. Scarlett; Roseville, J. K. Adams; Centenary, R: B. Collins; City Mission, be sup Le Bellevile, J. P. Dailey; Franklin, @G. tr Jackson; Bloomfield, 8. L. Baldwin; Montclair, T. H. Landon. Orange—First Church, W. Day; Cal vary church, C. 8, Ryman; Irvington, W, Gi! Springfield, J. E, Hancock; Milburn, J. N. Crane; to summit, W. 8. Galloway; Madison, 8. Parsons; Whippany; to be supplied; Deanville, ©. A, Lippin- Walters:,Whitehall , to be supplied Parsippany, A. L. Wilson; Little Falls, E, P, Crane; Verona, J. 8. Gilbert. Passaic, First church, G. H. Whitney; Nyack, 8. B. Rooney; Rahway, First church, H. D. Opayke; cou; byt. Perth Ambey, 5. W. Hilliard; Plainfield, J, K. Bry- ar Bound Brook, E. V. King; Staten Island. Bethel, anzant; Asbury, J. M. Tuttle; Hackettstown, Tuttle; J. Hanlon, Professor in Pennington Seminary; J, D, Blata and J. W. Young, agents for Collegiate Institute, THE HRATHEN CHINEE IN THE SovTH.—About six hundred Chinamea came down the river on the steamer Jennie Kogers, from Tuskaloosa, yesterday morning, and jeft for wouisiana on the New Orleans Railroad in the afternoon. Reports vary as to their ultimate destinatlon—one report being that they go to work on a sugar plantation, and another that they bave contracted to go to work on the Texas Ratiroad. Their appearance upon our streets caused no small Amount of excitement, such @ large num. ver of Orientals in sight at oue time being a matter entirely out of the usual ran of things dowa this way.—Movile Tribune. March Ue WEDNESDAY, MARCH 29, 1871.—TRIPLE SHEET, THE BRIE RAILWAY LITIGATION THE ENGLISH STOCKHOLDERS. A Bill of Complaint and a Demurrer, Erle Managemen i eR it, Opera House, Ballet Daticors afd All. Bx-Attorney General Hoar Denounces the Tho autt of John B. fleath and others vs. the Erle Railway Company and others came up yesterday in the United States ifcuit Coart, before Judge Biatchford, on argument on demurrer to the bill of complaint, A talented and able bar appeared to defend the interests of the parties to the suit. Ex-Attorney General Hoar, Mr. William M. Evarts and Mr. South- mayd are counsel for the plaintif™, and Mr. David Dudiey Field, Mr. BE. W. Stoughton and Juage Curtiss, of Massachusetts, represented the defend- ants. STATEMENT OF FACTS. The bill alleges substantially as follows:— aliens and inti are G The piaintiffe are New York. The made. December 81, 1865, 200 was preferred rectors. ‘In Uctober, 1887, n by acombtaation belween the defendants resi shareholders of the Ere, Charles Burt, having its of Rail- stock re books. Burt holds a cer- of attorney for its th a power ay has refused to allow Erie Raliway capital of stock. such I 5 It has seventeen di- new directors were elected Sue defendants, Gould, Fisk and Lane, and one Jobn 8, Bldridge, and by means of the pur- chase of proxies with money furuished by the Boston, Hart- ad Febr ford Ratlroad the iy to be tasue {he sale of the stock the; oN rotection, as well as sanction of thie issue of any of the wy im nndunfourded claim’ mi the Gould, Fisk and Lane have bands the entire control” of days cartier beid proxies for 168,640 bill show that at this time « acquired Dy the the Tunds ‘ot the Girectors was elected in. "Od dM —* larch, 1868, sed 0,08, out, A by Paying to Schell Vai company. “had prac in part tn some form, directly or indirectly, of © iirle’ Railway ‘Company. "A board of several of In aud Lane, of eae a “and if y paid the company o of to jettlement of Soe, nderbilt for Really in their Ratlway Com; yuld, ange Tor convertibl mnpan; ‘exchange for coi bonds, and they or some of them received more money = than for nda. These transactions being ia violation of an injune- tion, the defendants (other than the company) jew York and spent money of the company for t procuring the sHo0k. was pal ual thelr fo from the {tia not alleged that 000 Com- the Ifti- coin, +) i (0 oul or Fisk’ foram “flegei Gould received about $6,500,000 on Since gos i er” (Frevius f aS passages of the consisted of over 420,000 ebares "Gould and Fisk 4/4 not own the stock which stood in their Bames upon tho books, and this stock bad been in etober, whom pledged themselves, before their election, to sup- Gouid's policy, ‘and from that time until ‘October, Ise, ony two meetings of the board, were held, and hs company were managed entire! ould, Fisk and Lane. Tie. report of the company to the, ny to the Legisia- ture for 1869 does not account for the proces of $23,500,000 nominal increase of capital. The convertible bonds, fearf discount by Gould, flak and Lauer o's groat ear ald Pak ‘an F teat ‘ep some. of themscives" and. to then pafters ‘or dice of the former. manner such The di by but classitication” w. boi existence when ard Movey of the company was the passage of this law. The preset as not made the law was expended by 1 been purchased by , Steamship Company and Lane are interested) to the preju- have been classified in @ atatute passed in the aa enacted. in procuriny mt board was eiected oF the votes of persons whose names appeared as shareholders ‘on the transier books, but who had gold their shares; and it is Jn the interest of Gould, Fuk and Lane, defendants have refused expenses of collusive suits, in’ fucncing public elections, an in wenting the ‘An increase of 31,000,000 {a the nomi process.” of the capital, during 1s report to the Legisiaturo the company have diminis! ‘Satisfy the claims made against And, upon information and the board of directors elected designedly so made up ssesses no independent an ie, but acts at all, is’ t mere eged by said Gould, Fisk fon of the new year, when even the nce of was tore rea h nee ew board in October, i Lane have had, and sill ha unchecked control of the said property. and all its affairs. And the orators, uj that William M. Twee Lane, in thelr pany, to ‘and, ‘as the orators believe, interested in many of such a control of Gould, Fisk and and triding interest as shareh Comesy. among Justin D. ite. the assistant other capacity; Horatio George G. Hall th rge C. the su pangs and that M. Re members of the boas ad of to make them independent act being the policy, of (Go are in check to the relatic Lane, a8 have prevented an: in any way causing to be exer Erie Railway Com; them of the enormous amor wrongfully and fraudulent); Company, and that some of the of the are held, And the orators further show, equities, claims and demands, Com Gani P Firs at the defendants, Gi the company’s affairs. ‘Second—That they Lh fasue of any new stock be e ‘appointed. ‘Sizth— same effec The demurrer of James with the Erie Railwa; A. Lane, as co-defendants, to la Heath, Heath, Edward Lewis Raphael, Ham Henry Queade, Eric ‘complainants: 1s not accounted for by for that ined, 1 by Fisk and Lane ta October, 136i) 1s "Fores as a@ board, in so 1869, as ve, practically the absolute and the said Hen N. Smith Gould fn the firm ‘of Smith, Gould, Martin & Co. of the directors. are, salaried employ. # of the mpany, holding their offices at the pleasure 5 and Lang, or of Gould alone, and are under ihe influence and ‘treasurer, father of the transfer clerk, and himselt = terpor plane and operations of Gould, F: an Lane, supported as they are by an ovcrwhelming majorits of the board in their interest, and that they are in jon: ial “or otherwise, Gould, Fisk aire nem Cine ‘pogo the o not attend stich meetings, Lane, ing of suit in the name of the com {pect ne ec The prayer of the bili is ‘account of all moneys received’ by or for since they became directors, and ot all thetr ma: Robert ‘Amadeus Heath, Carrington Smit to transfer 16,770 shares Stock. Money of the company has been used in aying receivers’ ear. The net stock them by this bill. “ Y, Tor, controlling far instrument of their he and that as matter of fact the board, in so far as it has act does act in‘ entire subserriency to pel Gould, Fisk and Lane, and that, although it may be true, as and Lane, that since meetings of the jolding directors’ mee well since the election of suc! before, Gould, Fisk Corporation, tts funds 2 schemes and acts; was = copartner it ‘of Gould, ying fees, in in- ice of al amount the annual garnings of and bonds have fallen in market value and {ts credit has become impaired. Gonid, Fisk and Lane are not good managers and have lost money of their own; and they hi of the jef, the orators allege that 6 procurement of tiould, s0 constituted, and was ‘them. as that the board Gould, as it will directors beon held more frequently than during the preceding ch and and a their information and belief, allege is in full accord with Gould, Fisk and schemes and acts for private and pei gain and advantage at the expense of the Erie Railw: id to the utter aod aud encrtiion of its interests, Com- id is personally that of carte ie, and have only a nominal jolders of she N. Ons, the the sala such position and way that re, Me Jobn Hilton, the clerk or agent in secretary, IY agent of the Erie Railway Uom- imons, another of the directors, Substantially like ‘position or relation with Fisk and Lang, except that he is a salaried Narragansett Steamship Company, which is un: agement, direction and control of Gouid, Fisk and Lane. ‘And the orators believe and charge. au employe of the derihe mane that as to some other ch us Homer Ramsiell, Alexander n and some others who’ are geultle- intrinsically proper. direc- Treason of it be not 86 any atl with 4 will prevent them the te pow which they directo: ‘ot being real meetings of the set forth or menti ors for the company, under ordinary circumstaiices, their jon as such direciors is, as the ora- tora belfeve and charge, compromised by under some pledge that they wo id or resign, and if too small a minority to int ther id either support ut the} atta sucl and from corporat er of the pany to bring Gould, Fisk and Lan count for their past m{sdeeds, and to compel restituts unts of money obtained from the funds of the to ac from have the several rights and ims and der as in favor of the Erie ny, which are bereinbefo ot Ge enforced by ault brought half of said company, for the reason that the cont company is now wholly in the hands of said Goul ‘and the orators are wholly unabie to procure the brin, orn inthe name and on be- trol ny id, Fisk and ould, Fisk and Lane render a njoined. Sr, defendant, jay Gould an i@ bill of complaint of Lewis Raphael |, Henry 5 Chi all funds due on such account! Third—Tpat they te dusted from oilice. ve Fourth—Tbat the issue of bonds convertible into stock and a receiver of the property of the company be bat a preliminary Injunction be granted to the THE DEMURRER. 7 The demurrer is suvstattialy in the following jerms:— Frederick Joba leory Bui |, Wile aries Bi i, ‘Thla defendant, not confessing or acknowledging all or ‘the bill to tie them to any were accomplishe toe bill; Railroad Com as it is therein stated that lation of the corporate and the defendant, Gerseit Vanderbilt are ne i the je Ratiroad Company’; Goula, Frederick A. Lane any Justin D. « Otis, Chi Alexander 8. Diver Cnapman, Horatio Homer Ramadell, Smith and George to. the as it states were elected directors of by ut 00 “th J) mG oul yy collusion with Jay Goi Bnd’ th “And further, th lates that they recerved lar Tagansett Steamship Company Deb Pine bill Henry Thom Cag Tt) getner wit’ the defendants, | set aside, and thi be true, demure the company received a last named Frederick A. ‘amounta of money John Hi re that Gould, Ei these Fink he persons last named gf the Erie Company. di collusion with: ereio, and that the complainants have not, by the bill, made a'case discovery or rellef, for ry the defendant, He further demurs,'that by the complain bill that John 8. Eldrid; Thompson, Levi Underwood, Joseph Bardswell Jordan and 8, Whitney aren parties the bill, foasmuch as it {s stated’ in the Dill that all’ of these persons were confederates to secure control of the Erie allway Company by illegttimate means for the purpose of t gain, which purpowee al made a unds ‘and further, that the Boston, Hartford and Erie ny fee Beceseary party to the bill, inasmuch lary Amount of money rom the Erle Rallway Company, 1a vio: com- Lane Richard Schell and asary parties to the bill, as the from the bill, use pany had cacatired wrongtul Kani way, Company , by collesion with, | Jay Gould ¥rederick A. Lane and this defendant, of which gains a: accounting Is demanded in the bill. That William M. Tweed, ‘hite, John Gansen, O. W. G, Sisson, Abram Gould, fiion, Henry N. necessary parties ersons, to Pand ban a William M. Tweed the with the defendants, spect of of pri it fe alleged their bill, buve owes ip such manner ani dant is not bouad to answer the be dismissed. Court whether he shalt be answers to the bill or any rary.o be hang iamiaed with his reasoual LRQUMENT OF MR. DAVID pitnrew ror Of SHB Diu sauley Field, in aye ment, laid before the demurrer, and submitted other points:— The bill states no cause are to be sidered as Sevemnt if pare ea ken into alle, i that sete hare boan i and anal ertee. or of which is a mere legal ery d ietarl d ich ‘The charter allows the purchase: ind | entate. Whether such transact! were honest, is of no importance for the put of hase of its own stock and the only stat inquiry. Even the pure! rer vat common” law, suc! made vires co vision foro! poe is ss ure) byrany number of stockholders, ‘any nul of which erolude the possibility of the decision of the poration in motion in case ft dec! rapes of. The bill en! of incon Tt ts averred bods others are char, tn th nine would suffice with no fat move Gould trol, Only five of the seventeen It i ox alleged that claims and demands in favor of the company, ‘company is now in thi the orators are wholly unable to in the name of the com mere conclusion of law. Imposaibihity of attaining only reason given fs “that the cont wholly as pl the expense of ly interested Ly the demurrer that the complal form as alone is es De ooh Os. od by the rules and practice of this cou! be same abould bill, but “rhe defendant, therefore, demands the ‘thi wers of corporat Monited. "Untess “the statutes without at submitting Nace to repudiate to show any such that at least five of the directors iven, Ganson “and some others") are lemen. of character" and ‘proper directors, ult except that of corporation at the pleasure of Gould. A tore from the preald the four “salaried employes” would be released from are cl for the most the directors know nothing of the acts charged Theaverment of the Dill, “that the several ri ol cannot be enforced by sult, broaght in, the name and on be. half for the reason that the control of the e hands of Gould, Fisk and Lane procure the bringing of & laintiff against tit ‘No facts are averred to sho relief ee in the bands ot Gould, Fisk and nm that he ts fo ’ i Lane, Gould, Fisk and, Tea defen ndgment to sake lu states costs In aE following am by nad at eetlng d, Fisk and Lat any is ni of the com) Lane.” {It cannot of th ‘any further 7 while fou holding oftice vote of these and his I @ lengthened arcu. the Court as views in support of ong harged with any fault. the majority of Poke in the bill, hts, equities, way Company be- h the corporation. The ow be legally true that a corporation which has seventeen dircctors of equal power should be wholly in the bands of three of them. What has become of the ot dead or absen! er fourteen? ‘Th or incapavie of acting. tloned in the bill aa very worthy persona. Several are m ey are >t wae If there is any phystcal or legal reason why the fourteen cannot with- Stand the three it should be stated. Neither does {t ‘appear the stockholders have been unable to meet or have been prevented from taking action {in defence of thelr own interests, Ou the contrary, it ao- that two general meetings of the stockholders have n held since the commission of the acts most complained of; and although it is alleged that, by various devices, the confederates secured meetings, it not was cast in osition ry or (in 1868), there were 27: were in any Was _no oppo! votes were cast, and miscellaneous 4,784 votes way ‘controlled by Gould, Fisk or Lane, sition. At the second meeting (in 1889) 355,000 4 business sing single of whi jority of the votes at these that Was raised in favor of an investigation. At the tirat ich only 158,640 et there vote voice ngacted; and still there was no opposition. Nor is there anything to show that the stockholders could not have been convened in suflicient to Before such a suit will lie be di e been exp: requested to bring {8 in the name of the corporation, must have refused to do so, The bill shows a practical confirmation by the corporation ot many of the acts complained of, the issue of convertibie ponds. articularly ms to ree * the benefit of the money that has-been raised, inst the directors they personally, compiain of haye done by means whereof the company obtains that this it is clear that the company ate “take an as f the ‘soul wie benefit.” The plaintiffs cannot stand in any better position than the corporation itsel could not sustain this This bill cannot be ai ants, that is good Charles Burt, who is one of the the face of the DilJ not to be a stock ‘way Company, and is theref< this suit, The bill not on! stands in bis name upon the preamy, avers that the stock, not been transferred er tions that to him, but Burt te and that he “‘is entitled” to have them standing in if; and if that bill without offering to money received by {t from the trazsaction which it sought to set aside, stained on bebalf of an; one of the plaintiffs unless it can be supported on behalf all, If any of the plaintiffs has no equity ground of demurrer to fore ni does not show that an; books of pon the a the books of ti Mme “the owner and holder” of twen! t were the the whole ‘the defen: bf plaintidr it return the or id= Li. laintiffs, a1 Q der ii the frie Kal the company, but basis of which he s ands in the names ot entitied to any relief in ak steck of is name, mere conclusions of law, which amount to nothing in = are pleading. But even if th Of fact, they would not corporation, They only been wrongfully prevent fon and give him aclaim for leged fa the bill Burt e company for dam the of his stoek, value in refusal to could be Tyros i the. ehusee tat be rove, at the ul at he has from entering into ‘the corpora- damages. Upon the facts al- had iv ny e allow the transfer to him. arded ag averme: jm @ member of t! a clak 1 amount uence of ‘con: ‘his claim for dami nts his inst ot ft could not exist if the mere purchase of tho certiiicate, ex- ecution of power of attorney to transfer and demand ol transfer made the | pul It ts for the to eis eight of absurdity to allow a ressy a rer of into his refused, 1s not» and cannot one ‘The other directors are necessary p: ockhold plainuit, and js that the corporation ought to, but fs asked against 4n the suit is no excuse for Tectors. Among the objects of the suit are 2 suspension or reinoval of tome of the directors, Neither of these measures can be of receiver and the become “a ler, as ag: the corporation, that he rehaser a member of the very reason has “stockholder,” that allowed to recover damages. It would be the person thus situated to recover the full value of bis stock in one action, and to take in another action all the beneiit which he could derive from tne full possession of the stock. But we are not left merely to our own reason upon this point. It has been ex- The corporati will not sue, and No reli Noaving out the ite presenct judged that a person who was entitled to the trans- jaime, but to whom suich transfer was ist Codie open court of equity. arties, oration itself i wrens formal party defendant. It ought to be the he very theory upon which this suit is founded ion 8 di- 1 appointment taken without gravely affecting the rights and duties of the remaining directors, and they hat Tight to be heard upon these questions. Obviously The appointment of a receiver would deprive all the he | affals ‘th a irs tainly might the si fere with the administration by the remaining ble to grant the the directors, as {t would thelr pawers, ‘The, very facts wi F the purpose of shor \e under “the power of the fhe rely, ny upon which thetr right to sue, Are not ail suficlentiy Gowid, Fisk and Lane directors of any corporation. pension of three directors inter. rate affairs objectiona- of directors, It would be equall injunetion or restrict. ‘are conclusive evidence that the And no the cor; without hearing in the exercise the | plain tutte power over less cer- all ot facts which the plaintiffs allege forporation le entire! andividi defendants, an ‘8 ‘assert directors represented by the corporation. If ave supreme and exclusive control of the corporation, as such, other re sre not corporation's counsel, and have no no- tice of yo fe done in the action. The Bos- ton, Hartford and Erie Railroad Company ts a Recessaty party to an in fon into the alleged unlawful and fraudulent acts affecting that company. If ‘ jo ae ware, unlawful and fraudulent the Bouton, tiart. ford, an Erie Company must refund. That compa: ot the fraitsof the fraud. The allegation is that Fine and Lane were the Instrumente or the fraud. will suit in equity lle against the & princlnal or and has the to be adju and that the money obtained Erie Compan: by riford and Erie. refund in the first instance, Boston, Hartford and Erie Compan; to leave the parties to double suits instead of one. M. Tweed ft ta expressly charged sai its without the preset of the party witch has profited by the roceeds of it in its possession? Suppose it ‘that the acts were unlawful and fraudulent, the Boston, Hartford and ‘should be restored to the Erie Hallw: y, the ultimate restitution must come from the y for has noe of fraud, ay Come ton, ‘To compel Gould, Fisk anti Lane to then turn them over to the reimbursement, is Wittiam and John 8. Eldridge are necessary parties, because that ‘they were parties to the frauds and, indeed, that s considerable co art of the alleged frauds were committed under the direc- Eldridge, The other for the benefit ics =owho are named be have, been brought in, for similar ‘reasons, \arged with having participa eine the” alleged frauda, Ci Richard Schell are ums of mone) expresi large collusion from ly ‘These matters cannot be fairly investiga ing in the parties thus charged, by of @ demurrer isto compel the cornelius charged wi ‘name, wi inthe wrongful acts of the defendants.” The jotifts to conforma’ to the the demurrer With ite directors and without any consideration. without. bring- ith participating ve ought ey ted na greater‘or I ‘anderbilt and r ith having drawn the, treasury of the company by rules and practice of the court before the defendant shall be bound to answer him. A demurrer is ‘The defendant remedy by moti ‘thin more formal the plainuds. He said:— could not get relief in equity in this co ti or Juste and he, hoped can be E 5, sa'goou naediag 1a a court an, ‘said was uniaw(ul Dut going far berond ft. inverted them lo their own bill would Lane the Erie com dends on pre! plunder of cot ment in a civil court the internal affal Farglz, that, any suc rece! any had in rate Deceasity olders for their own protection, because the plalutifis say that there probably never ruption and villany, where noth! the court, adminis Justl would suilier for their he could think was horse bil. But, yperty ‘any other interest ; fntereat “Yavrorery “afecied “y yee decree Tort jection to Hotniag tm the ‘nuit a was the attach to i justice were not done looking f point, which refer be sustained on bebalf of Sar one ‘on matotalned court of and By or’ equitable interest in prod . equity. The com. ng. Ue obverved thst many ot roc alleged in fore poration. devolved: upon #0 bet existed orporation nt it 000, wha HRSaHTSEs cot cmmmancarnal nt et This he (Judge not within the spirit of the | ved these use, as the fi Y yw. Under the management of Fisk, stopped the k. This waclesale, epre property was not t> escay country. He sought to bring bel 5 Of this co Tew cede and « ons 4 ents of div! Paepredation ‘and uunish- roper form for a ion to take the bill from the files, but he has remedy also. . | BA AETORIPY DAERAY HOA? pA TAINS Ex-Allorney Geueral Hoar replied on the part of Sytesy art |, io lor question con- fer Serene "s counsel, Mr, stated ot to f-) 4 was a Hockholder, fact was fraudalently with: secondly, He'ana rT ¢ itable rt the the as very ok Dus the strong arm jee to the persons. injured, . The only analogy which ection. ki only r+ all Baron found Ei lly aw ie, ihalitn, Aie Sond bolders would find in these men noth! ing but an engine ‘beasts—worse, in fact, than wild beasts, ‘seemed to be never satiated, never gorged. Did the te maintain that this bill disclosed maitere of inter. t be confirmed meeting called rights of the plain ait becaues Loud et ‘of Legislature ; could of destruction—wild for they det Sd caso thelr” 60h at ‘ poxels oF distmbuted broadcast fein winch no" oso gah cpnaoarann.s veue ody, be made to disappear and” Tae secant one ale ci this was merely the interagl nt of the coe og DY. 1 Its stock selzed by depres ay wholaaale It =p ropriation io uses Pnich the’ law prohibits, nd, 80 far fas tbey cou! ‘anything, exce} inference, 16 w funder thelr control or was wanted y them. ‘They rg ray with #2000400, "ina. ingle year, yon were again ‘elected! ‘This plunder ‘had gone om under their eyes for years, and had becomé the + NOt On they Flak, Gould Overy Der fo with the concern—he sup- J BoPaner dancers and to sifeue mad Wincaveiita reese” ‘Court, continued Mr. Hoar, could not. try the title of. . To his oca ere wad ao guaranty There Wag that fore the Cours for hs 8 fds aa he ad ietred to Of the proj of the company that the corporation could ‘com n. erty ‘the acts because @ corporation had ne r (though i might by a ity express tho will of @ mmajortty), Machinery to devote to other uses'than the legitimate objects for which the corpe- Tallon was created any portion of its y in violation— in intentional violation—of the nority. After couchided his It was five o'clock when the Cuurt rose, and the further argument was adjourned to this morning. Petition of the Citizens of the City of New York to the Legislature of the State of Now York. The undersigned respectfully represent that the New York Central and Hudson River Rauroad Com- ar is now paying dividends to the amount of $34,266, and upon the sum of $47,928,390 in excess Of vhe cost of the road and property of the com. pany, the said sum being made up of $44,423,330 of Consolidation certificates and $34,500,000 of the Capital stock of the Hudson River Railroad not called up, said certificates and shares represent- ing no portion of the cost of said road, but ba: been issued solely as the means or instruments dividing an ivcome from such road greatly in ex- cess of its Cost, And we further represent that to pay said enor- mous extra sum of $5,834.206 annually the manage- ment of sald roads resorts to iniquitous and op- pressive devices, and has, in violation of law and panic right, seriously injured the commerce and usiness interests of this State aad outraged its citi- Ske wit:— : a ‘ levying pressive, discriminating wi ane op 5 ay By increasing ita rates of commutation: By irregular rates of freight in summer, to destroy competition and business on the Erie Canal and Hudson river, and by cruel exactions in winter when there is no competition. By excessive charges upon articles of dally con- sumption tor the city of New York: By projecting branches across wide avenues, tm the suburbs of said city, without adequate protec- tion for the safety of its citizens: By locating its depots for itsown gain, without due regard to public convenience: By failing to furnish comfortable and cleanly cars, vy by running such as are too filthy and disgusting for use: By ee biter: lorena — ite trains or compelling them to pay extra fare im palace cars, when there 18 no accommodation provided for them elsewhere: PO aed to maintain in proper repair its rolling By failing to maintata a proper system of signals, by nich death has resulted: aude i B watch, or guard, y to keep & proper upon the road, by which death has resulted: By sudden, uncalled for and inexcusable changes in rates of transportation: By purclasing and holding property tn real estate for speculation and gain: By allowing its officers to engage in business done upon said road, the proceeds oi which do not go into the treasury thereof for the mutual benedt of all the stockholders: By using its money to control legislation: By issuing free passes to public officers and mem- bers of the press: By arbitrarily and without the color of right tak- ing from the pockets of the many and filling the Dockets of the tew. It has created a moneyed aristocracy, irrespensi- ble, grasping, dangerous, Its language to every interest is “Stand and de- liver, and to the uttermost.’” It controls and resulates commerce and levies taxes In deflance of equity and public law. its unjust charges are an embargo upon trade, the very lite-blood of a Siate, and nave filled our ware- houses with merchandise, awaiting cheaper trans portation. its oppressions have, in many instances, driven trom us important industries; and, in every in- stance, has this mammoth monopoly consulted ite own profits and ignored right. Its anomalous -‘consolidation certificates,’ con- ferring all the advantages of property upon the holders, escape taxation. ‘This road was chartered under careful restrictions; as these have trom time to time Leen removed it haa abused the trust and forfeited public confidence. it 18 a public highway, constructed for public use, and the public are entitied to all the benefits result- ing therefrom beyond the adequate compensation due its constructors and operators. Upon this plea wus its charter asked for, for this purpose was It authorized, and sound policy will permit no depar- ture from this principle, It certainly will not do to let ratiroad corporations, singly or in combination, usurp the legitimate functions of government or un- justly oppress the ple. An organized effort to correct these abuses ts de- manded. We therefore ask the Legislature to pass laws to Tegulate the rates of fare and transportation on this and every railroad operated by steam within the limits of this State, and make the same as near uniform as may be, and so that :he amount col- lected shall in no instance be more than sufticient to pay an annual dividend of etght per cent on the actual cost of construction and equipment, after paying operating expenses and reserving suficien® keep the road, depots, bridges and rolling stock in perfect order, and providing that all in excess of this shall go into the Treasury of the State for the use and benefit thereof. Also to pass a law authorizing the appointment of commissioners to supervise the operations of these roads, to see that they are made safe, and that the laws in regard to them are complied with, Also that no such railroad company or corporation shalt hold or possess any property in real estate save as an easement for public use, That no free (smd shall be granted. Also prohibiting under severe penalties any officer or employé of such roacs from ing, pecuniarily in- terested in any business done upon the road where- with they are connected as officer or employe, save and except where the proceeds of such business goes into the treasury of said road for the mutual benefit of ali the stockhelders. And to enact such other iaws as will cure the evils complained of. re are the signatures of dry goods deal- ers—H. B. Claflin & Oo.; Hoyt, Spragues & Co,; Me O. Langley & Co.; D. H, & M. Arnold & Co,; Spauld- ing, Hunt & 09.5 | Arnold Gonstable & Co., and many m™ yt — ~ PHotchants—N. L. & 0. Griswold; ‘Wetmore, Cryder & Co., and others. 7 Sp i on ore, T. Biyiixes & Co.; Libby & Clark; Brooklyn White Li 10., and others. id9 and Leather Manufacturers—Schultz, South- Co.; Frazer, es & Co., and others, Dealers—Hart Manufacturing Compa- 8. Haviland & Son, and many free is i EXTENSIVE FIRE -AT SING SISG. Tho Loss Estimated at Sixty Thousand Dole lare—Probable Incendiarism. Shortly after two o’clock yesterday morning a large frame building on Main street, Sing Sing, owned by Reynolds & Young, hardware merchants, was discovered to be on fire, and, although the Fire Department was promptly on the spot the flames communicated with two adjoining stores, all of which, with their contents, were to- tally destroyea, involving a loss ef not less tham $60,000. The basement of the building in which the fire originated was used asa police station, while over the hardware store were numerous law offices, the upper store being devoted to the purposes of & public hall. The flames spread witn such flerce rapidity that a few families living in the upper por- tion of the houses -had barely time to escape in their night clothing. Among the heaviest suffer- ers are Reynolds & Young, who estimate their loss on bugding and stock at $25,000, on which there ts an insurance of $14,500. The other houses were owned es patead del | by Benjamin Turnstail and Jones Brot! ruggists, each of whom had only @ partial insurance on their property. James Howes, boot and shoe dealer; D. Roman, clothier; and Sam Fairbanks, milliner, lost nearly all their stock, the amount of insurance on which could not bo ascertained, It was feared at one time that the Post Ofllce would be destroyed, and accordingly the contents were speedily trans- ferred to a piace of safety, The ongin of the fire remains & mystery, a3 that portion of the buildin in which it was frst observed had been ‘anoocupled for some days, Tue OLDEST MAN IN BosToN,—The oldest man tn Boston, James Rogers, of Ward Fourteen, who 1s 104 years Of age, bas applied for a penston, under the fact recently passed granting pensions to’ soldiers of 1812, He served in an Ohio regunenty

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