The New York Herald Newspaper, September 14, 1871, Page 4

MIE GREAT INJUNCTION CASE. The City Government and Heads of Departments on Trial. A GRAND LEGAL JOUST. Affidavit of William M. Tweed and What It Sets Forth. Able Argument of Counsel, Pro and Con. SCENES IN COURT. A more compact and at the same time eager and expectant crowd filled the Oyer and Termtner Court room yesterday morning to witness the fur ther erceatings in the great injunction case than have been present at any previous session of the Court since this inquisition began. Long drawn out ‘aMdavits and longer drawn out speeches that long before would have tired out the patience of Job, were he living and present, and were the occasion and the subject anything of the commonplace order of events, sharpen rather than diminish the public ardor and desire and determination to see the thing out. The plain fact of the case is, everybody com- prehends the complicated character of the financial muddle, and burns with impartial eagerness to see ‘what the end will be. A promising feature of addi- tional interest, no doubt, yesterday was the fact that “the Soss,” et quorum pars magna, ‘was to send im his answer to the sweep- ing charges of malfeasance preferred by im- Plication against himself equally with the Mayor, Comptrolier and other city officials. Precisely at half-past eleven o'clock, the appointed hour for tne Court to resume its session, Judge Barnard took his Beat on the bench, All the counsel were in their places, each seemingly anxious and eager for the legal fray to be resumed. Mr. Tweed’s aMdavit was to a great extent the attraction, ihe impression having some way gone abroad that he would tn his own defiant way refuse to put in an appearance any way. As will be seen from our report of the proceedings the aMidavit is like the Boss himseif in expression—short, sharp and decisive. THE ARGUMENT OF COUNSEL for the day was opened, on benalt of the plaintiffs, by Mr. Stratan, who submitted a welt-digested re+ yiew of the complaint in all its bearings, and which | would have been more effective had there not been go much of repetition, and whose verbiage gave Judge Barnard full scope, in his patient, list- Jess, but all-observant way, to whittie to lis heart's content. NR. O'GORMAN’S ARGUMENT it was, perhaps, which kept the Court crowded, “Silver Tongue’? was in his happiest mood, and, 60 far as his argument went—he not having concluded when the Court rose—never Was more logical and effective, tearing to “shreds and tatters,” in a legal point of view, the argument of opposing counsel. MR, TWEED'S AFFIDAVIT was first put in and read, as follows:— SUPREME CouRT.—City and County of New York:— John Foie, Piaintif, e2, The Board of Supervisors Of the County ve New York, the Mayor, Aldermen and Commontliy of the Cily af New York, A. Oakey Hall, Richard B, Connolly, William M, Tweed und Pe'er B. Sweeny. City and County of New York, Kap Gti M, Tweed, one of the above-named defendants, being uly sworn, Geposes avd says that all the allega- Uons Contained in the complaint in this action, in regard tothis deponent personally, either alone or In conjunction with otuers, or in regard to this pe- ponent as a city or county oMcial, which directly or peer pon or any manner whatsoever, charge or are ntended to charge or imply fraud, conspiracy, mis- conduct, negiect of oficial duty, disregard of law, orany other wrong whatsoever against this depo- nent, are and eyer¥ one of them is untrue. fbig deponent further says that the allegations tained in folio 23 and fotfo 26 of the complains, in regard to certain city and county oificials, 80 far fe the same may refer one. intended to refer to this e) ponent, are untrue; an 1f 18 NOT TRUE that he has ever, with some or any of the subordi- nate officers, or with any person or persons whatso- ever, acting priucipally or otherwise, under the cover of thé names of other persons, or under any cover whatsoever, formed with them associations for the object and design of securing through such combinations large sums, or any sums whatsoever, ret or atany other ume or Intervals of wme, rom the treasury; uor 1s it true that he has large Interests, or any interest whatsoever, in the news- Paper known as the New York Leader. Nor is it true, as alleged in sald follo 26 of the ‘vomplaint, that he has connived with or aided any other officials, or any person or persons whatsoever, to give a monopoly of the poaune for the city and county governments to the New York Printing Com- any, Or a monopoly of the stationery supplied to ‘be city and county offices to the Manufacturing Btationers’ Company. { This deponeat further says that he is not EITHER PECUNIARILY or in any other manner whatsoever, directly or in- directly, interested in the New York Transcript As- sociauon, or in the New York Prinung Company, or In the Manulacturing Stationers’ Company, or in muy one Oi them; that he was once a stockholder in the New York Transcript Association and the New York Printing Company, but ihat he duly assigned and transierred all his stock in sald associations on or about the th day of April, 1870, and has owned 0 stock in either Of chem silice that date, and that e never was a stockholder or in any manner in- terested in the Manufacturing Stationers’ Company. And this deponent further says that no officials of either the city or county governments have, to his knowledge, openly or otherwise associated them seives together to set at defiance the laws referred to in the complaint, or any law or laws, in order to secure large or any pecuniary bene‘its at the public expense or otherwise, or have by their acts, or any of tem, DESTROYED OR REMOVED any parriers, cuecks or safeguards which had been erected by the Legisiature in orc ) protect the treasury; nor to the knowledge of this deponent have any of the provisions of the law referred to in the compiamt as beneficial been in an open and Nagrant manuver, or in any manner whatsoever, set at defiance by either the ctly or county oMcers. And this deponent further says that he has never, Individually, or as an oficial of the city or county government, openiy or otherwise, associated him- self wilh any person or persons to set at deflance any law or laws whatsoever, nor to secure large or ny pecuniary or OTHER B ITS at the pubilc expense or otnerwise, and that he has bever by hls acts or by any act destroyed of re- moved any barrier, cheek or saleguard which had been erected by the Legislature in order to protect the Treasury, nor have any of the provisious of te law referred to in the complaint as beneficial been 4 an open and flagrant manner, or in any manner whatsoever, set at defiance by this deponent, And tis deponent further says that JAMHS H, INGERSOLL 1s not and never was the confidential or other agent Of this deponent, either personally or officially, for any of the purposes or in any of the alleged matters mentioned in the complaint, and that said James H. Ingersoll never was authorized to act as such agent and never to the Knowledge of this ceponent nas acted or has pretended to act as such, ; And this deponent further says that NONE OF THE CLAIMS referred to in the ninth subdivision of the complaint were to agreat or any extent fraudulent upon their face, nor any claims which he ever certified that he had audited and allowed, nor was any certificate ever signed by us deponent, eitier faise or fraudue lent, on the part of or with the Knowledge of depo. pent. And this deponent further says that «THE EXPENDITURES for the department of the city government over which be presides are not, and never lave been, in excess of the sums allowed by law, as deponent is adyisea and believes. And this deponent further says that it fs not trae, Qs alleged tn the twentieth subdivision of the com. plaint, that no regard js paid by the departments, agents or officers of eitper the city or county gov- ernments to the provisions of the statute therein re- ferred to, but, on {he contrary, due regard has a@l- Ways, and without exception, been paid to all the rovisions of the said statute by the department over hicn this deponent presides, and by this deponent, who has careiully studied the provisions of the said wtatute aud invariably bes therewith, ILLIAM M, TWEED. ‘Sworn to velore me this isth day of Septeniber, 18671. KR. H. CLirroxy, Notary Pabit Jonn Poley, Piain vs. The Board of supervise 7 the County of New York, &e. ty and County of New York, s%.—Willlam M. Tweed, one of the avove-bamed defendants, being duly sworn, deposes and says that th Tendauts, * Oakey Hall, Richard B. Connolly, Wiliam M: ts eed and Peter B. Sweeny, have beretufore and before the granting of the imjunction herein met as # Board of Apporuonment, as required by ihe terms of the third section of the statute referred to in the #aid mjunction, and fixed the amount to be raised as iu ite first section of sald act provided, Aud Ae) oper, ge much of sad Ah Ww be raised by tax in ar 1871 as may bo necessary for the ment of interest on the bonds and | stocks of the city and county of New York which | shall become due and payable from taxation tn the | year 1ST, and for the parmens of Bo much of the | principal of satd bonds and stocks as may become | due and payable trom taxation within said year, and also 80 much as may be mecnanety to pay, tue proposes of the State tax to be paid by the city and county of New York in sald year, and appor- | toned the remainder thereof among and set apart | to the various departments and purposes of the city and county of New York for the year 1871. WILLIAM M. TWEED, Sworn to before me this 1th day of September, 7 R. H. CLipvorp, Notary Public. ARGUMENT OF MR. STRAIAN. Mr. STRAHAN, assoclate counsel for the plaintiff | Foley, hers rose and sald that the motion he rose to | present was to continue the injunction already granted until a final decree was given on its merits, He did not propose to go outside the papers in this suit, There was enough in them he thought to war- rant the granting of the relief asked, That relief Was exceptional, bat the circumstances were ex- ceptional. There were contradictory affidavits here, but he thought that he should be able to show that every material matter stated in (he complaint in the action was admitted by them, ‘The charge they made against the parties here was mismanagement and illegality. Their complaint charged that when Mr. Hall first occupted the honored post of Mayor the city debt was $34,746,038 and the county debt $15,882,800, The Comptroiler, who best should know the state of the debt, does not deny this, Mr, Ha!l does not deny it. Mr. Storrs, without giving particulars, says that the temporary debt is not counted in this; but thts statement is falla- cious; for at that day there must have been in the treasury funds to meet this temporary debt. This, therefore, must be ad- mitted astrue. Again, they charge that two anda half years later tne debt of the city was 70,914,108 51, aud that of the county $35,743,160— together over one hundred and six militons, ‘fhe Comptroller and Deputy Comptroller, who best | should know, decline to answer this statement; but the Mayor, who could not so weli know the financial condition, comes in with denials and explanations, Fortunately he gave the Comptrolicr’s report, which verified their figures. Thus the debt had increased in two years and a half $63,028,427, They did not Know how much was raised in 1869, for no re- ports were published, but they took the figures ordered by the Supervisors—$21,309,536. | The amount of 1870 was, by the Comptroller's official statement, $23,569,127. ‘These sums are not denied by the Comptroller or Deputy Comptrolier, but. by the Mayor, who cannot know as weil as they. The other sums, which they averred to have been raised by the Comptroller, are not contro- verted by him or his deputy, though in part contradicted by the Mayor, These sums to- gether make up a sum of $63,690,640 recelved during two years anda half, which, added to the addition to the debt and to the $21,000,000 of float. ing dept they charged, amounted to $147,718,870, This floating aept was not denied by either tue Mayor or Comptroller. Tne Deputy Comptroller Geiites that there Was so much “city” floating aeot— an evasion on its face, Thus the average expendi- tures were over $50,000,000 a year—over five anda half per cent—on the taxable property of the cily. They had in this inciuded, it was trae, the revenue bonds to be returned by the collec. tion of ‘ayes; but under these developments it might weil be doubted whether any such redemp- tion would take place. Having established tts alarming state of things, they next showed how it was reached. They charged that in offictals: were interested in certain corporattons—the New | York Printing Company, Zranscripé and Manufac- turing Statloners’ Company—with fen they in- curred claims in 1869 and 1870 amounting to some seven millions of dollars, with three milllons of | clams yet to be settied. Mr. STRAHAN here quoted the law forbidding any oficial to make any contract with auy firm or cor- | poration in which he is interested, Of these Mr. ‘fweed was understood not only to be head, but to be the companies, (Applause,) ‘true, Mr. Tweed de- | nied he Was how a stockholder, but he admitted that down to April, 1879, he was sucha stockholder, and though it might be his name was removed irom the books it was a significant and curious fact that a Mr. Maclauchian, a New Jersey politician, should be able to retain te valuable monopoly of furnish. ing stationery to the Corporation. (Applause.) Fuca ¢ BaRNARD—If that 18 ed, gentlemen, you Will all walk out in the rain. Mr, STRAHAN resumed—Mayor Hail seemed some- what doubtful as to the exten! of jis present con- nection with the Leader; ‘Dui, be that as it might, the fact that, durlug a portion of the time auring | Which the claims accrued they had such interests, | ‘was reason enough for retatning this injunction, solar as the claims for $3,000,000 from these sources were concerned. Others followed Mr. Tweed’s example. In 1863 there wag puthorized for repairs to county buildings, $30,005; In 1869, $40,500; the actual expen- diture $127,265 10 for 1868, $1, 93 81 for 18 The law forbade the spending of more than 000, ‘They made no denial of the fact; they sim- ply said that ee 3 had no hand in tt. Somevod must have had a hand in tt. He could not accep their mere bare statements that this was done with- out the connivance of some one or more of them. It was charged that the other twenty millions of claims beyond the amounts av@porizea by law were presented, and that $18,812,412 had been paid, and that this was admitted by the Comp- troller, who informed them that some nam iess chairman—though Mr, Tweed seemed pointed out— of some nameless committee had signed and ap- proved these warrants, and that some counsel— could it he the counsel who now calls himself the jayor of New York ?—advised that those audited bills must be pald. So this eighteen millions in cx- cess of appropriations, without color of law, was paid. They charged that these vouchers were fraudu- lent on their face. In face of this charge, 80 posi- tively, so directly made, but one answer could be made—the production of those vouchers them- selves, Where were they? At the very time when they were called for, when they should be produced, they have disappeared. Jc was not for nim to 1x evidentn some one felt a necessity for their disap- the responsibilty for this disappearance; but it was pearance. Mr. Strahan quoted the complaint showing that Garvey's blils Were fraudulent. That was allowed to go pro confesso. It was not denied. Coming to the present he should proceed to show that tue oid rule was bei continued, and that in place of improvement matters were tending to tue worse. The law of 1870 provided that no expenditure should be made, whether ordered by the Common Council or not, unless an appropriation had been previously made. Yet the openings of the streets, &c., were orered to proceed forthwith at the expense of the city on account of the partics who were to be assessed, and Mr. Tweed raises this money and vows he will continue to raise money oa tie bounds of the city, to carry out the work ordered by the Common Council, though no appropriation has been made for it, and Mr. Connolly did not deny that he intended to issue such bonds on his de- mands, Mr. Strahan read the provisions of the Two Per Cent act. The Court would notice that the Board of Supervisors could not raisé the money until tue | Board of Apportionment had acted. Messrs. Hail | | aud ‘Tweed state that the Board of Apportionment have met and appropriated moueys for the State tax aud for the interest and maturea debt falung due this year and for the elty government. Mr. Connoily Says they have not met for that purpose, and in-tis | | Mr. Connolly ielis the truth, He says not only that they bi not provided for this accruing dept, but at it would have been improper for them to do so, ‘The authority pleaded by Mr. Connolly for the issue of bonds for maturing debt is contained in a clause inserted in the Consolldated Debt wets. And these Acts are not repealed by the two acts. In these acts autuority is given to raise this amount by consolt- dated debt stuck, but Iu the Two Per Cent act a posi- tive command was inserted that out of the taxes suiticient sould be set apari to pay these debts, amounting to about nine milion dollars. Mr. Strahan concluded, contending that he bad submitted a statement of facts which entitled him toask from his Honor a permanent injunction in the case. MR. O'GORMAN’S ADDRESS. Mr, O'GORMAN then rose, and, addressing the Court, said—May It please your Honor, | appear on behal: of the Board of Supervisors of tls city, of the Commonalty, and aiso on behalf of the Chief Execu- tive of this city and on behalf of the President of the Department of Public Parks, to show cause Why the injunction granted by your Honor on Thursday last should be discoutinned and set aside. In doing 80 I desire to be understood that [ neither consider it my duty nor is itmy wish that any proper investigation in this suit should bo evaded, or that any proper information due to the plaintiffs in this suit should ve kept back. Jt Js, your Honor, my duty to aid in the elucidation of any charges which, if true, Would imperil ju any | way the financial credit of this great city, or in any | way whatsoever injure the masses of its Innapitants, which I as counsel for the Commonaity of tie city represent, Jt is, your Honor, A GREAT MUNICIPAL MACTING, £0 to speak, as all municipal governments are, and as this, the city government of New York, is. Mr. John Foley, the piatutim in this case, comes here be- fore Your Honor and says that this machine 1s out of Gh: and that he is threatened with mjury thereby. thus comes to Your Honor to say ff tits municipal government, as so represented ‘Where and how much, and asks you to help to. put it in good working order. Now, us far as that efiort is concerned, J, as the oMecial legal representative of {nts city, with him, with Your Honor, the Judge of the Supreme Court, and with counsel on either side, am in perfect harmony and accord. But Your Honor has Deen asked In this case not to ald in exuicating any civic diMculty; you have been asked to stop all the legitimate action of this great municipal machine. Unintentionally, as I think, as the case Was not pro- erly presented to Your Honor, you have done that. you have stopped what I respectfully submit has only been the legitimate action of this great maovicipal government. You have prevented the payment of the moneys due to various contract. ors, Who may be poor men, an who greatly need thelr moneys, fairly and honestly earned, and thereby even accumulating deb(s o1 interest against | the city. These are difficulties which the piatatit | has certainly not shown such an interest in as en- ties him to inflict upon the citizens of New York, The plautif states that he fs a citizen aud a payer of taxcs, What amount of taxes she Goes not indicate; but be they much or be they littie is, Your Honor, a matter of very lite concern he: Jul when you consider the smallness of (he intere that he, by any means,can have—I speak now fp cauiarily, because it 1g only pecuniary taoterests tual are to be considered in tis ase of Wie plaincit is out of gear, aud NEW YORK against the Mayor and others the defendants— when, I say, Your Honor, you consider the siiaill- ness of the pecuniary tterests wuich the plaintut asks tobe respected and protected, it seems to me | it ls gomg a littie too tar tor him to require | for this purpose that the whole wheels | of the great machine of this government | should be stayed. If the Court please, I Know of no party a8 plamtits in this case but John Foley. 1 recognize no fact in any paners exoent such papers as haye been presented in this suit, I know of no utside influence or outside feeling In connection wiih this matter be‘ore the Court, e plaintitl rep- resents only his own interests in this case here and noue others; and it is with his interests alone that lhave now todeal. My learned friend on the other side, In one of his objections in the early part of the discussion, said that some one was suggesting motives for this case. I suggested none. Whatever Ingtives Mr. Foley may have, be they good or bad— whether he comes really to represent his own pe- cuniary interests, whether he desires that they shall be protected in this suit,or whether it be, in fact, A SUAM SUIT, and he only be the agent of others put forward here to press the suit for ulterior pury S—1S Of NO sort of consequence in the case at all. li, Your Honor, he has rignts to be protected, and that ought to be protected here, he has a right to come here, and no tuan will entertain any doubt but that Your Honor will grant him what you believe to be his due—full and complete justice. Now, then, Your Honor, tne question arises, HAS FOLEY ANY RIGHT TO COME HERE? Has he anton: or position in the Court at all? ‘That wiil be the first question which it will be my duty to pre ent to Your Honor, and Your Honor will seo as 1 present it to you thatI have no desire that any investigation, such as might be fairly called for on this motion, should in any way be evaded. With a rapidity, with a fatrness, and with a fulness which Itaink i may say is unusual in cases of this kind— with no remission or abuegation of personal labor, Dut witn that solld and persistent industry which desires to roduce is result, we have met the allegations of the complainant with the counter allegations of the defendant, And when I have made our statement of facts, and when { shall come to argue beiore the Court that, in point of law, the plainti® has no standing In Court, Ishall do so only because | be- eve it to be the manifest duty of counsel to take point on that which lies at the very root of the right to sue, and not with any desire that any proper in- formation should be withheld from the Court. My learned friend on the other side who opened the case, Which proved so creditable a performance to himself—evev he suggested that there were doubts and diMculties on this vital part of the case, Let me now, Your Honor, in a few words, make his doubts and lus diticuities on this point an imposst- bility. it is admitted on the other side that, prior to the act of 1864, no private individual, either of citizen or taxpayer, or boncholder, had A LEGITIMATE RIGHT to stop, by legal proceedings, a civie corporation from Inficting waste, Your Honor {s too tamitiar with cases of this sort to require that Isnould more than suggest the case of Rosevelt against Doolittie, Some time after this cage was decided, and in the year 1864, mm an act which Is known as the Tax Levy Of 1864,a senience was included, the phraseology of which 1 will read to the Court, as follows:— The Common Council of tne city of New York, and also the Supervisors of said county of New York, and the several members thereof, are hereby declared trustees of the prop- eity, funds and eects of sald city and county respectively, solar as such property, funds and effects are or may be cominitied to tueit management or control; and every erson residing in said city, and assessed to pay axes therein, who shall pay taxes therein, is berevy leciared to be'a ~siuc/ que trust mm respect to the said prop- erty, funds aud respectively ; and anv co-trustees, or any'such cefii qu: trast shall be entitled as agaiaat sich trustee, and in regard to sich property, funds and eifects, to alt the rights ant remedies provided by law of any co: trustee or ee'tui qu: trust to, prosecute and matntal ject to ail the dutic trastees, and such ¢ ies imposed by law or | 1es and responsibilities may be en- foreed by any co-trustee or cetui qu: trust aforesaid, In all cases tried under the act this rule was rigidly adhered to, and was in many instances applied to clauses similar to the clause 1 question, Now (le scope of this clause was to establish the relations of co-trustes and cestui que, and between. the Common Council of New York, as related to the city funds and the Board of Supervisors of New York, as related to the county funds, and the tax- paying citizens who were by that act mad stl | que, ‘ihus the relations thus made by this cla be- parties, conuects wiih no other e! pity government and the taxpaying citizen, Now, may it please your Honor, the question of the constitutionality of this act very soon came up beiore the courts, It was decided, and righity de- clued, tuat the act of 1864 and all the other acts having the same title, and the main purpose aud object, are local acts, and in the case of Pullman against tue Mayor and Commonalty of tie city ot New York, in Witch 1 had the honor of appearing before the Court for the de- | fendant, the plaiatif’ Pullman brought suit as a co-trustee, claiming his rights under the | provision of thai act to enjoin the Common Council | and the city government from making contracts with certain gas companies, Your Honor, at the first argument of the case, decided that the plaintift Pullman was not without some remedies, He claimed under the clause which [have quoted, and which I desire to calt Your Honor’s special attention to. ‘The tite of the act under which Pullman claimed to enjoin the cliy goverument was, “An act to enable the Board of Supervisors to raise money by taxatton for the use of the corpora- tion and in relation to tie expenditures tierefor.” ‘This act was passed in 1863, In that act wasa clause providing that the said several sums, 80 recelyed by taxation, should be applied only to the objects and purposes for which the same are thereby appro- | priated; and that ne!ther said corporation, nor an, member or officer, or any other oilicial thereof, shall incur any other liability for any other pur. pose, or pay any sum beyond the amount appro. priated therefor. Your Honor will see, therefore, from the langnage of the act, that the clause relied upon by the counsel of the otier side is not one_of those which was refer- to by counsel. Your Honor heid in the Pullman case, when it first came up, that this clause gave Pullman the rght to ask tne relief he required, I did not then argue agaist the constitu. tionality of the clause. hat question came up afterwards, and was decided at tie General Term of the Court, Your Honor being on the bench, And it was there held—I myseif, [ think, arguing on behaif of the city—that that act being only a local act, and not being necessarily, thereiore, a part of the sub- stance of the act, Was uncoustitutional, and Pull- man, it was then decided, had no rights for relief under it. Now, that is a stronger case, oS to tne unconstitutionality of whe clause—being in violation of that clause of | the constitution aecting iocal acts—than the case which we are now presenting. In this case, under the Tax Levy act, the object of yey 1g provide money for the city governineni, 1S found a clause | totally different in object and purposes, and in no | Way cognate to the subject; and the object of which is to establish the relations of trustee and cestuique between a part of the city government and inuivid- uals, That precise question comes up in the case of Puliman, agaip piaitii, against the Mayor of the city, impleaded with Mr. Wood, and which was argued belore Justice Sutheri In that case Jus- Uce Sutherland had no hesti@tion whatever in de- ciding the question, I have in my hand an ex- tract irom his decision which, if the Court please, I will read: HERALD, THURSDAY. § | part therea’, in This action {s brought by the plaintiif asa member of the mon Conneil of the elty of New York, and I assume, as by counsel on the arguinent, that whoever endants by waklug “the Common Counell of York" defendant or defendants, were istees of the plainuil The plainti! bad not legal capaciy to this action, and cnonot maintain it except under or by f said third section, either as co: x P T or otherwise, thererore, the first gr that the plaintii! bad not legal capacity to sue, constitutional question, whica wa din this case, but which Was not raised or argue ded in Brady vs. The Mayor, &c., vefore constitutional provision, wotion 3 of the act of d void, 18 1G sixteen of Wordsi—"No private or local ature shail embrace be expressed in the article 3, whic bill which may be more than one subje tite.” In the Sun Mutual Insurance Company va. The Mayor, &c. of New York d Selden, 265), Judge Gardiner, in this consutntional provision, said that the purp “that peither th he Legislature por the puvite shou’ .” And in The Mayor, & Colgate the same Judge eaid:—"Now, i notorious that the discr¢)/ancy between the kead ngs and ject of our laws was rejuent that provision was deemed ¥ to gumrd Upon @ Claas of legisiato knowledg posed to be gathered pri m the @ no dowst that the act part {6 a local act or bill, section ¥ relate to the city of New York, apd'are jimited to the city of New York. its main purpos® and subject are the raising of certain moneys Ly jocal taxation, and the ex- penditure thereof for local purposes, that is, the expenditure | of the moneys 80 to be raised by the auth fn c If cases are needed f the Peopie vs. 1 ied, Ta bject is expressed in the tite of the a “An act to evabie the Board of Supervi of New York to raise mo porution of the city of New eapendiiure tnered!."? mime that the raising the money by tax, and the expen- diture or appropriation of the money eo to be raised by tax, constitute Dut one subject within the meaning of the con: ‘sous of the act which taxation, and the 'y ite expenditure or est, and bul ove subject, cal the Mayor, ac., of New York, 4 Se: 7 ed In the title. The question #, whether the sun) ‘ 3 fw another subject, of, to state the question most favorably to the plain tf, does tection J relate ty the authority to impose the (ax, or fo the expenditure oF approyrintion of the money to bé | vaised by ibe tax? Dost clearly it does not, Any legia- here can ction 3 is @ provisions, including c lator who beard the tte of the act a made any ivierence as to the purpose and #83,,0%, Wee, Act, om the te alone,” must joferred that the purpose and subject of the act was the ralsing of certain coneys by local tax for the city of New York for the year #4, ani the expenditure or mppro- ation thereof, Ip view of tae constitutional provi ad no ground for suspecting that such a prov! 8 had Leen ineerted in an act with auch a tie, tible to say that section 3 relates to the e: proveiation of the moneys, or any part thereof, authorized hy section 1 to. bi dd by tax. The purpose aud #ub- {ect ot sec /8 Dear nel cau cetine them, may be sald 10 be the institution of a ny remedy, or new remedies, for alleged breaches of by the Superesors of eCommon Council of the city 4 the Suvervisore and the Common of the city and county property, fans and effects, 60 far ar tho sane are, or may be cum mitted to their mapagement or control, and the resideat taxpayers to be vertiue que trots In respect to such proveriy, funda and effects, and gives any co-truatee, or any such ertius que trust, ail the rights of @ co-trhstee oF ce trus que trust, in respect to such pr ‘ty, Ac., to prevent waste and injury. The property, funds and effects mentioned are property, fuods'and effects, so far as they are. or mi without imitation as to time, cor ment or control of the Bupervi There is not a pretence for tay d or deciared on be as rection It ts impos pendiiure or ap: nited or contined to the mo i think T may say that the the trust clavion 80 comsequent new remedies | clients, stand here to ask what | Sometimes Known as We Iwo Per Cent jaw, require | per the uthority to rase expenuiture theres 0” the constitution! provi fo hold that the vecti © ther ef. @ (hit sec Bis unconstitutions is the demurring defendants must have judg demurrer with ‘This point, therefore, would seom to be settled bevond doubt, and 13 conclusive as to the right of the plaiutiif to bring this action, Asimilar decision was made in a recent case—the case of the People against O’Brien, With which, perhaps, my learned triend is familiar, aad which may be found in one of the last volumes of the Court of Appeals, 11, then, seems to me, if Your Honor please, that from the analogy of these de- cisious—especially from the decision of Judge Sutherland in tie case Ihave just read—from the neral principles and course and necessities of the aw, and from the unvarying dritt of ali recent cases, that there can be no doube on the judicial mind that tne section of the act of 1864, upon which the Platntif (Foley) can rely for any standing in Court, 18 UNCONSTITUTIONAL AND VOID, and that he ts not entitied to be heard in this sult against any of the defendants. That clause I re- spectiully submit 18 a bar, a constitutional bar, im. peralive on the Court in stopping any further advance in these proceedings, and renders those that have been already taken, unconstitutional and void and of no effect. But even if it were not, so far as the constitution provides, if It was not so tm- perative, and yet it 1s clear that it 1s quite clear that it is only between the Board of Supervisors—some of the defendants and the plaintit Foley—that even by virtue of that clause any relation of trustee and cestuieyui trust can exist. ‘That clause gives him no right whatever TO SUB THE BOARD OF APPORTIONMENT, to sue the Mayor of New York and Common Coun cil. If it gave him any right at all it would be alone, against the Board of Supervisors, and as a. consequence he would have no right whatever under that clause to sue any of the other defend. ants; and as against the other defendants, except the Board of Rep ore et has and can have no proper claim in Court, And as for the Board of Su- pervisors, supposing he had a right to sue them this Court, they aver that everything he presses in his demand for relief 1s religiously done by them. They assert that, so far as their action is concerned, they have no objection to velng enjoimed to do what they nave been doing and what they intend to con- tinue todo. They have been following the exact course which the other side would enlist the ma- chinery of the law to compel them to pursue. They do not object to be enjoined, and thea, 80 far as they are concerned, what 13 the cbject, the meaning or the use of such a proceeding as this? Of course, if the Court please, While dwelling on this point I have no Intention to waive my maim oojeo- tion as to the constitutionality of the clause. I sub+ mit, Your Honor, supposing 1t Was constitutional, no rights are given under it to sue any parties but the Board of Supervisors. And while J contend that uney have been doing all that is legitimate and that they do not mtend to do anything that is not legiti- a there is no need of an tyjunction, and there- fore 1u 13 TRIFLING WITH THE BUSINESS, THE IMPORTANCE AND DUTIZS OF THE CouRr | to ask for an injunction against the defendants, who Go not need such censvrsiip or guardianship, be- cause they are only aciing according to the law. ‘There 18 BO Need of an injunction, aud itis triding with the Court to ask tt to imteriere with thelr ac- tion, ‘They are not, in eifect, successors of that class, They in uo Way present any assimilation to the old Board; they are in every Way different. All that they succeed to is the mame; the necessity of law does not eXist. ‘assing all that by, ii the Court pleases, and now coming to the case presented to tiie Court on the partol Mr. Foley, I shall not have much to say. It seems to me that the learned counsel on the otter side, in the form of ther complaint and in the substance of their complaint, and in the form and substance of their opening to- day, have wasted some valuable tune on a branch of the case that, however interesting in @ public Polat of view, 1s wholly without relevancy to this proceeding for an Jajuaction. An injunction in its hature 18 Not a repressive measure; it aves not need to be arepressive measure; it {3 a preventive meas sure, and looks not to the past, but to the future, If on this occasion errors Or Shorrconmugs have crept into the city government, that fact may be re dressed in other ways, but certainly ‘not by @ proceeding of iis Kind. 1t 1s not wgainst the past government that Mr. Foley asks relicl—it ts against the present government of the city of New York, Up to 1870 the form and substance of the govern: ment altogetier dittered from what itis now. It was formed then of various heterogeneous and an- tagonistic elements—it was not a civic governihent, buta state government—and the civic authorities should scarcely be hed responsible for very much that might nave been objectionabie in its proceed- ings. Butitis not agatnst the government of 1869 or the government Of 1870 that the learned counsel on the other side have advised their at to pro- ceed. The deiendants here are not the Supervisors under the law of 1570 aad 1871, but the Board of Apportionment, as an instituuion thai sprung ito lue in 1871, The action which they seek to prevent is the action of tie present gov- ernment; and it 18 nov to what took place in 1368, 1869, or even in 1870, that they are to look for the basis of their claim for tis kind of relief; and even the learned counsel on the oiler side, L was giad to see, when he had closed that part of his address 12 which he spoke of past trans- actions, said that substantially the real question in the case was as to the present and as to the future, and although I beiieve that that 1s all that ts to be considered this case—thatzis, wilat tie city gov. ernmeat are now doing to the damage of the plain- tir and what, they tureaten in the future to do to his damage—fiough 1 believe that all—that ts, all that is proper, cognizable in this case—yet lam not sorry that sume of the defendanis have tn their affidavits perfectly told all that they knew of their relations to the past. Asfaras Mayor Hall 1s concerned, who I represent in this motion, he has slated that he has no connection with aay person who are contractors in any way lor the city government— he has stated it distinctly, not flippanuy, as the learned counsel on tre other side somewhat fip- pantly observed; but seriously, gravely, as becomes aman who received an honorabie election irom the people of the city of New York. He has de. med his conuection—his pecuniary connection— With the Leader newspaper. A connection ts avowed in the complaimt, He has been frank and canaid, and told you what that convection 1s—a connection which apy man May have who writes an article be- coming a gentieman. There are very few men in the city who will so honestly speak out the sentt- ments of the heart who not will say, from their past knowledge of the history of the present Mayor of New York, that he is as much to be’ believed as any man whose afMidavit was ever nanded in in apy court of justice. He states as to many of the charges, as to amounts which have been paid under his signature, that during his time of office he has sigued 38,000 Warrauts. No reasonable man, let any man consider the responsibility of his own duties, could expect him to read through all those accounts; hwiiai mature could not endure 1 Like men in bituks and ihercantile establishments and other corporations, he had to depend on the reli- ability of his subordinates. He should be entirely guided by the confidence they place in their assist. tants when only his signature ts to be appeaded, He says tnat he never signed any warrant which he had reason to think was unjust and uulair, aud Your Monor and every respectable, mtelligent man tn ue city will, Lam sure, accept is statement, 1 believe itand present it for such consideration as the Court may please to give it. There is no doubt that when the old spendtirilt form of government—if it were spendihrift—existeil, leita large amount of debt and ditiiculry to its successors. Against that dificuity Uuicy have fought as Well as they might. 1t does nol form any part of My case to go into that operation. The learned counsel for the other defendants will more ably deal with that. 1,on the part of my is there in the pres+ ent, What is there ent conduct of the civic governt Unreatened In future Wuica Mr. Foley, tho plainuut, hes aright to complain of? 1 desire Your Honor to setme rignton that point af there is anything wrong about It, As to the igures herein adduced on the part of the defendants the difference is not of Teal naportar The question is whether inthe Huanciai government ot the city of New York any error has been committed. Now, the learned counsel on the other side said that the Tax law of 1 ‘Wat ail Claims accruing against the city aud county | of New York in 1871 shoulu be patd out of the taxes liected in that year. This is the question really to be argued, ‘the amount that can be raised by the lwo per cent tax and appiicable to the city government 1s 182, tax to 2 7 The State be — out of tat Is $e, 741,% leaving a@ balance of $16,621,671. In the complaint it 1s stated they believe $9,000,000 of bonis are coming due this year. Now the $9,000,000 of bonds ace } ing, on the theory of the counsel for the plainuf, are also to be paid out of the money raised by the two cent taX named. Deducting $9,000,000 that gives you $7,626,570, What would remain for the city governmenty Now, then, for the local improvements stated in the — complaint Jolio sixiy-tve, you find that there is to ve paid out $6,215,736, Deducting that amount, what 1s left according to Uus theory jor the carrying on of the business of the cliy of New York? ‘There 1s left for carrying on the business of the city of New York $2,406,834. In 1864 the expenses of the government rau up to nine or ten miilion dol- jars. Jn 1860 they were beyond nine million, and yet my learned friena supposes that, in 1872, when the city is growing, it was the intention of the Legisiature—couid it have been the intention of the Legislature ?—vo conduct its business for $2,460,000. No judge will believe the Legislature intended an impossibility. It seews to me the Legislature never meant anything of the kind, The learned gentle- man then proceeded to read tne Two Per Cent act already alluded to, and, commenting on it, said there Was nothing im the act to sustain the arguments of his Jearned friend, If what that gentleman sought to show were correct the Legislature would be in- consistent With liself, He also reviewed section 3 of the same act and also the Consoildation act, with the view of showing that tuere was po inconsistency between them and no evidences of implied repeal, and then remarked, Your Honor, it is the duty of the Court to uphold, not lo overthrow, the express law of the Legislature. In Engiand, if two acts are passed on the same subject im one session ft ts the rule of Parilament inat the latter shail never be regarded as repealing the other unless the laiter be specially directed to that purpose. It 18 not to be supposed that the legislative mind ts unstable as water and Changing from hour to hour and minute to mimute, I respectfully submit, Your Honor, that upon these two sections as they stand there Lod chan da repeal; that the two acts must be supported—one explains the other—and tI under them the city authorities are not only wat+ ranted in issuing consols to pay bonds of the city coming due in 1871, but It is their duty, and if they paid 1b out of anything else they would be violating their legal duty. If they are authorized by law to pay Ulese bonds being due in 1871 they are not authorized to pay tt out of the proceeds of we two per gent tax, EPTEMBER 14, 1871—TRIPLE SHEET, That ts the question, Let me read section ten of the act, which 13 conclusive on the quesiton, tf there could have been aay douvt aboutit. It ts ex abyn- dante cancela, From that extract i will be seen that there cannot be a shadow of doubt upon the judicial mind. Although these two sections to- gether aid one another, yet the Leyisiature actually went to the trouble of expressly speciiying that the Two Per Cent act did not repeal or in any way aiect the power and duty the city to issue these consols. Anda that act is one of the acts which my learned friend on the other side alle, to be, on the part of the city government, a violation of the law. Now if that be A VIOLATION OF THE LAW let us note it. 1 present my views to Your Honor, believing that they are right, nd it is for Your Hoabr to am Detween us who and who 13 wrong. is right I can only say that ifitcan be argued successiully that there 1s any repeal of the Two Per Cent tax law, O1 the power to issue cousols in the law called the Consolidated Debt law, in spite of the fact that both sections of the law stand together,.and in spite of the fact that the latter law does not impair the effect or in any Way touch the provisions of the former, then I say the sooner we arrive at @ new treatise of the State law and set aside Wallace and others who have written on the subject of our laws—the sooner we turn over @ new leaf the better. Then there would be no trust im the acts of our Legislature. I submit, so far as this claim is concerned, and which Your Honor will see developed in the complaint, rolio fifty-six, in which it is made the subject of accusa- tion against the elty government, that bonds to the extent of $7,304,000 have been issued under the Con- solidation Stock act, and under the authority of chapter three of the Laws of 1871, that that authority, imstead of being a pretended Creer Fe is legal authority, aud 18 compulsory on the civio officials. ee Honor, the next question is as to the legality of the issue of what 1s called REVENUE BONDS. And, first, Your Honor, I am satisfled that Your Honor understands what these revenue bonds are. These revenue bonds are issued in anticipa- tion of the taxes to be collected; tor Your Honor knows that there 1s no possibility of collecting taxes by magic, and that a considerable time must elapse before monoys directed to be levied upon individuals is paid by them or finds its way into the pubiic treasury. From convenience and from necessity it has been the practice or many years to issue revenue bonds in one year, payable a3 soon as possibie, but generally in the next year, on Individual taxation. My learned friends object to this proceeding in this particular case, ana say that there is no authority for the issuance of such bonds. AN ADDITION OF SPICE. Mr. BARRETT—We did not object, sir; we did not odject, 1 never sald so. Mr. O’GORMAN—Oh ! the clouds are clearing, I » Sir. N—Oh! I thought they were—but we'll see. My friends then, do not object to our issuing revenue bonds? Mr. BarreTt—We never did. Mr. O’'GoamMaN—Then the clouds are clearing. Our friends say that they do not object to our tssu- ing reyenue bonds, and [ will pass that, Will you now gay the same as to the issuing of bonds under the Consolidated Debt acty Mr. BARREIT—We object to the raising of more money for the current expense of the government. Mr. O’GoRMAN—Then I see that the clouds are esting. You tntend to say, now, that you are not opposed to the-issuing more bonds in any shape, although this morning you were opposed to our doing so. I must compliment myself that I am carrying my polnis against ay adversaries; nay, 1 trust that lam not failing to carrymg them aiso with the Coury. Counsel then referred to the issuing of bonds for the general improvements of the clty—the parks, boulevards, Crovon works, &c.—and, not having concluded his argument at the regular hour for the adjournment of the Court, it was agreed that he shouid resume on the opening of the Court this morning, THE JOINT COMMITTEES, Investigniion of the Municipal Acconnts— Private Session of the Cit'zeus—‘ppoint. ment of Sub-Committees. With the earnest intention of ferreting out the mysteries that are supposed to surround and shadow the accounts of Comptroller Connolly, and with the evident desire of bringing to light ali the nidden secrets of his office, the Committee of Citizens appointed to investigate the financial condition of the aflairs of both city and county met yesterday morning at eleven o'clock in the chamber of the Board of Supervisors. The session was a private one, no person being allowed to enter the room or participate in the proceedings except those ap- pointed for the purpose. What transpired is a secret, as the conterence was held chiefly for the purpose of determining what course should be pur- sued in order to facilitate the RIGID INVESTIGATION that hasbeen commenced. It 1s understood, how- ever, that the Citizens’ Committee Intend to employ experts to go over the accounts seriatim, and that, however long the figures may last, it will be con- tinued uncll full and satisfactory information can be obiained. The citizens were engaged about an hour, and, heealess of the Surging crowds that thronged the Mall, pursued their deliberations until noon, when they were joined by the Committee of Supervisors and Aldermen. This session was a oe one, eH comparatively brief. Alaerman imond presided. After some discussion the fol- lowine sub-committees were unanimously ap- pointed:— On City and County debts, Funded and Unfunded, Sinking Fund and Accounts—Messrs. Phelps, 03- borne, Kennedy and L. R. Jerome. Armories and Drill Rooms—Messrs. Solomon, Pearsall and Woltman. Court House—Messrs. Donelson, Claflin and Plun- Kitt Printing, Advertising, Stattonery and Blank Books—Messra, Cutting, Jeremiah, Pearsall and Schitething. ay Ko:'s—Messra. Spoftgrd, Rogsevely and Di- 416 and Corporation Ordindie’’—Messts. Por- ter, Parsons and Welch. Mr. Boors, after the appointment of the above committees, stated that the Committee of Cituzens had appointed Messrs. Donelson and Carter members of the sub-committees, The chairman of the Committee of Citizens and the chairman of the Board of Aldermen pro (em, were appointed ex officio members of the sub-committees, Stee aoe adjourned subject to the call of the Chair, “WHERE'S INGERSOLL ?” Has He Left!—His Partner, Watson, and His Father, Lorin Ingersol!, Interviewed—"‘Tho Ingersoll” to Appear To-Morrow. “Find Ingersoll ! Were the instructionsyesterday given to a HERALD reporter, indefinite as was the laconic order from his chief, the reporter at once consulted the Clty Directory for the abiding place of the Ingersoll famliy. After wading through the list of twenty. two “Ingerzolls”’ he dropped to the conclusion that the Ingersolis of the firm of ‘Ingersoll, Watson & Co., chairs, 71 Bowery and 49 Chrystie,” were the ones wanted, Twenty minutes later he presented himself at the door of No. 71 Bowery, and was re- ceived at the entrance by a young man of medium height, florid complexion, and the possessor of one of “Job's comforters,” which had had the audactiy to venture out from the usual place of domicil and locate upon the gentleman’s proboscis. With a “smile blandiike” the reporter approached the gentleman with the remark:— “1 wish to see Mr, Ingersoll.”’ “Which of them /’ was the inquiry. “Mr. James H. Ingorsoll,”” was the answer, in deep gutturais, “Oh ! he is East—left yesterday.” “Where did he go to?” “To Portland, Me,” “Left yesterday, you say?” “Yes, he left here yesteraay. “What is his address 7” “Portland, Me., I have sald.’ “But I wish to communicate with him at once. How shall 1 address him ?” “Portland, Me,” “That,” said the reporter, ‘is very indefinite, Where will a telegraphic despatch reach him?’ “Oh! a despatch? (Hesitating.) Care of the Meath Smith Manufacturing Company.’ “Are you a brother of Mr. Ingersoll’ the reporter ventured to ask, “No, Lam his cousin, Iam Mr, Watson,” was the Tesponse, “Mr, Ingersoll has a residence in Connecticut '” “Yeg," “Where ?1 “At Norwalk."? “Is he there?" “No; I Mave already said he is at Portland. left here yesterday," “But''—and the reporter spoke with cautlon—“the papers say Ingersoll has ‘lett.’ “IU 18 a lel” exclaimed Watson; “he was here yes terday, and will be here again in a few days.” Here the reporter handed Mr. Watson his card, and candidly stated that his object in making the visit was to find out whether Mr, Ingersoll had really disappeared. Mr, Watson was at once at his ense, and, repeating his previous statements as to he Movements of Mr. Ingersoll, Informed the re He has gone ast.” He See ee | porter that Mr. Lorin Ingersoll, of the Board of Edue cation, father of the chair dealer, would be in tae oMee in ten minutes, In luss than ten minutes Mr. Ingersoil appeared, when he was hanled tue reporter's card, and received him graciously. Mr. Loria {ngersoll’s starements as to the move ments of his son substantially confirmed those of Mr, Watson, except that he claimed chat his son had yesterday departed for Portland, Conn, “Why, sald the reporter, “this gontleman, Mr. Watson, says Mr, J. fl, Ingersoll 1s in Portiaad, Me. “That is a mistake of yours,” sata Mr. Lorin Ingersoll, turnmg to Mr, Watson. “It ts Portian: Conn., not in Maine. He will be here to-morrow.” “But, Mr. Ingersoll, it 1s said that your son has disappeared. #rom what Mr. Watson tells me te appears ho Is still In the country,” said the reporter, “Yes—sir—and he'll stay here’? “But Iam ordered to find um. Is he not at his home in Connecttent ?” “That place in Connecticut belongs to me. He ta not there, He will be here to-morrow,” said the dise ‘Ungulshed educational omtver, P| Mr, Ingersoll, I believe you; but to satis’y the Jie ic that the report of the sudden departure of Mr. Ingersoll is untrue can you not, in a note to my superior, state the facts you have given to me, ao make it unnecessary for me to visit Connectl- cut? “Certainly,” said Mr. Lorin Ingersoll, and, tura- ing to Mr. Watson, he remarked, “Go in and W note of this kind.”’ cee Mr. Waison disappeared into the office in the rear of the salesroom, and the reporter and air. L. Inger- Soll remained at the door, neither for a moment speaking, #inally Mr. Ingersoll spoke and objected to bemg mixed up in tue Case. aang) satd the reporter, act upon your best judg- Mr. Ingersoll at once hurried to the rear of the room, aud Mr. Watson came out and announced that Mr, Lorin Ingersdll aid net wish to write a note. “But,” said the reporter, ‘ne tastractea you te write @ note con.radicting the reported inght of air. Ingersoll, Jr. 1tis due to the public that the story should be contradicted if Mr. J. H. Ingersoll has not Jeft for parts unknown.” Watson at once came down to a patronizing mood, said that Ingersoll, of the Doard of Education, wished to keep aloof from tue fight, and, lowering his yoice, remarked:— “Goin and see the old man,’ To a HERALD reporter Watson's hint was enough. Entering the oilice of Ingersoll, Watson & Co., Lorin Ingersoll was found tying of at adesk on the left, and @ young man, Wearing a white. hal, occupying adesk on tie tight. AS le entered Mr. Lorin In- gersoll arose and poiltely recelved tne reporter with the remark :— “Lhave decided to say nothing. I don’t want to be mixed up im this case, nor write a letier contra. dicting newspaper rumors,’? “AL right, sir; but will Mr. Ingersoll, Jr,, be here to-morrow :”’ asked the reporter. ‘Yes,’ said Mr. Ingersoll, “ne will be here— Hol What day is to-morrow??? “Thursday,” the reporter ventured to utter, “Then he won't be here.” “In that eveat T must go at once to his residence at Soutn Norwatk, Conn.” i _Lorin Ingersoll smiled and remarked, “Go there, You will find my wife ana friends, but you won't find him, Lown that property, James H. Ingersoll will be here friday morning.’? “At what hour?’ asked the reporter. “Between mine and ten A, M,,’’ responded Mr. Ingersoll, Sr. “A number of other gentlemen have appointed to meet him at that time,’? ‘nen, in that event, 1 shall be here,” said the re- porter, who poiltely bowed himself out of the pre- mises 71 Bowery. A reporter of the HERALD will be at the premises from nine to ten A. M. ou Friday to soe Mr. James fee Ingersoll, wio 18 reported to have left the coun- ry. THE of tho New Haven Grays ta Brooklyn, Yesterday afternoon the New Haven Grays, Cap- tam Hendricks, reached New York, and were escorted from the New Haven Ratlroad depot to the armory of the Forty-seveuth regt ment, Fourth street, Brooklyn, E, D., by Companies A, B and E of the Forty: seventi, On reaching the Brooklyn side of the East River the Grays were recetved with tumultu- ous cheers by a large number of cuiizens who were awaiting their arrival, and thelr march from tha ferry to the armory was a continued ovation. The Grays are looked upon as the crack company of tua Second Connecticut regiment. They were accom: pamied by the Veteran Association of the company, under command of Captain Sloat; by Adjutant Gen- eral Merwin, Colonel Smith and staff, of the Second Connecticut; Mayor Lewis, of New Haven, and @ large number of guests, Qn react gers wers cordially received by a@ committee of the Forty-seventh, of which Major Rogers was chalr- , and Captain A. 8, Doughty delivered a speech of welcome, that was brieiy responded to by Cap: tain Hendricks, of the Grays. Afier partaking of @ co!lation the visitors were escorted to various places of interest. In the evening all again met in the armory, and aiter forming line marched to the foot of Broadway, where they received the Twelfth regiment, of New York city, who crossed the East River todo the New Engianders honor, Here another line of march was formed, in the following order:— Police. Forty-seventh Regiment Band and Drum Corps. Forty-seventh Kegiment, N. G. 8, N. Y., Colonel De . i, Austen, Veteran Association, Forty-seventh Regimeut, Colo nel J. V. Meserole, Veteran Association of tne New Haven Grays, Oap- tain Sloat. Guests of the New Hay rays, Ban ahd ‘Shun aah = New Haven Grays, Captain Hendricks. Tweifth Regiment Band and Drum Corps. Twelfth Regiment, N. G. 8. N. Y., Colonel Ward. The streets through which the citizen soldtery marched presented quite an animated appear- ance, je sidewalks being densely lined by persons of both sexes, and very many of the stores and dwellings were illuminated. On reaching Bedford venue the military were reviewed by the Mayor of the city and a committee of the Common Council, and ie paradg was céntinued dint teal midnight, wien the Fourth street armory was again reached. There @ substantial supper was provided, at which reciprocal toasts were given and responded to, Mayor Kalb. feisch speaking to the visitors and Mayor Lewis, of New Haven, responding. Colonel David EK. Austen, General Meserole, Major Rogers and other promt. nent officers of the National Guard also delivered brief addresses. To-day the Grays will be escorted to Rockaway Beach by the Forty-seventh, and will depart for the “Land of Steady Habits’! in the evening. Tne New Haven Blues mtended to accompany the Grays on this visit, but were prevented by want of uae, Reception WESTCBESTER COUNTY FAIR, Frogress of the Exhibition—Fruit, Flowers, Art and Industry—What the Various De« partments Contain—The Programme for Te- Day. Owing to the disagreeable nature of the weather yesterday littie progress was made in the reception and arrangement of articles Intended for exhibition at the Westchester County Annual Fair, The copious rain which fell during the pre- ceding might, while assisung - the man agers in effectually disposing of the dust which must have proved a sérious drawback to thelr efforts, also had the effect of preventing a large number of the country people from putting tn an appearance with live stock and articles of domes- ic manufacture which had already been entered. Under these circumstances the managers, instead of closing the entry books yesterday, as originally an- nounced, have decided to keep them open until noon to-day. A glance at the various departments convincea the observer that the number of articles at present offered for exhihition falls short of the display made on former occasions. Should the weathers prove favorable to-day, however, this paucity of county productions will, doubtless, give place to liberal exhivition of the results of in- dustry, skill and taste. An exception to the ‘above rue may be found in the department alloted to domestic fowls, where an unusually large and varied selection may be wit- nessed, The horticultural specimens are particu- larly attractive, and abundantly testify that THE “ALPHABET OF THE ANGELS)? assiduously studied by the ladies of the ‘Thus far it does not appear that the quan~ for competition ts is Myst county, tity of live stock offered going to equal that witnessed last year, elther, In quantity or quality. The princip: attraction among the quadrupeds already on the fair ‘grounds, is & mammoth ox, five years old, and weighing 4,000 pounds, The colossal mountain of moving meat was raised inthe town of Cortiand, and ig! said to be the largest beast of its age: in the country, This collection of fruits and vegetables promises fair ta excel ag of any of the previous fairs, while the number of agricultural implements sent in is exceedingly meagre. Among the articles of domestic manulac- ture may be seen some realiy MERITORIOUS SPRCIMENS of wax flowers and hair work. A patchwork quilt, , made out of homespun material and 163 years old, commands the attention and criticising scrutiny of the softer seX. © ‘Toe Third regiment N. G., 8. N. Y., arrived on the ground yesterday, and at once pitchea tents pres paratory to encamping for @ couple of days, Should Governor Hoffman visit the Fair to-day (as is con- fidently expected by the managers) he will review the regiment and also deliver an add before the soclety. Other prominent speakers havi also Rene to be present, Should the weatuer permit the trials of speed will commence to-day, when tt is expected that a goodly number of those addicted to turt sports will be present, [018 alsa understood that the elaborate infant's carriage will be awarded to the fortunate owner of the handsom est baby uncer eighwen montis old the armory the distinguished stran- ©