The New York Herald Newspaper, April 20, 1872, Page 3

THE STATE CAPITAL Excitement in Albany Over the Charter, Governor Hoffman the Hope of the Seventy Solons. LOOKING FOR A VETO. Only One Word, Mr. Governor--Sign. Will the Days of Grace Be Utilized by the Court of Appeals ? VANDERBILT'S RAPID TRANSIT SCHEME, A New Project Submitted to the People—Thd Citizens to Take the Construction Into Their Own Hands—A Place for Messrs. Green and Van Nort—A Three Cent Fare from the Battery to Harlem. THE BROADWAY WIDENING DECISION Report of the Miller Investigating Comanittee. ALBANY, April 19, 1872. Speculation is rife as to what the Governor will do with the Committee of Seventy’s charter, which was to-day sent to him for his consideration. It is fact which nobody here can deny that the Governor has over and over again in private con- versation ridiculed the charter as it first passed the Assembly, and that he is personally of the opinion that it is unconstitutional, by reason of its cumu- lative voting feature. He is, however, a shrewd politician, and knows right well that the republicans in both houses would be exceedingly delighted if he were to veto it. Many of the majority voted for it because they wanted to be put right on the so-called reform record, and at the same time get rid of a very dis- agreeable responsibility; and if the Governor would only be kind enough to shoulder the entire respon- sibility of its utter failure they would come out with fying colors, and have a good opportunity of pitch- ing into the Chief Magistrate for his “opposition to the popular will.” THE GOVERNOR'S ACTION DOUBTFUL. Now I have it from the very best authority. that the Governor will not gratify the patriotic anxiety of the majority. He will not veto the bill, but he will never consent to put his name to it; in other words, he will allow the legal ten days to pass by without taking. any action upon it whatever, thus permitting it to become a law by default. There is only one chance against a hundred in favor of his vetoing it, and that is if he can obtain from the Court of Appeals, before the expiration of the allotted ten days, an opinion adverse to the constitutionality of the cumulating voting clause, If he can obtain this he certainly will not hesitate to send in a crushing veto message, knowing that the two houses, under the circumstances, will be compelled to sustain the veto. Of course it has not been the custom in past years for a Governor who was in doubt about the constitutionality of a bill awaitng his signature to GO TO THE COURT OF APPEALS and get their opinion about the matter before taking adecisive step for or against the measure. But Mr. Hoffman has taken this way of getting the best of the Legislature once this session, and his suc- cess was such a brilliant one, because ofits novelty as much as anything else, that if he feels that he has a good chance in the present instance to repeat the victory, and with a more crushing weight than ever, itis reasonable to suppose that he will not hesitate to avail himself of the nd opportunity. Yet right in the face of this chance stands the written opinion of Professor Dwight in favor of the constitutionality of the cumulative feature of the charter. The time that now remains for the Court of zapeae to take hold of the question and decide it before the DAYS OF GRACE FOR THE GOVERNOR expire is very short; and it is generally con- coded to be entirely too short to allow them to carefully digest the — constitu- tionality of the bill. The Committee of Seventy are doing their best to “sound” the Judges of the Court on the subject, but they very properly decline to say what they think about the matter, on the ground that at some fature time the question may come up before them for adjudication, Mr, Wheeler, the representative of the committee here, who has determined, “Come weal, come ‘woe,’ to remain at the capital until the agony is over andthe triumph of the reformers is made complete by the bill becoming a law, does not seem to share the opinion of those who believe that the Governor will veto it. He agrees with the majority of the Legislature, that the ten days will be allowed to expire and the bill be allowed to be- come a law without the Governor BEING COMPELLED TO SIGN IT. He is working actively to find out what obstacles are necessary to be overcome in order to insure the bill becoming a law, but it is not probable that even he will be able to turn the tide if it should once set in from the Executive office “dead” against the charter. The situation therefore can be summed up ina few words. The Governor will veto the bill ifhe can get the assurance of the Court of Appeals that itis unconstitutional. If he cannot, rather than shoulder the blame of prolonging the term of the Legislature, which, in case of a veto on his own re- sponsibility, would be compelled to go to worklanew on another charter or make such amendments to the present one as would dha, then on to the peo- ple, he will allow it to become a law by KEEPING IT IN HIS POCKET during the ten days; for itis generally conceded that a two-thirds vote to override the veto in the lower House cannot be obtained, notwithstanding the strong vote by which the bill was passed. In the meantime the _ friends of the charter are hoping against hope, and its opponents are busily engaged in building up every possible barrier to its ultimate success. By Monday ‘week the ten days will be up; if aveto does not come in by that time the Committee of Seventy will be indeed out of the woods, and can afford to sing pwas of victory with good and sufficient cause, THE NEXT BEST SCHEME—RAPID TRANSIT. Now that the charter is disposed of, the next bn ee the Legisiature to provide for the city of New York, and what the people need even more than anew charter, is the system of rapid transit from the Battery to Harlem river. In this connection it may be stated that a Cag) ok athe will likely be effected, by which the plan that will be adopted for sink- ing the track on Fourth avenue to Harlem river will be substantially the tunnel system instead of the open cut. The question is now pending in the Assembly. It will be up again next week, and it is understood that the compromise will be effected in the meantime. In that case the measure will speedily pass both houses, The other scheme of Vanderbilt's, that of constructing an under- ‘ound railroad from Fifty-ninth street to Oity Hall ‘ark, which was adopted in the Senate yesterday, ‘was sent to the Railroad Committee of the Assem- bly to-day, and will soon be reported favorably. It is a foregone conclusion that this measure will 88 the lower house without much delay, because it is believed that as soon as the franchise is ob- tained Vanderbilt will proceed to construct the road. The people care little about who obtains the franchise, What they wantis quick communication. ANEW SCHEME ‘was presented to the Assembly this evening, and one which could not fail to be perfectly satisfactory to the people if properly carried out. Mr. Moulton fntredai a bill which proposes that the people of the city shall take the subject into their own hands, and the city constract such railroads for providing rapid transit as competent engineers shail recommend, the roads to be owned by the city and ran for the accommodation and interests of the ublics The bill provides that Andrew H. George M. Van Nort and William B, with two persons to be appointed jovernor of the State, and two by the Mayor sy shall constitute a board of commis- sioners for the purpose of carrying out the work. The Commissioners are to serve without compensa- tion, except the president of the board and the chief executtye officer, who are to have af annual salary not exceeding $6,000 each, Tie Commissioners shall appoint seven eminent engineers, who, afte a personal examina tion of the ground and the work to be accom- lan and the transit The pjan pllsned, shall devise the best est routes fur a system of” rapid P iN Jn the city, With an. estimate of the edat | NEW YORK HERALD, SATURDAY, APRIL 20, 1872.—TRIPLE SHEET. 1s to have reference to the passenger circulatio n as it shall be presumed to exist in the year 1880, and shall provide for the a accommodation of the east and west les «Of 6«6the:=«(city. It shall be devised cost, the interest of with the work- ing expenses, shall be within the estimated revenues of the roads. As far as practicable the ROUTES SHALL BE ALONG EXISTING STREETS and avenues. It is made necessary for at least five of the Commissioners to sign the report recommending the plan and routes, and then {it must be approved by; two- thirds of the Commissioners, and also by the Mayor and Governor. The plan and routes being thus se- lected and app) , the Commissioners shall ree to construct the work. They are authorized appoint a chief engineer 4.5, Receunary 1 is assis! officers and agente, are declared to be public highways of the city of New York; 8 pubes ck, to be ealled “The City Railway Fund,” bearing éeven per cent interest and rédeémable in fifty years, is to be created, in order to raise the estimated amount of money re- quired to carry on ind paeete the work. When the roads shall have beet ébmplated they mav either be operated or leased by the Commissioners. A SEVEN CENT PARE, The rate of fare shall not exceed seven cents for the whole distance and five cents for any distance above or below Seventy-aecond street. The fare ta 9 b reduce: ‘ a time to time as th nal condition of the roads may permit, until it reaches a uniform rate of three cents for the whole route. The bill provides that the question shall be submitted to the people of the city of New York at the next election, w! chy - cording to the new charter, is fixed for May 1, 1872, THE VIADUCT RAILROAD ACT, Mr. Madden in the Senate and Mr. Whitbeck in the ASR this evening introduced a sup- plementary bill to the duct Railroad act, which allows the company to acquire property they desire to use for the purpose of the road as pro- porty ig obtained under the General Railroad act. Se | Nee leimalndand E ~ JHE CENTRAL UNDERGROUND SCHEME, The Central Underground Railroad bill obtained a new lease of Jife again to-day, a motion to lay the adverse report of the Railrogd Committ op Y table Ineyaing in the Senate by a vote of 15 to It is not likel ly, however, that either this or the Beach Pneumatic will become @ law this session, It is, on the contrary, pretty certain that all the pullings and haulings that are being indulged in now by the advocates of each will in the end count for nothing, |. . NEW JORY BILL. The Senate Judiciary Committee to-day reported favorably, and without amendments, the Assembly bill advocated by Jud, Bedford and Recorder Hackett, in relation to the qualifications of jurors, and the bill providing for the holding of two sittings at the same by the Court of General Sessions. The jury bill is an excellent.one, and when it becomes @ law ignorance and stupidity will no longer be the infallible guarantee that a man can act con- sclentiously as a jursr. Intelligent men, who will persist in reading the newspapers and keeping posted as to the way the world wags, will at the same time not be at such a discount in the eyes of “learned counsel” as they are now, and ridiculous verdicts will be di hed as @ natural conse- quence. THE CAUCUS SCHEME, TOO, The joint caucus of the republican members fixed for this afternoon did not take piace, for the very ood reason that the members did not show up, ‘he fact is there is a screw loose somewhere, and after the expesionse of the caucus last night the independent members do not feel inclined to put their heads in the noose. The dodge of endeavoring to foist pri- vate bills on the caucus, to be supported in the two Houses as political bills, was “too much of a good thing” to be stomached with ease. Hence the fail- ure of the secret talk that was to be, IMPORTANT DECISION BY THE COURT OF APPEALS— ROUGH ON SOMEBODY. The Court of Appeals has at last decided the mooted question of the rosa way Widening and Straighten- ing Scheme. The case, it will be remembered, was brought by one of the property owners, who felt arereres at his Property, being taken away from him and only one-half of its real value being al- lowed him. In making the decision on the case the Court holds that the confirmation of the report of the commissioners to award to owners the valuation of land taken, and to make assessments or benefits, was a judicial act; that Doe, like any other ju ent act, was subject to be set aside for fraud In procuring the order; that the facts in the case proved that the order of confirmation was procured by fraud; and that, therefore, the Special Term were right in vacating it, and that the order of the Special Term wus rightfully afirmed by the General Term, THE ELECTION BILL. The Election bill, which has given rise to such a scare among the pothouse politicians in New York clty, and their devoted servants, the professional repeaters, reached a final vote to-day in the Senate. It was passed by 19 to 4—Messrs. Johnson, Lord, Cook and Tiemann, all democrats, votingin the negative. This bill, in its original form, it should be borne in mind, was ordered to a third reading in the Assembly a few days ago, but as the Senate has put into it several amendments that the Assembly bill does not contain it has been decided in caucus that the Assembly to-morrow substitute the bill as amended by the Senate in Meu of the original and unamended bill ordered to a third reading in the lower house, and pass it without making any further amendments. ‘The billas presented in the Ceveaety a ode! pub- lished in fujlin the HERALD on the 10th Januar; last. In its present shape it leaves unchanged al- most all the iron-clad tests and cumbrous ma- chinery as therein provided. The most important changes are made in the first section, which is a8 follows in the bill about to pass:— Src. 1.—Hereafter all officers to be elected by the people in the clty and county of New York, except Gov- ernor, Lieutenant Governor, Chief Judge and elate Judges of the Court of Appeals, Justices of the Supreme Court, Secretary of State, Comptroller, State Treasurer, Attorney General, State Engineer and Surveyor, Canal ectors of State Prisons, District Attor- uperior Court of New York, Judges of New York, Justices of the Marine Court of the city of New York, Senators, Members of Asmembly, Sheriff of the elty, and county of New York, Police Justices and Justices of the District Courts, Clerk pf, the olty and county of New York, Register of the city and county of New York, Coroners, Repre- sentatives in Congress, and Electors of President and Vice President shall be chosen in the year 1872, and election to be held on the fo esday' in May In any such year, and in such years thereafter as are or may be designated by law, at ‘@ local election to be held on the second Tuesday in April in any such years The second section provides that all election a for all purposes whatever, as regards the pre- senting for perma or acceptance, and of the pro- testing and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as is the first day of the week, com- monly called Banter. The bill keeps in force all the penalties of impris- onment for counting and fraudulent voting, making these offences felonies. The parts of the act beng nnge. 8 the permanent registration machin- ery will not take effect until after the coming char- ter election. PROCEEDINGS OF THE LEGISLATURE SENATE. ALBANY, April 19, 1872, REPORTS. Fixing the compensation of jurors in New York; regulating challeges of jurors in criminal cases; to prevent and punish fraudulent practices; to provide for the government of the city of Brooklyn; for paying the expense of constructing sewers in Brooklyn; to incorporate the St. Canisius College ; to authorize a double session of the Court ot General Sessions of the Peace for New York; to amend the charter of the Foundling Asylum of the rity in New York; in relation to the Colles tity of New York. The bill reguiating the manufacture and quality of me wee reported adversely and the report agreed to. authorize the Pacific Mail Steamship Company to redeem its stock; to authorize steam towage on canals, On motion this bill was passed, On motion the adverse report on the Central Un- derground Railroad bill was laid on the table by a Vote of 16 to 12. BILLS INTRODUCED. By Mr. TIEMANN—An act to establish St. Paul's church at Rome, Italy, by @ board of trustees in New York city. The Senate then resolved to hold an evening ses- sion for the consideration of general orders, and took a recess until half-past seven o'clock P. M. Evening Session, PO RTS. In favor of extend the piers in front of the Wail street res, Brooklyn. To incorporate the village of Yonkers, ABOLISHING IMPRISONMENT FOR DEBT. Mr. Silas M. Stillwell, to whom the people of the State are indebted for the law abolishing imprison- ment for debt, sends another memorial to the ee ature asking that the intent of the o1 act shall be carried out, and that there shall after be no imprisonment for debt of any kind. He recites the fact that forty years ago he initiated this movement, and asks that it may now be per- fected so that, to use his own phrase, “then my task will be finished,” GENERAL ORDERS, The New York Warehouse and Railroad bill was considered at length in Committee of the Whole. The committee reported progress without having gone through with the bill. Adjourned. Eig niontics no of the ASSEMBLY. ALBANY, April 19, 1872. PUNISHMENT OF BRIBERY AND CORRUPTION AT BLEC- TIONS. Mr. Jacons rose to what he regarded as a privi- leged question. Last year the Legislature had passed a joint resolution proposing an amendment to the constitution, which provided for the punish- ment of bribery and corruption at elections. Under the constitution this Legisiature must pass upon the same question iu order that it may be submitted to the people next fall, His attention had been particularly called to the matter by a petition from citizens of Montgomery county, which he would present, and at the same time ask some one of the Saeiey what was proposed to be done in the matter. Mr. ALVoRD assured the gentleman that the mat- ter had not been overlooked, and that he would call for the consideration of the proposed amend- ment to-day or to-morrow. BILLS DISPOSED OF. The House then went into committee and dis- posed of the following bills as noted :— To authorize the Southside Long Island Railroad Company to extend jts branches and use steam dummies. reading. To proyide for retiring the capital stock of cer- tain life insurance companies, and distributing the a is of pe business among the policy holders, yeressed. ‘To incorporate the Hunter's Point and Flushing Raflroad Company. Third reading, To provide for the construction of life saving stations on the coast of Long Island, Third reading. To amend the act for the relief of the Brooklyn, Wingext aud Newton Railroad Company. Third ating. SEW. arse te eek andes tte Mr. Harr moved the following amendment :— SxctioN 7.—No consents given or obtained prior to Janu- ary 1, 1871, under the act authorizing town subseriptions, assed April, 1309, shall be binding or valid except. in lowns where said Consents were completed prior to Janu- ary 1, 1871; nor shall any such consents so obtained prior to’ such time be used for the purpose of bonding any town ax specitied in said act and the several acts amendatory thereof, The provisions of this act shall not apply to towns Where bonds were actually issued prior to Jan- uary 1, Mr. Fort opposed this amendment strenuously and Mr, Hart sustained tt with equal force. The amendment was adopted and the reported to the House. In the House Mr. Fort moved to recommit the with instructions to strike out the amendment, an proorens to oppose it again on the ground that it was extremely unjust, Mr. Hart responded that all that was asked was fas ‘th G3 nts obtained prior to January 1, 1871 declat valid, because they were obtained through fraud. Afjer rier disenssion the question was taken on Mr. Fort's amendment, under the operation of fae prdvious question, ahd it was adopted—cs to 42—and the bill was ordered to a third reading. To promote marksmanship among the National Guards, appropriating $25,000 for the purpose. ‘This bill elicited speeches from Messrs. Moseley, Alvord, Houghton of Saratoga, Smyth and others, filled with patriotic sentiments and views of far- reaching prescience, who laid before the House the pressing necessity for fostering a military spirit among the people. Mr. Griffin and Ira D. Brown opposed the bill, After further discussion the Dill was ordered to a third reading, THE PUBLIC PRINTING. Mr. SMILRyY, from the oe Committee, sub- mitted areport of their investigation of the mat- ter of public printing. The committee concluded by saying that, though they are not disposed to recommend an abrogation of the existing contract for public printing, yet they deem it proper to sug- gest that at Its expiration, or whenever another shall be executed, that the proposals for doing the State printing be advertised upon the same basis, and tat eaeh bidder shal not by allowed to put inal entirely different proposition based upon diferent calculations from his Competitors, thus avoiding the competition which seems to be necessary in order that the work may be procured at mgderate prices. The cominittee also say that though the present contract is vague they have secured no evidence showing that there has been any abuse or violation of its provisions in the matter of charges, nor any thing that indicates it. In fact, they say it would be dificult to tell what would prove a violation of its provisions. The report also says the following facts are clearly established in the minds of the committee :— First—That gross abuses have existed in the matter of public printing, lithography and purchases of stationary for the State. Second—That undue and corrupt influences have been used on the part of Albany printers and Lithographers in influencing the procurement of work from public officers, more especially from clerks of the Senate and Assembly, during the past twelve years Third—That in tar too many instances cl House have exacted trom parties to whe given out work under their control a percentag nm such work, they thereby having become directly in- terested in having the highest possible price for the same. Fourth—That previous Legislatures have shown too free spirit and too litle disereiion in orde the sequence being that a large am trash Nas each year been printed, whi rofit to others than those executing receiving pay for it, With the exception of the clerkstnder whose direc- tion it was most frequently done, who received, in too many cases, percentages and gifts upon it. FUtk—That the present contract, under which the Lecis- cing and has tor three years past been 3 of different construc- lative printing is done is vaguely drawn and al tions being placed upon. it, thereby leaving too much latitude to the holders of the contracts to printing wf a certain character within or without the Legislative |e executing the same, and discretio charge for extras, which legitima’ within such contract. —That, partly because of the abuses hereinbefore ecified the State printing has, since 1861, with the exeep- ton of one or two years, steadily increased, until it now amounts to more gan double that yea = GENERAL ORDERS. The House, in committee, resumed the considera- tion of bills on general orders. The following were ordered to a third reading :— Authorizing the city of Oswego to borrow money for city purposes; authorizing an appropriation for mounted batteries in the various counties of the State; amending the charter of the Cornell Univer- sity as to the admission of pupils. THE NEW YORK POLICE JUSTICES. Mr. FLAMMER moved that the Committee on th Judictary be discharged from the further conside: tion of Mr. Foley’s bill toremove the Police Justi 4 New York, and that the same be reported to the louse. After some discussion as to the delay in reporting, in which personalities were indulged in, the resolu- tion was laid on the table. A large number of local bills were reported, after ee the House took a recess until half-past seven 'y with them ly” ought to come Evening Session. BILLS INTRODUCED, By Mr. WnirneckK—Amendatory of the act of 1871 incorporating the New York Railway Company, for the purpose of providing rapid transit through New York city and county and Westchester county. The bill provides that in case the company cannot agree with property owners with respect to compensa- tion, then the compensation shall be determined In the manner provided for by the railway incorpor- ating act. By Mr. MACKAY—Regulating the sale of intoxicat- ing liquors in the city of New York. It provides that within ten days after the passage of this act the President of the Board of Aldermen shall appoint three responsible citizens to be Commissioners of Excise, and thereupon the term of office of the present Board shall cease. The said Commissioners 80 appointed shall have and exercise all the powers conferred upon the Commissioners of Excise, and shall hold office for three years. By Mr. HAWKINS—To regulate the appointment of receivers, and to require certain duties of receivers so appointed, and to limit their compensation, which prohibits Judges from appointing as re- ceivers any relations. It allows the appointment of a temporary receiver ex parte in pelt ei but reasons must be given therefor. It requires every order to contain a minute statement of the propert: to be delivered or transferred to a receiver, or shall designate a proper person as referee to take proof in order to identify, enumerate and inventory, and pare to the Court the property so to be delivered or transferred, which report shall be con- sidered binding. Receivers shall not be appointed by any Judge out of Court except in proceedings supplemental to the execution, and no such order shall be effectual until an entry of the same shall have been made on the minutes of the Court, nor until a copy thereof, duly certified, shall have been delivered to and left with the person or persons a ae thereby, Other similar provisions are co! jained in the bill. THE INSURANCE INVESTIGATION. Mr. Lippitt, from the Committee on Insurance, submitted a report on the case of Superintendent Miller. It contains over a thousand pages of testi- mony and a very lengthy summing up of the same. ‘The report concludes as follows :— Your committee have herein. fully expressed their opinions upon the various points of this investigation, without prejudice against the Superintendent, and yet with a desire fully and fairly to represent the testimony. Possibly different individuals, equally honest, may arrive at different conclusions. The laws in relation to the examination of insurance companies are very la ‘and abuses have grown up under them which the Legis: lature should at once correct, by the passage of adequate and stringent laws, as suggested in the body of the report. Whether the Superintendent hasbeen guilty of inte! tional violation of law, and whether or not he should be remoyed from office, are questions which we leave to the consideration and wisdom of the House. Tn conclusion Your committe desires to sa that, to their minds, it has poet proved, among other things, to their entire satis- faction— Firet—That the said Superintendent has received and appropriated to his own use the fee of one-fifth of one per cent on the transfer of securities, which he claims he is legally entitled to, That he has, without authority of law, received and in some cases charged for his own use sums largely in excess of his legitimate expenses in making special ex. aminations of Companies, and that he has likewise re- ved large sums in payment for his services in making such examinations. Third—That he has lowed clerks in the department, who are paid regular salaries by the State, to charge and receive iegal and excessive fees for making special and other examinations. Fourth—That he has appointed commissioners to make examinations, who have received large and excessive fees, entailing great expense upon the companies. ‘That the department has been so managed that many of the companies have believed it necessary to en loy brokers and Attorneys, who were known to be on imate terms and favorites with the Superintendent, to obtain examinations id protect the interests of thei companies, and the payment of large sums for thelr pe woth That, the. testimony tends to show that h vat imony tends to show that he has re- ceived through H. C. Southwick, Jr. @ commission of twenty per cent on the printing of ‘the Insurance Depart- men ‘Secenth—That he has withheld from the State Treasur: the feos belonging to the department, and which should ag been paid into the State Treaury within a reasona. ple times ‘ Pighth—Thi 000 was raised by seven companies for ve purposes last winter to secure the passage of What was Known as the Miller Life act, a bill ie extraordinary ers upon Superinten- that the Superintendent was cognizant of the i ue theres 3, W, LIPPITT, Chair W. W. ENOS, ae ba re <! > es i “e zi & 2 ¥. W. Mr. Topry offered the following :— Resolved, If the Senate concur that George W. Miller be and he is hereby removed from the office of Superinten- dent of the Insurance Department in pursuance of the provisions of chapter 3% of the laws of 1867, Resolved, That the Attorney General, if, in his opinion, the Superintendent ts not entitled thereto, be and he is hereby requested to inatitute proceedings to compel he Superintendent to pay ipto the State Treasury the fee of one-fifth of one per cent, provided by law to be paid by insurance com ¢ c Shears pitti Sy cde et Mr, Tobey then moved that the report and reso- lutions, together with the testimony, be printed and placed upon the desks of members and made the special order for next Wednesday morning, which was carried by 99 to & Ir. ATTKEN, of thé committee, announced that he would present 4 minority report. Mr, ALVORD offered a Sonemerens resolution that the Senate and Assembly agree to the pro- red emmenninrns to the constitution relative to ‘The question was taken on the resolution, and it ‘Was adopted—yeas, 84; nays, none. GENERAL ORDERS. Ane following bills were ordered to a third read- mending the Oswego Police act. To make provision for local government in the pty, and county of New York for the year 1872. rogress was reported on this bill, and it was made * special order for Tuesday next, on motion of Mr. To Med the powers of notaries public in the gy and county oj New York and in the county of ‘0 ‘Yncorporate the New York Loan and Real Es- tate Company. To amend the charter of the Erie Dock Basin company of Brooklyn by increasing its capital from $1,000,000 to $2,000,000, rr. FOLEY moved to make the amount $650,000, which may be increased to $2,000,000, and which shall be regarded as personal property and trans- ferable. Carried. To incorporate the Staten Island and New Jersey Ferry Company. Amending the charter of the Newtown and Asto- ria Railroad Company. To authorize and require the New York and Har- Jem Railroad Company to extend their tracks through certain streets of New York for the use of small cars only. To amend and extend the charter of the Bankers’ Life Insurance Company of New York. Adjourned, AMUSEMENTS. The Academy of Music. Donizetti's great opera “Lucrezia Borgia’ was presented last night at the Academy of Music toa remarkably brilliant audience, The house was well filled, we might almost say crowded, giving the best evidence of the unabated interest of the public in operatic representations. It is due to the present management to say that they have made effortsand some sacrifices in the cause of art. Whatever may be the short- comings of the company at present assembled in the Academy of Music, there can be no question that it presents an arrayof talent such as cannot be easily gathered together, The perform- ance Jast night when regarded as a whole, was something “more than gatisfactory, but he would be an enthusiastic admirer who should pronounce it fauitless. At the same time, when we weigh with strict justice what was excellent and what was faulty, we are compelled to acknowledge that the good largely predominates. There are those who cannot com- prehend the true mission of criticism, and who un- reasonably think that there can be no middie course between perfection and worthlessness. The first is never reached, and with artists such as we have now at the Academy it is impossible that a performance should be absolutely wanting in merit, But the powers upon which a singer must base his reputation are subject to the influence of such common accident as change of weather, and it can scarcely be considered a reproach to chronicle that certain artists suffer from hoarseness, a natural cause, which is known to affect a og the excellence of their performance. We have thought it well to refer to this mal-comprehension of the scope of criticism, because in pointing out with the inde- endence which characterizes the critics of the HERALD defects which to our mind marred per- formances otherwise excellent, certain persons have found cause of complaint, and certain others rounds for absolute condemnation, such as is not justified by the facts of the case. The pre- sentation of “Lucrezia Borgia” last night was marked by a richness and appropriateness of ap- pointment calculated to give effectiveness to the piece. &xcellent and brilliant as is the music, this opera is scarcely fitted to display the full talent of the company at its best. The role of Don Alfonso fa afford Santley scope for the ex- ercise of his powers. Only three characters seem to have full play, although a less eminent artist than Santiey would, no doubt, find ample room to make even a reputation in the par. But when we know that a man is capable of better things we cannot be content to listen to him well, In the renderin of “Vieni la mia Vendetta” he displayed his wonderfal command over his voice, and san with the Aone of feeling and expression which is peculiarly his gift. Nor did he fail to awake the enthusiasm of the au- dience by his brilliant executions. The rdle gave him a solita: opportunity, and he availed himself so successfully that he secured a rapturous encore, But through the rest of the opera he seemed not quite at his ease, and was so subdued in the con- certed parts that he was quite eclipsed for the nonce by Wachtel. In the magnificent trio “Della Duchessa di Preghi” he was scarcely audible. The honors of the evening were due to Wachtel, who sang with great and sustained brilliancy through the score. There was a want of tenderness and expression in the touching passages, but there was an assured evenness and forcible clearness in his notes such as only mark his best efforts. In the concerted pieces he was especially effective, and sang with a correctness for which he cannot always be complimented. Madame Parepa- Rosa sang the opening aria with tenderness and feeling, but the rendering of “Come é bello” was not so satisfactory, In the trio in the second act and in the last act, however, she sang with great brilliancy, bringing into full play her remarkable powers of vocalization. In the arta, “Ah di Pitu non Domandar,” she excelled herself, and threw impassioned earnestness into her appeal to the filial love of Gennaro. Miss Phillips was not so successful in the role of Orsine as she was in that of Urbano, where she achieved a real success. Strange- ly enough her rendoring of ‘Nella fatal Rimini” was lacking in dramatic force. This must be due more to misapprehension than to want of power, for we have proof in this lady's impersona- ton of Azucena that she suffers from no lack of dramatic ability. She sang the “Nella fatal Rimini more as an allegretto than alarghetto, The orchestra, also, did not seem to keep weil with her. Her rendering of “ll Segreto”’ was spirited and brilliant, and gave constant evi- dence of careful vocal culture. It secured for her a recall. The chorns was well given, especially “MaMo Orsini Sono,” the crescendo passage, “Finché il leon temato,” being rendered with great brilliaucy, Grand Testimonial Concert. On Tuesday evening, April 30, a grand testimonial concert will be tendered at Steinway Hail to Mme, Manzocchi. The programme will furnish a rich treat to the musical public. Among the well-known artists who will appear on the occasion are Ade- laide Vhillips, Mme. Elder; Signor Brignoli, Signor Ferranti, Mr. 8. B. Mills (piano), George W. Morgan organ), Mile. Adelaide Manzocchi (pianiste). Con- ductors and directors, Lindsay Sloper and Signor Maestro Marrotta, With such an array of talented artistes the Inghest expectations can scarcely fail of fulfilment. Philharmonic Rehearsal. The first public rehearsal for the sixth and last concert of the season of the Philharmonic Society took place yesterday afternoon at the Academy of Music. There were three orchestral works on the programme—Schubert's Symphony in C, Andante, from the trio, opus 97 of Beethoven, with Liszt's orchestration, and a symphonic poem, “Mazeppa,” by Liszt, The lovely tone poem of Schubert, t dream of a musical enthusiast, is an old acquaint- ance of the New York public, and an ever- welcome one, too. Althougl we question the taste or judgment that would select a Beethoven trio for @ large orchestra, yet it cannot be denied that Liszt's instrumentation is marvellous in eve! respect. The kaleidoscope could not show greater variety in color than does the crazy Abbé in treatment of the simple theme of Beethoven. Many years have passed since Theodore Thomas introduced “Mazeppa’’ here at one of his symphony soirées, It is a fair example of the com- poser’s peculiar style and of which the divine art will come to should the school of ‘the music of the future” prevail. Miss Cary, contralto, and Mr, Hoffmann, pianist, will be the soloists at the next concert, and therefore we may expect an operatic aria and a concerto by Mozart or Becthoven, doing simply the cavatina Niblo’s G Jems Mrs, John Wood appeared again last evening in Burnand’s burlesque, “Poll and Partner Joe.” She played the principal part, Maybred, in her usual dashing and frolicsome manner, and was fre- quently applauded. Noticeable among the other performers were Miss Jennie Lee, Messrs. G. W. Anson, A. W. Young and C. H. Morton. By way of interlude in the second act of the burlesque, Sim- mon’s and Slocum’s Minstrels, from Philadelphia, sang comic ballads and proposed laughable conun- drums after the ludicrous fashion of their kind. The dresses in the Laois od were showy and the mise en scene was creditable to the management, Matinecs To-Day. A choice banquet of musical and dramatic attrac- tions is offered to the metropolitan public this after- noon, as may be seen from the following announce- ments:—Academy of Music, “Il Trovatore;” Fifth Avenue, ‘Article 475” Booth’s, “Plot and Passion ;"’ Olympic, bait dies Dumpty ;” Niblo “Poll and Partner Joe ;" Grand rere House, a Rookh ;"" Comique, “Black Eyed Susan;’? Union Square, the Vokes Family; St. 8, “Hibernicon 7” Lina Ed- win's, “Little Don Giovanni;” Brooklyn Theatre, aT ig ted _‘dutia, Bneezer" Robinson's fall, Little je Golds ; Tony Pastor's apd Thir- ty-fourth Street Theatre, A WASHINGTON. Civil Service Reform Sent to Limbo. BUTLER BLUFFS GARFIELD. Why Steamers Are Exploded—An Inquiry. The President's Ku Klux Message. British Mixed Claims Commission. THE CANADIANS AND THE CANALS. That Amazing Oil Freight Con- spiracy. WASHINGTON, April 19, 1872. Message from the President on the Ku Klax. The President transmitted the following message to the House to-day :— To THE HOUSE OF REPRESENTATIVES :— In answer to the resolution of the House of Re) resentatives of January 25, I have the honor to sub- mit the following, accompanied by the report of the AGorey General, to whom the resolution was referred :— Representations having been made to me that in certain portions of South Carolina a condition of lawlessness and terror existed, Irequested the then Attorney General (Akerman) to visit the State, and, after personal examination, to report tome the facts in relation to the subject. On the 16th of Octo- ber last he addressed a communication from South Carolina, in which he stated that in the counties of Ce B York, Chester, Union, Lanrens, Newbury, Fairfield, Lancaster and Chesterfield there were combinations for the pur- pose of preventing the free political actions of citizens who were friendly to the constitution and the government ofthe United States, and of de- priving the eniaticlpated class of the equal protec. jon of the laws, . These combinations ‘ace at least two-thirds of the active white men counties, and have the sympathy and cou of the majority of the other third, They are con- nected with similar combinations in other counties and States, and no doubt are part of a grand sys ofcriminal associations pervading most of the South- a eatee. The members are bound to obedience secrecy by oaths which they are taught to re. gard as of higher obligation than the lawful oaths taken before civil magistrates; they are organize d and armed; they effect their objects by person ol violence, often extending te murder; they territy witnesses; they control juries in the State Courts, and sometimes fn the Courts of the United States; systematic spying {8 one of the means by which prosecution of the members ts defeated. From in- formation given by officers of the State and of the United States and by credible private citizens I am justified in affirming that the instances of criminal violence perpetrated es these combina- tions within the last twelve months in the above named counties could be reckoned by thousands, Treceived information of a similar import from various sources, among which were the joint com- mittees of Congress upon Southern outrages, the oficers of the State, the military officers of the United States on duty in South Carolina, the United States Attorney and Marshal and other officers of the government, repentant and abjuring members of those unlawful organizations, persons specially employed by the Department of Justice to detect crimes against the United States, and from other credible sources. Most, if not all, of this in- formation, except that I derived from the Attorney General, came to me orally, and was to the elfect that said counties were under the sway of the powerful combination popularly known as the “Ku Klux Klan,” the objects of which were by force and terror to prevent all political action not in accord with the views of the mem- bers, to deprive colored citizens of the right to bear arms and of the right to a free ballot, to suppress schools in which colored children were taught, and to reduce the colored people to a condition closely akin to that of slavery; that these combinations were organized and armed, and had rendered the local law ineffectual to protect the classes whom they desired to oppress; that they had perpetrated many murders and hundreds of crimes of minor degree, all of which were unpunished, and that wit- nesses could not safely testify in courts there un- less the more active members were placed under restraint. U. 8. GRANT. EXECUTIVE MANSION, April 19, 1871. A Lively Scene Between Garfield and Butler in the House. The subject of civil service reform gave us another lively scene in the House to-day. This time General B. F. Butler and Mr. Garfield fur- nished the entertainment. The interest in this subject has increased with the discussion of it. Had it been the appropriation asked for, instead of the passage of the bill, whichis thought by many In favor of reform to be objectionable in some of its features, especially that one making it a penal offence fora member of Congress to recommend an appointment in the civil service, it would probably have passed. Mr. Garfleld, in making the closing speech paid his especial attention to the member from Massachusetts, Mr. Butler. In Mr. Butler's speech, yesterday, he charged all who sup- ported this agitation with being the enemies of the administration, that the opponents of General Grant had inaugurated the movement, &c. To-day, inreply, Mr. Garfleld said the remarks of the gen- tleman had left the painful impression upon his mind that perhaps he might be speaking upon authority, and to satisfy himself in regard to it he went to see the President, so that he might be satisfied in regard to the matter. At this point Mr. Butler rose to his feet and made the point of order that ® member had no right to repeat a conversation with the President in de- bate, to which Mr, Garfleld replied that the House of Representatives was not a Middlesex Criminal Court, and the rules governing there could not be applied here. “No,” Mr. Butler replied, “if they did there would be more order and decorum than are now preserved.” Mr. Garfield replied that he had hoped it would have been preserved upon this occasion; but the gentleman from Massachusetts had not allowed it to be done. Mr. Butler then challenged Mr. Garfleld to explain his position in regard to the Cincinnati movement, and when that gentleman declined to “allow himself to be brought Out on anybody's race course in that way” the de- risive smiles and shrugs implied a victory for But- ler. The scene was very exciting and noisy several times, and the sparring between the two gentle- men at the time appeared to assume a threatening phase ; but it passed off without accident, and the bill was recommitted to the committee by a vote of 97 to 79. Steamboat Explosions Inquiry—The Oceanus Disaster. ‘The disaster to the steamer Oceanus, by which so many lives were lost, has again awakened an in- terest among oMicials here to provide some way for practically testing steam boilers to ascertain the cause of explosions. Justice Bradley, of the United States Supreme Court, has addressed a long letter to Secretary Boutwell on this subject, advocating an appropriation by Congress for making such ex- periments. He suggests that a board be consti- tuted for the purpose of experimenting and to care- fully note the result of their labor. This letter has been sent to Mr, Chandler, Chairman of the Senate Com- mittee on Commerce, with Secretary Boutwell’s endorsement, to the effect that the subject is one of great importance to the country, as it concerns the safe transportation of property and the security of life upon steamboats and railways, He commends the plan for the consideration of the.qommittee, heartily approving Justice Bradley's’ stions. William Rogers, Supervising Inspector for the New Orleans district, has been directed to conduct the investigation into the cause of the explosion of the Oceanus, to be assisted by Frank Burnett, Super- vising Inspector of the St. Louis district. The Robeson Investigation. The Naval Investigating Committee met to-night. Mr. Corliss tried to prove that the machinery for the Saco failed only in the boilers. Chief Engi- neer Isherwood was recalled and stated his con- versation with Mr, Sargent, also @ conversation with Mr. Robeson, both on the Roach contract for the Tennessee compound engines. In the one he accused his superior omer of stealing $500,00 in the second with the superior omcer he said nothe ing about the government being wronged—not @ very straightforward record for Mr. Isherwood/ John Roach was recalled and said he would sell the old machinery of the Tennessee for $35,000, Senae tor Cragin testified that he told Charles Secor tha acceptance of the $115,000 appropriation would not bar his further claims on the government. Secretary Robeson said he wanted to call the pays master to explain the $500 discrepancy between the voucher and check in the payment for the loss of the Governor, and also to question Mr. Cattell. The committee, at half-past ten P. M., adjourned till Monday night, when it is understood they will close the investigation, The French Arms Inquiry. The Senate Arms Committee to-day recalled Gene eral Franklin, general agent of the Colt Arms Com- pany, and examined him as to his former testl- Bony concerning the exchange of Gatlin guns, the government having been supplied with supe- rior guns for those sold to Remington, He was examined at length by Senator Schurz in relate to the connection of government ordnance ofcers with this and other transactions, The government paid for the new guns only what they obtained for the old ones. Mr. C. K, MeGowan, clerk in the Ordnance Office, New York, was called and examined as to the Gate lin gun transaction. Mr. Hamlin, Chairman of the Committee, stated that they had concluded the examination of wit- nesses, and only awaited a communication from Colonel Benet. ‘The Marquis de Chambrun said he had received @ letter from Paris stating that the substance of the telegram of February 9, published in this country, appeared in the Journal de Paris, This telegram was to the effect that the National Assembly had) Passed a resolution asking information from the United States as to the connection of American: oMicials with the sale of arms, M, Chambrun said! the fact of the telegram appearing tn that journal’ was verified by the French Minister of Foreign Af fairs, The committee closed its public session, and will Meet at the call of its chairman, The Kanucks and the Canals, The effort made in the Dominion Parliament to agitate the St. Clair Canal question has caused the Engineers’ Bureau to overhaul all of its oficial re- cords on the boundary line between the United States and Canada. The maps sent to Congress in 1828 from the State Department contain the bound+ ary as defined by Commissioners Porter and Bars clay in accordance with the provisions of the sixth article of the Treaty of Ghent. The canal was lo- cated to the westward of the line by the engineers, and when the question arose as to its actual posl- | tlon the territory was resurveyed by General Com- stock ind the correctness of the lines verified. The twenty-seventh article of the Treaty of Washington confirms the stand taken by the United States, The British Mixed Commission. The British-American Claims Commission meet? to-morrow for the disposal of a large number of cases involving small amounts, The commission meets again next week, probably for the last time until next fall. The Smith Lock-Up. Charles A. Meigs, bank examiner in New York, 1s still here in relation to the locking up of funds in the Tenth National Bank of that city. He is pre- paring another report on the subject for the House Committee on Banking and Currency. The United States steamer Mohican has arrived at San Francisco from Central America, Orders have been sent directing her to proceed East. The Bursted Oll Freight Swindic. P. H. Watson, President of the South Improve- ment Company, was again before the House Com- merce Committee this morning. He testified that those representing one-half the oil production had approved the South Improvement pian, but he declined to give their names, lest damage to their lives and property might ensue. Freights were advanced about the Ist of March through a mistake of railroad managers, in New York particularly, of New York Central and Lake Shore and Michigan Southern Railroads, and not by order of the South Improvement Company. Repayment was afterwards made to shippers by New York lines. The laws of that State forbid rail- roads from combining to raise freights, but opinion was largely expressed that his (Watson's) com- pany could contract separately with each road, and thereby evade the laws. The South Improvement controlled all the trans- portation by rail from the oil region, and would have received drawbacks on all oil shipped by any one. Ifpartof the producers had gone tn others would have been forced in. He thought the ar- rangement would have benefited producers and refiners, but not consumers. The com- pany contemplated purchasing all the refineries and controlling the export trade. No definite provision was made for disposal of the contemplated $6,000,000 profit on drawbacks. He produced evidence of the cancellation of contracts with railroads. When these contracts are published they will more fully disclose the nature of the proposed monopoly. Another hearing will probably take place on Monday. Civilians Operating Against Indians. Attorney General Williams has given an opinion to the War Department to the effect that civilians who attach themselves to an army going upon an expedition against hostile Indians are amenable to military jurisdiction and trial by court martial. Writs of Habcas Corpus by State Author- ities in Federal Cases. The War Department has just published the opinion of the Supreme Court of the United States for the information of all concerned, denying the jurisdiction of State courts to issue a writ of habeas corpus for the discharge of a person held under the authority or claim or color of the authority of the United States, by an officer of the government, when that fact appears upon application for the writ, or to con- tinue proceedings under the writ when issued, after the information in this respect has been given ta the return of the writ by the officer having the cus- tody of the prisoner. The Bowen-De Large Case. The Committee on Elections to-day decided to grant De Large thirty days delay in which to take additional testimony. The Japs and the Navy Yards. The representatives of the Japanese navy have received permission from the Navy Departwent to visit and inspect our Navy Yards and ; Naval Academy. The Navy Department Examining Board. ‘The Secretary of the Navy has appointed as the Examining Board of the Navy Department, in ac- cordance with the recommendation of the Civil Service Advisory Board, Captain David Ammen Chief of the Bureau of Navigation, Holmes E, Ss Chief Clerk, and John W. Hogg Disbursing Clerk. Duty on Tin Plates, Several Representatives have received inquiries as to the duty proposed in the House Tariff bill on tin plate. The same language is used in the bill that was used in the act of June, 1864—‘Tin plates and tron galvanized or coated with any metal by electric batteries or otherwise,” on which the duty is proposed to be reduced from the present rate ot two and one-half cents per pound to two cents per pound. Tin in plates is unchanged, and pays @ duty of twenty-five per cent ad valorem. Presidential Nominations. The President to-day sent the following nomina- tions to the Senate :— x ¥ Saco, Me., Thomas Cole, Collector of Customs, Saco, . and H. P. Newton, Postmaster, Oswego, Kan, THE FIRST DEFENDERS. PorrsviLLE, Pa., Aprii 19, 1872, e leventh anni- ‘The First Defenders celebrated the e ry of the arrival of troops at Washington, im ecting and banquet last evening. An Teor was Souvered by Captain John T. Boyle. The First Defenders are composed of the survivors of the National Light infantry and the Washington artillery. LOUISIANA STATE DEMOORATIO CONVENTION. New ORLEANS, April 19, 1872, In the Democratic State Convention to-day J. R. Head, of Bienville parish, was elected President, ‘The day was consumed in discussion. The following despatch was received and will be read before the Conventton to-morrow :— Wasmixcrox, April 19, 1872. Our friends here think it would be, ool potiey to defer the democratiy nominations until ater ¢ Covention in Vincianal. ~~ FRANK P, BLAIR, versal — f |