The New York Herald Newspaper, April 4, 1871, Page 4

» To the Bo AiMonity m opt: ining the Seen, ent ‘to cut off nobody from at the remark of the Souther: members shou the bill would ‘understan RESS. ONG The Senate Still Debating the Southern Question, ymperiiled. His e the timo He had a# much lotercat Tepited that it was cy 10 oppose the bill, but, w proper that yeutiemen from tbat section should be along conversation the result was an acreement that the general debate shall coutinue to-day and to-morrow, with evening exeaions, and that the House will meet \o- eleven o'clock, ant that on Wednesday mort Ye Dill under the ten minutes rn ndments be deciied 48 in committee of the whole, . SHAN KB, (Tep.) of Ind., said that the people had deter- mined by the result of the late war what tboir rights were, an bad dectied that the natioral government was superior governmonte, He might ¥ not want to see taken out protecting the citizens of the South in their righta of liberty Ths vernmeant never encroached justances were numerous that States had encroached on tue national goverament. because of the .atter that the vote was underiaken to ent: obedience to the national law for the preservation of the Union. The controversy here was in the revival of the old States ri,uts doctrine—those who formerly sustained it ald | ‘so to sustain slavery, and now ti the changes of cirewmatances rest Tue devign o. the op) his purpose under any: heru counter, 1 Rale at the South, for the amendinent ; the bii! the means of Debate in the House Over the ‘ Ku Kiux Bill, WAasntnGTon, April 8, 1871. JIGHTROUBE ON THE JERSEY COAST. Mr, FRRLINGRUYERN, (rop.) of N. J. presented a memo- ria) of mumerous shipowners and merchants asking the erec- Won of a lighthouse on the Jersey coast, at Berwick Bay. PIBPOBAL OF THE PULLIC LANDS. Mr. STEWART, Top.) of Nev. omfered w resolution direct- Ing the Secretary of the Interior to tnform the Senate under what laws individuals and corporations are nllowed to hold large bodies of public lands and closing them (o settlement, DEBATE ON MB. GHEBMAN'S RPSOLUTION RESUMED. The resolution of instraction of Mr. Sherman was taken gp, on whieh Mr. BLA, (dem), of Mo., was entitled to the Mr, Br.atn quoted from the debate fourtvcath amendment war un the construction placed upon it by and held that it was plainly ¢ the only power Bilegisiution which Congress had uncer it ‘Prevent any violation of {tx provisions under color ‘The measure which it was now proposed to pase was an aesnimption of the power of Congress to punish violation of Btate law. This dang med by Congres, mas, ant coubtiess wil, be exercised at some furuie cay by in the North, ‘ap to carry Opt the design of that lie carpet-bagyers and their ‘Applied it 19 opposition to inj, trom the emancipation nents of this biil wae to ‘et control of the Southern States for political purposes, and euce thelr attacks on the President ai Mir. KANGRLLA, dem.) of N. Yo opposed the dill by the stories 0} tured for the oc- said it was aite: ntoried, distorte! and manul argued that it was unnecessary and unwarranted, assage Would be to overthrow the 11: 1 people of the South we: our raceare no! sat iundered, and he Invited attention to the government which had been placed over the South withont the consent and against the protest of tho governed, and (o the character of the men who bad thes hen forcea in contro: of the Southern States, of the South was growing worse wher the been adopted it abuuld be abandoned, South tert io manage thelr own affairs, ana bring tho States to 2 conaition of peace and prosperity. Mr. Van TRUMP, (em,) of was intended to savordinate a people.to the aiseretion of tex of the people. 'f with thelr government, because men Isfed when they are iexed, the coudition | fae poopie of the \grens, when the sideration, to show its authors and support: ald dowa at the time that Ooppored the: bill. rtion oF the American military chieftain, the roposed at the instance of the /’resi- ee had been addused to gow that | any jusifucation existed for the oppression of tho massos of | law abiding citizens, Was thero to be no end of pevsecu.ion t ‘Were the Southern people to be hunted down ¥ and not mercy to be dealt out to them for all time itable as Chistians, and wiso as @ spirit of the | of this legialati remorseless et of scoundy ‘amd wbstiors, wns to codtinue |'cmeral rant perpetit- statesmen to keep ally I was brought about by bad men andbal counsel on void sides? amnosiy aud conciliation, Let g Inke thoughiful sialermen and not os cruel partisans. A more comprehensive scheme to establish a one man power bad never boon introduced suet ¢ biil, and especial pend the privt.eges of the wrl sure of the Presidont, power. ‘Tho repuba united on tisle subject. ing in the matter, dit not seem altogether bad a great deal of eattous- nd alihongh # majority had agreed, the minority were not ine!ined to icllow them Uptii the mandate ot the President was rent in; and then the new crusade agaiast tle South was resoivec upon. by partisan motives he might be glad to see those reconstruction usurpation’ continued in the vain hope of controling tue politleul power of the Sourb for political It was very easy, of course, for the men whont ¢ South had repudiated to. manitfacture stories of outrages to further their eiforis to get back Into power. The system government nnder which the South 18 ruled fg the dlagrace of our age. This carpet-tug 6; ‘by which strangers, adventurers, men of no character are eople Whose sucestors made thee states t is ta the inter: because they own t! and pay the taxes; but it isthe Juterest of these carpet facture and magnify t upon which they fatten. ‘The pros; ecia o1 were so alarming that something must be done. The people were clamoting for revenue reform; for a reduction of the by which millions were wrung from them hey were searching very closely {uto the cor- Fuptions and venality of the racical ‘party. ‘The rank and y from ft, and something avett, The radical gong was son te od disorder, excelling fa Feceded them, Virginia of Ku lux dis. that portion proposmeg to su of habuas corpus at the plea- Mr, BUCKLEY, (rep.) of Ala., sald the assertion was false that {his bill was to be passed with a vicw to continu ryetuation of the republican party. ‘a8 {or tite purpose of simply protecting not only repduil- cans but deingerats, even Women and chikiren throu, the Southern States. ‘The caus wan the spirit of the rebeliio Af be (Mr. Biair) wae | Jn the contrary, it of the disorders tn the not armed as heretofore, but tem is percecily infamous, setting at nau ‘on the newly en‘ranchised cjtizens. He remarked that the affairs in the South is anarch; nection read from democratic papera of the extent of Jawlessne: portions of the South. rwing over the gers to manu not only in that -é were hundreds of tioasands of le citizevs of Alabama who would welcome any mea- peace and order out of lawless. ¢ terrible apprehension of in- roneriy. p.) Of Nr. Y,, referred to the evidence of outrages in mont of the States’ Intciy in rebellion, aud of organized conspiracy, political In character end military ta where violence promises to render fc, In oases where eituer p: strongly dominant they do not prevail. Republicans only are the viecims. ‘ne constitutional power exis protect its citizens, or if, as Jetlerson Davis ha claimed at Selina that Stato, sorerelgaty ts to triumph, t Empire State demands protection’ for in Alabama and Virgin! rnment for. tha if the radical party gure that would tend to brin; nose and relieve them from ti muat be resorted to of outracs and mi maiignlty those which bad ations against t State form, They occur on} Tuere were no allo, the district democrat! brders, althou: those obscone hirds of prog, the carpei-bagzers. the crusade made evainst Nerth Carolina: she had succesded in throwing of the rule of the carpet-b gers and bad returned to the prinot ‘These stories ot outra_er in North Carolina which had been related before the conimitice with clo-ed doors w.th Do op- portuatty ior refuiation, were the utierances of men who veil by any one, Out of the mouth of Gor- emor Holden himael! were these fa‘sshoods expoxod. In his message to the Legislature Governor Jiolden said express! teat no aisordera exinied in North Caraliaa. Alludnng to struction wots, Mr. Blair said that whenever th Supreme Court had any oppor nected with them ft ig the naiion to imply because ple of free government the ald of the pational: carpet bag haa beon ma: uguter. It must mn of the new barbarism. Our not trom centralization. The Ku Ki threatens anarchy. The cha pation, but of tyranny by people acting unuer the const State to full representation. @ proposed pill violence under a Southern ‘The same arguments now employel prove Congress guiliy | for saving the Union and restoring the States. T tive to the proposed legislation is hope: only by sheer exhansvon or the ex by the President. t hearty co-operation of the Southern people. provite the conditions; adm ftacles, The Senate Commitie | Hux ‘mystery. are not of Exe: ress; of despotism by the Yet Cougress had re- ABS UPON any ues iuvarlably pronousced tem i they were unconst- ent the Supreme Court from Upon its reconstruction measures. He sald arty, while { Velloved thelr acts to be uncon- Rob, ws bat been charged, intend to overturow ‘The only measures to whit wld resort wore constitutional m fieation will reqy Completa pac’ Legisiation can *h the democratic ration can remove ob- has let light upon the Ka fan quoted from abould disperse the carpet-bag government by tore | Mr. Barn anid he was not the democratic pariy_ and the | deuiocratic party was aot air, ssial md he repeater thnt the tonui to use vivie! ftutional acts of Congr crush out continued violence | preventive, educat! “The proposed law will be ionn!, remedial. 4o overthrow the mncont lair) had believed and did b dng taken an oath to support that constitution, two that oain, whether ngainct Congress or aga uals, for he belfaved that Congress violating tae 6: be had earl thet the ariny sould de to undo ite work of usurpasion, and Le sald so | foros would be necessary, far if the army was © infanous carpet-bag | Mr. Biair then referred to aa address al- i during the Presider A8ls to the negroes of North Carolina, advising then barns of tue people w politics, and which, on the maid, had becu writen by United 8 “a's cease dovic uthern heart.” | eake ana the honor of the Ui he republican pai and all the power o to perpetuate the equal rights of evory eitlzou by ¥ ‘no more than a mob. meat would fail jal canvass of reed them on account of 8 Senator Foul and | 1 | beut yor K. Be aad At e f States would, { possible, ‘ACUON, Rid NO seNsLVie MAN Cou it Mr. BEATS, resumine, 6a ns the testhnony of a begra be that the negroes has confess barn-burning by Covernor Holden ad teen mote Io no Ineans been co including the these disturbances, h was for the p he radical toxet. “7 the Senator fora Obto ition to envore the lives and property ‘Ghts bul, Sf passe sedition law and wou i, ad AB Ly OM repubtiean gov of citizens of ibe United tat into law, Would become as hateful a6 the | Lcover fts authors and ep. jal position, they would ve | nd red lights end every ote her eppurtepance 1 the support of the radical * | waste eltbe: gentleman neked what Ne meant by late fen dmade a misiake, but perhapa the publieans consider Mr. Samuer dead and twiend to bury | him politically. Mr, DAW&S informed the gentleman that the Senator s been guormour'y air. Morton, had th d ow deniveratic papers of Ken- vo some extracts Papers of South Carolin r Dijean papere of South ality of the Lois Gorernor Seatt, wished to sey. | ether as wt the corpse Luried the undertaker. | Mr. B1GGs (resuming) cald that Mr. Sumner called the Pre- sideut the head of the ku kkiux, Mr, Dawns wir us adventurers fro the No purposes of plunder. yi th know whether that was the rea- soa why Bir. Biggs would not help to put dowa the Ku BroGs repited--No, ‘The democratic party were not down the Ku Klux, but any other fana- tictam, ‘They were w party of law and or 43 mauch opposed to Ku Klux as any member ol the radical {past five o'clock, took # recess until Evening Sessiot Va., and WINCHESTER, (dem.) of udareseed the House tn de- ubiicans and in support of the bil uirteeu were white and the een could read aad write ‘BN; (rep,) of Olno, admittes t Darolina bad behaved eh Senator what remedy did niversal amnesi only anxious to put propose for it? ly? because ir he pose to take the suf- did that would be a ‘opored no remedy ty. he House, at b: Laif-past seven. x ye frage from the negroes? because tf aubject for debate; but 1! the Senator ie Had certainly no right ‘o bring theae matters in here. said he had aright to dof body for atrikin, free government tor Messrs. DUK, He bed a right to ‘oylug iocal a fence of the Southern Mr. BEATTY, (rep,) 0 proposed to enuble the President to discharge the duty ed upou him by the constitutioa—nothing less, oothing . MCHENRY, (dem.) of Ky. argued thet the bill was be passed in Teceiess disregard of the constitutlua aud tue rights of the States, THE METHODIST BOOK CONCERN. corroborated the statement every one voted tn South Caroli wre were not over trent State devarred {rom holding oflice by the fourtecuth amena- Nr. Sawree. (rep.) of 8. 0. -ive hundred in the ment. Mr. BLArm thought the Senator was very much mistaken. He believed there were a gres n of the democratic parts fn euch that po considerable number would of office, They wero influenced by the ratte party iu Sputh Caroline w ‘Derth aud the ‘letter or the Serator to re'use ofice for a sentiment, Investigation Blecked—OMmcial Renson Why. From advanced aheets of the Ohri: | ofictal organ, we are en an Adrorute, Meth Jed to present the following seml- official report of the sub-committes of the book committee's action, or rather non-action, bere inst week, ished as a reply to the garbled and w have appeared in # city moraing paper:— It fs not trne that “the investigation of the frauds in the binent” wan referred to a | contrary, the Book Coramittes officially decides, after # ion eatization, that there were no fi ind precisely wlst that committee -curemilvee Was ‘4 ic was a principle; and he was party achered to priaciple in eptite He was glad thal ) jonves.and fis! ‘air accounts which (@ sub-committ, jeged, to be inv | relented to the aiestions of business | Bovk © He den read fron ve thal the case had beon | f the fear that ihe ich Yerger was unoonstituional. those acts were uncons! ‘be m a minority in and a minority of a pit to the asserted gotec pplication before them, former meeting of the tLaviected and unantm: tian of tlie State a oblet approved of the selection In ved of the selection fa wr! Epproved, and the soh-commiites ‘edjourved oneurrence. At tho ndjonrned me himously eelected fro thew another gentleman from a Westera § couutant. Blabop Scott was ready to approve bim, and 60 Two of the commits two others ae ‘aesittant accountants. woald not approve of the geutieman selected at the two propored acssistants (one @ resitent of partment) were alm with such ubief account Yor these two sy oly two of the au>-committee Lad voted, tmpored by Indge Reynolde (to vote for the why declined by Mr. Fancher. Teasona for not acceding to the eon iition propored by Judge Reynolds, the ub. rosttee, with Bishop Soult, agalt torn again unauiaavusly made cbuiee oj the geatieman (rom aelected ag chin {hin aotion waa had it Wag telegraphed by Bishep Boutt to d to Mr, Faucher, with the quoatto Do you approve or diaepprove of auch selection! yod Uniess the two other pommees the nelection of committer they and rured a gentle- Be ng inet week the ives thie votes wh Binte gave way and t ut into executive session Voted to nominate Juige Keynulds ; ‘was Mr, Fancher, PRESENTAITVES. WASHINGTON, April 8, 1871. AU SLOX BILL, pensubie condition, DEVATR ON 7 Fhe House met ‘bree in & body) 3 aa very proper Y., alluded to the frequent nifation ot the negroes for thelr devotion to the Union, aud urtog Che revellion they Inuirectiy did ali (uty could to break wp the Union by feeding the ar- infes opposed to the goveroient, and in the erection of de- fensive works and iu other wa ; met Ou the next da; 4 the fact was, they nveisted those tn bor. ‘ver the war four mi! ithe direction of alfa 4 ainong them, who Fancher appro aan as chief aeooun \ttog bis approval In weiting op and gub-com cussed to gC naple to tate care of th (ue Fepublivan tick ‘sine dic, Bishop Beott havin, feeountant could Le made I esleotions of chief | Wak considered racy thongs the on efter the conpitutic: thru be ave that In two ota the aub-commitioe waa unanimous, Hoth proval of the Bishop and of Mr. Fancuer. se iranchise wat jiltimed, yet mL was rated they did not oppose tt. eLorie of the repiblicaus to to-tore and both adjouraments of the sul yned by aeh refusals of the couns to theasserted read or 8 of the “maa ‘al station’ who bas erm, It ts well aodersion proof amounts to, three of the ration is not elwaya ‘at tb ie diatric at experaments at then id thant eauohs Stat na tt is. to work oF desthiy In its’ ow: aro étiterion of Fespert- pared to submit to & fair w his counse! wo agree to a chlef accotntant unad!- made by the avb-cummittoe and approved by Bishop Judge Faucher, withing to the eotunnittee, not on of a cules acconptant, bu to members ot two gentlemen, aoantaor of | mittes ve appointed uf cl with him should be ome ve vg > frust! wel of De, Linus ‘Unanimous pele" ard Of inw--hasély, the haber veh men bydrnmhead court-martial, instead of by due W hat may be dune io the Bouth may be done the discrgtion of the Y'rew ve minutes to twelve o'clock noon, dis being @ contin. tre he eee Tens ‘ueturdip, tab Ligue adjourned investlyation, why : ‘Obe Of the two several kelections nStute, aod al tule wl ractlitnts the proveediogs Approved buth of the nominationa “fine otver woe? Whe the! auh-commitiee ly approved by Nef accunntant, an’ ceountant chosen dy anuther chosen by, until twelve o'¢logl prayer by the Chapiain 0 Fiteenth al sistant’ | enacted, “That no action cok, hp rit, Heman Roving bar 10 provisions of thowot the Uoived judicious aad uits certo that the Book Come ‘sub-committee, who have power ‘of the counsel, suitaiie accountants, and that sich proper Rook Concecn matters'will be made by akille | stlil pending on a writ of error, wwallckmown exomte agai) 0 aaiofactory tO the n),! (hove were thirt a thie far. oBly ro Leon comtalited | churahy ol trom waere NEE EE EEE Ee w YORK HERALD, TUESDAY. APRIL 4, I87!1.-TRIPLE SHEET. to trial and judgment as though the parties d defendants were keparais ant dis!ine THE BROADWAY WIDENING. ision by Justice Cardezo Ap- pointing a New Commission. SOOO Constitutionality of the Legislative Act Anthoric- ing the Widoning of Upper Broadway— Frauds Under the Old Commicsion, and How and By Whom Perpetrated— New Commissioners Appointed. D The subject of the widening of Broadway above Thirty-fourth sircet ts such an old one and hoe detaus so familiar to the public, from their frequent repetition in the HERALD, vhat it 1s needless to give an extended recapitulation of them. After the awards and as- sessments made by the commissioners appointed under the act of the Legislature authorizing the widening were made public che whole thing savored 60 strongly of @ “job” that efforts were at once made to set them aside. Through the urgent protests of leading property owners affected by these awards and as:essments, and their alleging gross frauds in making them, the last Legislature was inauced to | Set aside the oid connnission and its awards and assessments, This lasi act, it wiil also be remem- dered, authorized the appotnument of a new com- misston by a judge of the Supreme Court on appli- cation of the Corporation Counsel. Such applicaiion was made to Judge Cardozo, Meantime the bene- Qoiaries under the proclaimed schedule of awards and assessments—that is, those alleged to be in the jobbiug “ring’—were strongly and vehemently urgent that the awards and assessments sould be undisturbed. The sub- ject was discussed at length before Judge Cardozo on last Tuesday, and both sides ably sup- ported by able counsel. The Judie listened patient- ly to their arguments, and yesterday rendered his decision. This deciston is elaborated into a very elab- orate opinion; but in view of the wide interest felt in the subject and the able and extensive character of the opinion itself is worth giving entire, It will be seen that while the Judge supports the constitu. tionality of the act he indicates the frauds verpe. trated under it, and winds up with appointing A. T. | Stewart, William B, Astor and James 8. Henneszey— tie last named gentleman being tue junior member of the former commission—as new Commissioners. The following is the OPINION OF JUDGE CARDOZO: The cofistitutionality of the act (chapter 57 of tho Laws of ) under which the motion in this matter has been made, gto me so plain, brth upon principle and precedent, that I should not ovdinarily deem it proper to devote much timo oF jabor to the eonaideration of the objection which is iryed that itexceeds the constitutional power of the Logis- lature. But the magnitude of the interests involved and the Zeal uid vehemence with which the law was attacked by some of the leading countel a'nong the unusual number who uppeared and participated fu tho. proceeding, seem to de mand shat at cast relercnce abould be made to some of the iuany authorities aud tow few of the principles which, in my jucgment, vindicate the action of the Legislature beyond all question, It ts best that we should firet consider and understand in what position the matter stood when the statute was pa ‘Under a law. passed in 1869 (chap. 890 of the Laws of 1889) roceedings. had been taken tor the widening and s'ralghten- Ing of Broadway, and had progressed to such an extont that | on the 2th day of December, 1870, an order had been made by this Court, at Specint Lerm, coniirming the report of the Commissioneta ot Estimate’ and Assessinent, who had theretorore been appotnied, the only opposition to it being from those who claimed that the awards in thels favor, wera too low. ‘The objections now ralsed to the legality of the Commissioners’ proceedinga were not tu called to the attection ot the Court by aay one. hat was w special proceeding within the meaning of the | Gede of Procedure. (King vs, '1be Mayor, 85 N. Ys, 100.) In | 1854 Gaavrs of 1-64, chap, 470) an ack was pasied” providing that an appeal mizt Le taken to the General Term of the Su: me Couit trom any judgment, order or fal Co.erming- made at any Special Term in any special proceeding. 1t aa been decided by the Court of Appeals that that statute lies to prvecedings tnder th Of 1818 in regard to aicveta, and that an appeal Hes frem the order of the Special ‘Term continaing the report, (King va. The Nayor, supra.) eal coud be taken at any time within thirty duys 20 notice of tha Judginent or order had been given e party appealing. (Code, sec. 832.) There ts noibiny nia f must presume, there(ore, tuat suca time to appeal had expired whet . deed, Itwas not alicged upon the Sy one that the right of any party to t to take, an appeal had expired by’ Munitee (ime, or, Indeed, Lad even bean ect in motion by | service of notive of tho entry of the order. Ifany cao interested dovired that the ttme within whitch ' the ett? cou'd appeal Biowld be sot running, Mt waa ineame pon him to serve notice of the entry of the order; for even if tt be assumed that fis, Pettae sd to one Age icles In the proves ing on Ate bebaly, sti\), under the phrase: | doce of the becloh ofthe onde woite 1 Rave lied, dritten would be necessary thouylt the ones was en- tered on Lis taotion, “(Rankin va, Ping, 4 Abb. P. R803.) Tn King vs. The Mayor (supra) Chie Juage Daniels said: have uo doubt tat the order made In this matter was appente aile to the General Term of the Suprema Court, and that the order or judgment which the statute declares to ie ‘inal ait corel is that which tho Supreme Court tinally mates tn the matter . Tt_w)!l be perceived, therefore, that the order was not | Goat when the act of 1671 wns passed. It might Le made toby tie action of the Geaeral Turm or by tie expiration Of the tine to appeal. Bat neither of those events bad hap- ‘And the eo owal qu ¢ question it can ‘an the Le: g of providing a new remedy (sec 4) and make ble to existing matters? tor it is too plain to ne or words in discussion tuat Uiat ts ail that Jer examination has doue; that is, in otuer islauion asto a remedy. ‘From the host of rations supporting the faimiliar doctrine that utirely within the control of the Legislature, itational, ion of @ contract er disturbing . Itwould be tedious to eun- tances in which remedies have been varied, given oF away by the Lecisiatare. Promincat ancng lem, however, may be mentioned the act abolisuing im- Prisonment for debt; the act prohibiting corporations from statutes contirming acts of publle odicers, but fur which suit might have, mcintained; ail of whlchy and a great, many more, have been held to affect simply the remedy and to be fot ubconstitutional. (Van Rensselaer ve. Snyder, 13 N. Y., | 299; Conkey va. Hart, 14 N. ¥., 22; Van Rensselacr vs, all 19N, Y., 109, and same vs. Hays, vol. 68; Stocking va. Hunt, Denio, 274 Butler vs, Palmer, 1 Mill, 324; Morse va. Goold, TN. Y., 281; Neuss va. Merect, 15 Buro., 314; Sulifvan ver Brewsier, 1B. D. Smith, 02h; Waltermire Fo. Westover, 1d 8. Y., 16; Hauptroan va, Cat'in, 20N, ¥., 217; Lltehiield ‘va. Macowber, 42 Hard., 255; Butterworth vs. O'Brien, 23 N. ¥., 275). In Morse va, Goold (Supra) the question was whether the Legisiature coutd enact alaw which would prevent an execution being levied upon property which at the time the Judgment was iecovered would Lave been able to seizure, j Bhe Cour. of Appeais bedd that it conid; tat th not impair e contract or affect auy vy ‘ight, | but merely mottied the remedy. Jn Crawford vs. The Bauk of Mobile 7 How, U. 8. 8 219), the question was whether a ret fabled banking corporations to s nates payable (o heir eaabiers, impai.ed the obligation of a gnutract; bit the Court, through bir, Justice MeLean, held | thatthe statute was only remedial, and, therefore, unob- j Jectionable, Tn 16 Barb., 8, 0. Re192 (Syracuse Bank vs. Davis), Justice Griitey, referring to somo of the cases joned fn this opinion, "These casos, and many more that might be | ched, Wold that acte are valid which give remedies where | none'existed before, turough detocts tuat would have been fata), bad the Legislature hut interfered and given a peciect remedy by curing tnterveoing irregularities, {mall the cases the language of the Courts ts that no rights are interfered with woich are vesied tn fuch a sense as to come within the Iuie that forbids the interference of the Legisintare.”” In Tho People va, Tvvets (4 Cow., 085), 1b was held that a stat- ute witch altered the mode of’ proceeding in @ anit Ponting when it wae passed, aad gare a speedier | tia, was constitutional, In Burch vs. Newbury (4 low. | P. &., 145), fh was beld that a provision extending the time, for taktog an appeal was comstitational. It aifects the remedy only. That case was aiirmed on appeal by the Court of Appeaia in 10 N. Ys, 8/4, the prevailing oplujon being given by Justice Welles, in which alltue Judges eoncurred, except astice Gardiner, wlio dissented. Judge Jewett expressed views, which were purely obiter, in which lis | ¢lates aid not join; bat even in his opiion the right of the Leatsiaturo to’ modify reme ties, 80 long as they do hot impair the obiigations of @ contract or dinturb vested rignts in pro- atinctly assertat (p. 892). Indeed, no case oan be | b iaputing the provosition, In Graver va, Goon (l Ne | ¥., 696) ft war hetd, Sudgé Bronson giving the opinion, that an act taking awas the right of appeal ia an extsting suit was - | constitutional, A very recent similar cage will be found in WN. ¥., p. 661 (in re Courtiands Valmer.. Aiter an appeal Supreme Cours to the Court of Appeals from, an order athening mn order seting aside certain sascssments for local tmprovemeats in the city of New Fork armuant to chaprer 8 of the Laws of 185%, the 1) was amended by act paseed May 14, th, by which {: was provided that “no appeal to the Court of Appeals shail be had or heard from any order of Judgment in aay proceeding of 1858, Upon motion tho Court of Appeals ‘raying thal tie amendment was “ap, pene and was not unconstitutional.” | To these cates, tostead of altering oF giving a new or diter. ent remody, the Legislature took o thas deprivin, | She party arpealiog of the right to order. Bat | Was wiibin the rity ot the Leginture, beosnse the Penode® {a tully settled that there {a no vested right to remedy. | cit Springfield, &e., va, Hampden. (6 Pick., Mas, Rop., 608) Chiet Justice Parker gaid:—’There 18 no such thing ase | vested right tom particalar remeily, Tho Legislature may al- Waza alter the form of admluistering right and justice and | May tronsfer Jurisdiction from “one tribuial to an | other.” In the case of Jacquins va The Com- monwealth (9 Cusb. Mass, Kep., 279) Ohiet Jus | Hee Shaw held to be conmitutional which ‘on wit of error on account ol error In the minal caro the Supreme Ce rt might render JUG’MenL ws aroUld have Leen giren below: an! he “Tu the pregent case the Court are ot opinion that ig not ex-post facto or tetrompective in ite legislative 1\ relates ty fature procee in write of error in fal casea and it retroa: in an obnoxious rrr o writ of error funuiomaily the statute u: words, It 18 and that | vested righ me iv Nicavie to | erin | acuse, fs pur m Felieved from ceSBily OI | Mowing the wut to show that retrospective laws ; civileases or UACO} st ealoyathy resson ot the prohibition ing of @: oto tawa, bécanse the coun geil, a suttiod, iat tut obtviuion epplies oui ra (See Calder vs. Bull, A tH u. 8. Keep. ‘86,) Lo Hepburn and others Colts ant Carts and itn (/ Watts, Pa., Rep. 80,) the question arose thus :;— on ths. ta)” Of” the aaton “ine. delendant sod. jected that {he autt could not be maintained, be: rave one of (ne plaints ou the record, ‘member ‘Of the piatatifs’ copartoership was also @ defendant on the Past veing @ weinbder of fendants copariiershio. 19 objection was ststaines, A verdict was found for the efendants. The platatife’ took ont writ of error. After ese proceedings the Logisiature, ‘ statute of Aprji 14, 1058, OW pe on @ writ of error oF Otherwise, or hereafter to be brought b; ere or several jersone agalost Dartncrs. oF several Persone, shal abate, oF Tight of such partners or soveral persons to sustain such action be defeated by reasbu of one or more individuals being or having Desn membcrs of both firme, or having been Of the parties plaintit('s and also. of the parties defendants in the anne gui; oor shail the judgment rendered iuereim, if firmed apainet ihe right Of auob plaintifl oF plaiuisde to’ sisaim such action; nor re- versa oe the purpose of defeating Agen sich; bus the seme of an entirely new assessment or only Tthink tt manifest that justice deman ‘Thero are adldavita tending to ly. are excessive. Indec:!, one Of the counsel, who claimed to Citenta, admitted that “the awards were alsproj looked into the abstracta an I Bad that tots con re seems No reason LETTING THE CAT OUT OF THE DAG. f points assigned as errors, in the charce of the plaintit’s, becaase we aro of opinion applica expressly (o the present case ‘on. us to remit the auit back to the judgment. ‘The suit jection 10 the plain sustal their action 18 that meationod ia the act, . ts both plain a and his partner in the Court below, by that thie aot of Kagem and makes it Lmpera Cot of Common Pleas for tial and was pending on a writ of error. Peter B, Sweeny ‘at the National Quarterly Review. e 1 find’this coacession to tiguous to each other, and as to wi ,_listiaction, “have been that such matters nave has alwaya been treated as final, an Invariably declined ‘argument of been reviewol by iasloners ‘of the, Coma nd that the courts have javite against the roport. But that argument cha have no welgat hore, because tho statute under whieh fam now acting rule. It makes it my duty to look Into t tain whether the assesaments or unjust, inequitabl y that the motion shall be heard not onl, (heretofore bad in the matter, but &i “papers, afidacits ace tit to read uy tu! and defendant in wut brouyht by Ono Orm agatust himself and his partners fn another firm, The act of the Logislature removes this objection and authorizes and directs the Courts to sustain the action as well in pending cases as in future ones, It thus furnishes @ remedy where none existed before, and does ao in pending any vizht, impairiag, any contract or novo, leyiniation in the judicial sons The Secret of the Attack on the Park Commissioners. SPICY LETTER FROM MAYOR HALL rovides a different ards have been “unfair, "and expressly provides exercising any ex poat lature, provided {t_does not vioin proibitions, may pending and give to a BY Sootlon a) Ie. the possess or mou! tho Commissioners or auy port of the Awards OF procured depositions plataly intimated on the argu- ment (hat an opportunity to produce aflidavite ta reply to thoso read attacking fndividuat ‘oases ave sworn that the award to them fs no ght, ‘But when T find such errors as Thave men- tioned, when I find many asacasments aud awards diapro- portioned to others ai that if the Commissioners bi the other awards would not also have been ditterent’ How can Tsay that that which was but one proces ned, when I detect fraud and jllegal!ty in at the same error which did not influence it in all their action ? It seoms to mo ob- roper course is to order an ia no one can be harmed, If a remedy whicl existing remedy, or remo ‘onc else could have presented in asaessments it was very ers) ‘and to have read them; for To THY Eprror oF 118 HenaLp:— Your editorial upon the ternational Quarterty and its attack on President Sweeny, of the Depart ment of Parks, 18 sprightly. nish you tho amusing climax. tion appears shortly after Mr. President Sweeny re fuses to pay the following bill, which fs tn the hua@ writing of Dr, Sears himself, and 18 now on file tm the depantment, but which beara on Its face the words, “disaliowed:"— UARTERLY REVIRW. Subscription fve dollars a year in advance. Received from the Department of Public Parks 412 60 for advertising ordinances of National quarierty Review for sammer quarter, New Yous, Oct. 13, 1870, , Faitor and Proprietor. eonts—Oue ordinary p hall page, $300; special pao, $: AM page, $490; Page No. 4 of cov No advertisement inseried for less than a year eclal agreement, ot good except signed pre proprietor. (See also McLauglin iy add that thore are ina merable instances in which the provisions of the code of pro- cedure, as Well as oluer statutes, of our own Stave have been ‘ed he amendment mado applicable to existing fon of the constitu: ‘of the Logislature thus to legislate being ever at iL must be considered ¢ Legislature may constitutionally fecting remedies and make t gations, and that sich But permit me to far ‘The article in ques much as aq ome glaringly wron; jose particulars ‘tion is not objectionable the validity of contracts or divesting ted righte; and the statute now under examination is 60 nsly purely of that charactcr that no remarks can be hevessary to show thal that is its offect, The right of appeal being euill in eximence, the a e section under which this motion 1a made, and which 1s the only one which it 1s necessary to consider, almp!y provided a new remedy, We have seen that this it Nad full power todo. But if ibe assumed that the order of the Special Term confirming the report was the final one contemplated by the act of 1Sl% (aot of 1871), providia, constitutional. ture could not provi jed their judgment in the from the order of the Sj jature has, by t vious, therefore, that the only entirely new assessment. By the report as it now stands, asto any particular individual, ‘ight, of course it will remain the same in the is a novel proposition, elther in morals in ® court of justice, that that some method be yet this seatuce simply a new or further remed tndeed if the Le, remedy against « wrong, the Looks are full of cases hoiding ‘that ranting @ remedy to a party, by referring a cause to another or enabling him to sustain an action where he Towoving an jmpediment in and decision or cenferring ud doings of officers,” Sub) Mr, dustice which ts* wrong should not by Terms for advortisem $509 per anni erro} they onght not wrong, and there sht to that which is wrong. aid that the ord de fraud or ill f.rough mistak tovatand; for thea th ean be no auch thin, follows from what I hay Torm, mace on tho 28th of December last, will pe vacated, And an order entered that an entirely new’ report be made. ‘Tho statute has devolved one further dut the commissioners. The act pi jat ono of the old commissioners shall be retained, and have concluded to select the junfor member of the riginnl board, Mr, James S, Hennessy, and to nssoctate him as ‘the new commissioners Messrs. William B. Tam aware rom tho pro- ‘Astor may, to 401 be the improvement. I donot or otherwise, Not jer of tho Special could not before sustaly one, his way to obtaining a bear rratiiying imperfect ac’ Tn Walsimore a upon me--viz., to evidently contem- Ofive No, 698 ‘Thia is a bill for only one insertion of the ord& ‘The idea of a quarterly review adveritsing corporation matter is rather an absurd one m any But the absurdity inter known that the Heview printed the Park ordinances upon a ventare, and without entployment. President Sweeny was right Ps Daniel said'—"if it were necessary the State “Levisiature rocee cing in the vy commenced, oF rovision for new trial avery striking ox- dd he oftes Calder fa awarding a new trial, or nalure of an appeal alter litigation a even after judgment, Rud ag to whi or appeal ia not been previously mai ample from this court might be adduced va. Bull, 3 Dailns, $38, Agatn, In Saup3s 8, | Peta, 22%, Judge thumpaon peal within the tae provided was cons, and the deer Bive with respect to such remedy, vides anew remedy. But considering the viding a remedy only, $t is entire been repeatedly decided in this court that the retrospective law forms no objection to it, Almost affect 8 and operates Astor and Alexander before me that Mr. interested in land affected b regard that as an objection elther legal logally, because the statute has not declared taat the com- missioners, as the act of 141s does, from disinterested persons," but 3! the appointment of their qualitications ies when it ts shall be selected imply provides for “commissioners” without stating what hall be, andonly applies tne provisions of the act of 1813 to proceedings subsequent to thei: ointment (ace “Matter of the Southera Koulevar: Pp ). Not in any other that either interest or any ion could swerve him from the right. Per- unacquainted with either Mr. Astor or Mi ly and exclusively, on my own judgm own volition and without stiggestion from any quarter, teas dered to them the ter ant the confidence which the whole communtt; both in their capacity and integrity. And { venture instance in which the city right to expect them, as public-spirited citizens, though {t may jovolve a pecuniary sacrifice to them, to render it a opting a position which they have not sought, all must admit that they are, above everybody cullarly fitted, ‘Thus this desirable improvement muy mated through an instrumentality and in a man: picion or reproach, "THE ERIE RAILWAY WAR. PCa it The English Stockholders Pressing Their Claims— Another Removal of Suits Into the United States Courts. dy *by omitting to aps ct ‘tho. reuedy thereby decame final and conclu- ct of 1830 pro- of 1880 as pro- ubexcoptionable, It has one will say refusing to between the “epoch” of refusal and attack 1a simgular, particu. larly when the bill comes ono “quarier” and the Want of quarter towards the assutled appear on the “more remaius belind,” “way of life” of pr. Sears, who edits the Quarterly, has evidently fallen into what may be culled “the Sears and yellow leai” of literature, But he also changes his profession into that of @ Wimess the following letter, which im connection with its “little DUL”’ and his “attacks,” furnishes its own “review” comments. NATIONAL QUARTFRLY REVIRW, ESTANLISHED EDWARD 1, SEARS, LL. Dey OltK, dat. 18, 1871, operation of ati tengo, because no one will every law providing a new remedy upod canses of action exiating at the Lime the law is passed,” that all that the Legislature an easy and — speedy can be reviewed << borne in min method by which ‘cheard and relief had against it If 18 ithat right or wrong it shall be vacated, thongh wr that it might nut have utteriy repealed me vested until the final een, means something beyond the ppointment, in upon them that this hi er of the Special ‘Tei ut it 1 not necessary point, although 1 may obs visors of Westchester xpress any opinion upon that opie va. Super- 4 Barb, 64), decides nothing against auch a view, for there the defendants had not only exercised ‘acta of owuerelip over the land, but under the statutes cable to that proceeding the dainages had been fxea ani ut to them had become final and sielature has here only provided that pa:ties In neaty of the procesdin, ated by the court, and ff, upon that invest gation, It appeal that there has beén no fraud, no mistake, no error, no the. allty, then they are not to be disturbed. ‘Sui e asserted that if vy fraud or ti that to which he is not justly entiti lowed ‘to retata it, ‘® right has been onjer va. Kavex Ban perfect. But, as 1 EDICOR, PROPRIBTOR Hon, A, OAKEY Harn:— DEAR Sin—The object of this note fs to request a favor from you in your oficial capacity. ine or len days sloce, with the egved In seeing you. terested may have the ‘onr oftice some a.nd object, but Several of your political only to give me letrers of introduction, bul pany me in person to your office; bu right or wrong, | never depend oa third paruea in making a request. have not the honor of your personal acquaintance I could prove tit I have always beom ndiy to you as onr Onief Magistraie, aud ihat none of your frlends were more earucatly in favor All acquainied with m; 1 ich unitiendly, cvea to ctionaries of the republic, L the fact but give my iupressions ireeiy. ‘been pleased with you, and spoken of you mi patite or private but in the Jan- guage of approbation, aithough 1 was not aware Until aiter the issuc of my last Dumber that you could render me any service, Tue whole afar {want to trouble you with ts this:—At the beginn'ng of the present month I sent # bill toone of Our departiieuts for udverising and was taformed that fh order to’ obtata ‘able Line or word irom you, since It is you who have lo say What journal Sail or shall 1 feit pretiy pure Unit you would leaving for the at would be to clair inired; but Chiet 16 Massachusetts here is no such thin, lo wrong; and the Legislature which, in its acts by the conatitutton, limits fiself to that by dolug wi Justice Parker, whether I oma Yesterday an adjourned hearing took piace before Mr. Kennoth G. White, the Master, in the reference of Heath and Raphael, the Enghsh shareholders, vs, Fisk, Jr., and the Erie Rattway Company, as to what has become of the 60,054 shares of Erle stock which the plaintiffs claim to be their property, and which Btook they allege the defendants wrongtully and illegally withheld from them. Mr. Buckley and Mr. Da Costa appeared as counsel for Mr. Coleman, the recelver; Mr. Soutnmayd for Heath and Raphacl, and Mr. Morgan attended to the case on benall of Erie, while taking no active part in the proceedings, MR, COLEMAN'S EXAMINATION CONTINUED. the examination of Mr. James H. Coleman was Tesumed. He wished to make correction of a state- ment ta his former evidence, which was to the effect that he was not sure in respect to the person upon Whom he made the demand for the stock on the 25th of June, In accordance wit the order of the Court; he was now convinced that the demand was made upon Mr, Fisk, who s:ated, in auswer to the demand, that the stock was in the possession of Mr, Harris, then absent from the city, It was on the sth and reasly authorix ug mistakes and providing remedies for tho furthier- ‘ance of justice, cannot be charged with violating its duty or In Freebora va, Smith, in States @ Wailnco, 160), in which that high tribunal sustained the constitutfonality of a Jaw authorizing the review of x judgment which before that act could not have been reviewed, Mr. Justice Greer, n, cites and approves the remark of Cl [ch I have quoted above, and addm, “Such acts aie of a remedial character, and are'the pecullar subjects Ho further says:—*It Je weil settied that where tnere fa no direct constitutional prohibition « State Biay pass retrospective laws such affect su!ts ponding, did not previonsi exceediag its authority.” the upreme Court oi ke no secret of 1 logislation.” accordingly have never ‘as in their operation may arty a remedy which he yan ealating remedy or iy of legal proceedinga.”” above cited, susti avway'a remedy, which ( fore was appeaiable, away areme! Certainly if the Legislature may tak ‘ay grant one, The case of Ely va tlol- inst the motion, shouid get. fa cited by counsel ‘That case presented almpiy of construction, and the Court held that under tl tate Was mot ap) cases. That {fail of that case, has no application Journal, aud there » bat you were just l diss to remind licable to pre-existing ink, therefore, without tute, But there miioned. This once to your olive, Compudlier’s, Lam sure it ia née pnblie functions regard Review a3 to their claims to omelal patronage. example, there is not one of the Quarterlics of Lon Ss UYt receive substantial patronage ccordiug as tt is friendly Reviews, Uvitke 1 you that the reat nations of Hurope rom other periodicais doubt about the constitationality of ‘the fons that ought to be description of legislation 1s not a new one tn this State. 1558 chap. 338, p. 674) @ similar statute wa raud or legal irregwiarity” wi lative to any assessment tor passed by which if any committed In any proceedi local improvements in the el grieved was authorized to apply, “ Of the Supreme Court either in’ S, ur that the alleged Jon which ai frown oie Party or other, to one or the oth wines of light Iterature, devote theinselves e. sively to discussion, and io @ considerable extent te the discnssion of pubite atfaira, Those of your coliexgaes wno know me, would, I think, teil you that 7 discuss those matters prett; tatiy, and, Ltituk I may add, with some effect. B. Culmoliy or air, M. nan will do me the jusice to Bay 80. convinced that your Honor j Umony as willingly as eine r naiated With my & But altogether apart from my habitaal attempts to Blo ® that the icaung men of your pariy do no vo the abuse they receive, aWempts Wash itis wet! known have brought much Doi be denied that my jour the annoancemeits of those depart Whos? patvonage 1 Binee It 1s read by the best classes, not only in New York, but throughout tie United staves; by the bess men of all partica and of atl religious denomina- And i could show you that among no class have I more friends than tession to which you belong yourself, including the bench and bar The Board of Assessor, atthe head of which is Mr. Richard Tweed, 1s that to whose uapaid bills E Mr. Tweed very kindly told ine thathe {@ most willing to pay, but that tt is necessary you slonid include my Review among those journala Which you faver in that respect. Much obliged if you will serve me thas far. amount is not auch, bat it woald be very useful te Hoping w hear from you at your » Thaye tue honor to rematn, your obe- dient servant, ED I thank you for thus giving me the doubie oppor - tunity of showing to the public one instance (out of many others occurring, to my knowledge, every week) of obscure journals and periodicals using @nd misusing corporation adveriising tor the pur- pese of blackmatling—no milder word will do— municipal omctals, Permit me to add, in responge to your call, and (as @ matter of much more value to the public than discussion of motives) that within a month every Department wil report, and if that from the Parks does not refute every attack or unfriendly criticiam made upon them, even b; New York tax-payers wil Your obedient servant, eclal Term or vacation, d or irregularity has been committed the assessment fs to bo “vacated and the lion thereby created cease." it will be seen that that act {s in the matter of that statute Mr. i and ample remely now ex- ists by uctiou against any one attempting ta enfo:ve an i gal adsexsment, although such reme ly Js difficult and not of- fen resorted to'on accotint of its expense and perhaps tacer- Iitigation.s The Legislature has, provided an easier, the same result. I alfectlag or adding to rights and io ‘My “conclusions 6 meio either be- packages of siock were Placed in the Safe Deposit Company; a communi cation had reached him, since the last examination, from Mr. Otis, denying that he was present at the transfer of the stock to the company, but his (Mr. Coleman’s)recoliection was different. Witness, on cross-examination, sald—L think 1 know Mr. Otls. and I am almost sure he was present at the transier; 1 hold two certificates in my hand; one ia for twenty-nine shares and the oiler for 60,037; these have been In my possession continu- ously in my appointment as re Jon of one night my counsely Mr. Seward, had apd on another occasion, when they were seat by accident with some other papers to Air, ‘They were reiurned at once. To the important question when Le had last seen the original certificates of which he had been a receiver, Mr. Coleman replied on the 6th of Septe: bor, and that he had not seen them since; he |: delivered thein to the three geatiemen who assisted in the countiag of the certificates, and who were In the room when he left them there; he bad them as Tecelver, and he gave them over to Mr. Barris; he counl give no account of these certifcates since; he had never heard of them since; he brought the cox tificates to the Safe Deposit Company on the 27th of June, and they remained with that company till the 6th of September; on the latter daie they were taken to the office of the Erie Railway Company. Did you place any mark on them? ‘A. No, sir, not, and | have not heard of them since. |, at this point of the investigation, sald he would Suspend the examination of Mr, Cole- man, and consider whether it woald be necessary to ickley observed that Mr. Coleman coulda now verify his testimony as far as it had gone. Mr, Southmayd—1 cannot close the examination Mr, Coleman until I get certain information which I want. Is there any reprosentative here of the Erte Rattway Company? my interese tn. the. tatler, sa far ae te irle latter, SO he dir! Railroad 1s concerned. Bad then Mr. Sou"hiayd—Mr. Coleman says he was au hour at the office of the Erie Railway Company signing his name. I want to see what he did sign. ‘hose books are very bulky. ¢ those books, Pile a Justice Ingraham sald; “A would bear similar tea- if you were equally er the proceediog as only interfering we ver, With the ¢x- and that jadement muat be ent vacated and directing that the ‘That decision covers the whole question here. From that day to this petition that statute have becn conslantly presented to and and acted ppeals have been taken to the General 1 the constitntionality y OF Myselt, Ll Cane al is @ good tacdium for enis of the City government upon by the court; ‘Term and to the Court of Appeals aiwte and lta retrospective operation have never Deen doubted. think the qneation mist be regarded as by citing authori Court of Chancery could be a to for redress under the clroumatances suzcested fourth section of the statute, and that, therefore, this is, as Jadse Ingraham truly said of the act of 1598, but the substi- ani apeedy remedy tor a cot cannot be neceasary to pursi furtuer, for the doctrine is familiar. The su; the parties being brought into court by “not by summons, aud being deprived of trial by Ju “Notice” was the method prov act of 1868. It fs of no com: ; the only material in constitational show that the tution of a ches uence how a party te brought joint is that he must be lay in court"—that is, he must be afforded an Auuity of being heard. That this statute expressly As to the point about me Just now. ives himn (section 6). ication here; that form ot ‘of whicn proceedii is Dot one, in which it existed This disposes of the matter of law and brings me to the the next important su, larity oF tilegal othe assessments for beneit or the ‘her of them been unfair, un- inequitable or oppressive ? ‘The charges arra: the proceedings are that an extravagant amount improvement, produced by of this character the constitution constituttonaitt consideration o iy mistake, Irregal tue procecding, fixed as the coat of th awards for damages far exceeding the real damage jog to owners whose property fe taken in viuiation of the statute la ter the abstract of it had by without notice to the ciiy, who wab affected thereby, increased the ainount of its assessmeht for benotit by assessing the Central Park 969 and by diminishing the award for to the city from $454,598 to #450: missioners rece!ved and acted upon statements not v affidavits, contrary to the statute of 1839, chap. 209, soo. 5, an bave even awarded damages to a greater sum than clalmed even in such uusworn slaccmonis, and that the damages are excessive. The action of the Commission tary eg or was plalniy file wesioners did ‘nat the Commission. Mr. Buckley. ES pared y ir, Buckley—1 suggest to you to go to the oillce of the Erie Rallway Company, then, 0 see them, Mr, Southmayd—Mr, Coleman says he was kept signing his name tn one book for an hour, uckley—In that he may be mistakea. Mr. Southmay ee ia all Cm one 00k. of those original ceriuficates, Lane told me he was in process of plex —Mr. Lane told me to say Pig mater ot pass ¢ me and have your own examination a3 to all you waut toace. Mr. Southmayd—tit ts not necezsary for ine to ex- Plain the reasons why I do not w; Oilice of the Erie Railway Company, clal reasons why Ido not waut to Gould was asked by Gould, bat der the maltetous, never be suited Wilt any- OAKKY HALT. CATCHING A CHECK CHANGER, from $2,054,515 to 23,682, 647, fifteen bund the cliy avd the award in Tue proofs before me ‘not direct that any notice should be y vaicial or department of the manic! city,” and that “no such notice was on given, those Check from a Wait Street Banking House and Caanges It to Salt iHhuself—His Claim tor Digging Gols from the Sing Sing Rocks. Wall street hag furnished another sensation to ba added to the almost innumerable category from thas golden region, The banktng house of Drexel, Win- throp & Co., No. 18 Wail street, on Saturday gavea check on tho National Uity Bank to the order of one F. Kessier for the sum of sixty-one dollars, payabie m gold, the document belug signed for the tirm— ver procuration--by C. F. morning the gold paying teller of the Nationa! City Bank was somewhat startied on receiving @ tocome trom Drexel & Co., duly and fully endorsed, for the payment to “bearer of sixty-one hundred dollars IN UNIVED STATRS GOLD cory.’ The first thing thatexcived hie suspicion was the endorzement, Which was in a gentleman's banc. writing, instead of betng done with @ small hand stamp, hitierto invarinbly employed by Broxe! & Uo. jor Uus purpose. ‘ihe next matter for surprise Was (ue faci of the firm ordering 0 large a sum ta be paid in gold to one not conuected with tnetr business, A hasty cousultation was hela at the the check was deiatner & mossenger to ascertain Mt they were to pay the mouoy on thelr account. The uiessenger soon returned, with the tntelligence Hiat the bank Was not to pay the mouey until one of the firm should arrive. Frans A, Kelly, the clerk who drew the originat soon afterwards made his appearance anc at once pronouced te check FALSP, FRAUDULENT, FORGRD AND ALTERED, Tle made out the check to F. Kessler, for sixty-one doliars, in payment of @ business claim, but stace 16 3 1t had been aitered in the date aud the amount, the former made 8d of April and the latter d_ to sixty-one hundred. ‘yhis greatly discomfited the un/orvunate bearer ot who made © serious attempt to e% cape, and looked very much as though he couid’ “hill would cover him or the pauniaies aber a He was arrestod and tnkou ore Jur the name of Charles Cobb, and told a pi that he had recelved the check at a iager beer saloon in Chrystie street. at lirst pretended HE COULD NOT SPRAK RNGLISH, yu ho was born in Phiiadetphte ‘and has nover behalf, and Troaia A Clerk Obtains t you can go Oppose this application aere are spe- ‘o there, Mr. I ho was Mr. imseif he sald Mr. Gould was ir. Fisk rang a little bell in order to have him (the Marshal) puc out. newspapers 1s all true, but there 13 a goo deal more J do not want to go among those people. Buckiey—We do not want to be tired by what ars In the newspapers. Master inquired if there the Erie Railway notice was ever given to the Corporation ‘argument that or Knew that any such change wai but, Fam asked, notwithstanaing to him, and thro initiated the ‘proceedin duty devolved upon him the | confirmation jot stop to inquire whether under the and the aflidavit that uneel, who, I m: the Marshal him to the city, Tue story ta tho circumstances notice to him would be canse 1 think, espectaily with nis dent: no notice was given to “any official or department of the thorized to afer that he Commissioners. Ho hi their abstract that they erefore, he was the report when he rineiple upon which ¢ should ve presumed to have known thatthe report differed the abstract, or what had tranap! Pine ai a had done or omitied, +f eoanges affecting ine sity to ihe extent re beew tJ do manifest of Was ansbody present ompaly upon Whom for the production of the certifi: the book in question couid be made, & seca M iM Feplied that he would see Mr. Vander- Poel, and he believed there wi the production of the books a Mr. Southmayd—I want to of certificates and the transfei The iurther hearing was adjourned on Thursday, the understanding being that Mr. Coleman need not attend on the adjuuraed day un- less he was specially notitied, erament,” I am Ral any notice of the action 0 violation of law, presumed to have known the contents of moved ite coptirmat cheek purportin ‘ould be no onjection to nd papers required, have the original mass before the Com: jo two o'clock egatni ly when ft stands co city Is erroneous and ' wears shat it 0 aflidavit denying the truth of tha reception of unswor Another of Fisk’s Suits Removod Taio the United States ¢ ‘The case of James Fisk, Jr., and Mortimer L. Eatle va, Heath, Raphael and others, whieh had been commenced tn the State Court, and in which suit Mr. Charles Robinson nad been appointed re- ceiver of the stock alleged. to ve in the custody of Mr. James H. Coleman, previously appointed as Tecelver of the sald stock, has been removed into the United States Ciremit Court. filed yesterday in the office of the ‘Thus another element Of confusion has heen added the taugled mass of legal sophistry ancnt this on, Which finds itseit carefully stowed away in the pigeonholes of the courts, Time aiono can unravel te web. predict when the yarn can be thorong! woven into somethin; Which ali can ve plain, uninterrupted STATUARY SALE. Acolection of beautiful marbie vases, taazas and Groups of statuary, im Carrara marble and alabas- ter, were put up at auction yesterday morning by johnston & Van Tassell, at thir rooms, corner of Aberty und Nasaau at ‘There 19 am exquiaitel, by Leacerini, looks down on statuette 1s ‘Matrims ‘Tao ge contnnad con ‘amount of the the bearer of “unjust,” and there hy ? Did anybody ever bear before of such a thin, wer hitherto been supposed that wen were likely mnetsnee not to casa ia the fact one feet front au trout Clerk, Or ry Seicael (rhe, yal one hundred and twenty: only two mouthe previously, had cost some evidence certainly of its real 580 that still retaining Jot will have cost (sixty ono) had been al dv woulda, indeed, the document, be hy spun and cut 1b be said (hat th like @ smooth surface, upon arity (or somot! Wish that ihe wat, inequiiable and oppressive’ lermen and Commonall at the Tombs. Rec cas obs as ‘nivel tis fraudal rest res; there are excessiveness of the ar aga galossy the trath of those afldarites. 1 amisted to the eifect Which estabileh But it was argued i Y and why I cannot a Lute, while making it my duty if convinced that ~ ned fraud “ulegality, uofatrn Thal views Tt jerman in Hi The Ji sent the young irs, in default of $2,500 ball, ed. sudge shall think propor to “a We wa ade “yc r tn her tof hada rroceedings are tainted fr Avother Ane ew, inequity or oppression, ether as n,"" to vacate the oF" relion wiscihge A @aali diccet tng mane tion. lenges to me