The New York Herald Newspaper, August 30, 1872, Page 8

8 "THE LOCAL, CONTROVERSY. ‘Vomptrolier Green Replies to Com- ‘; missioner Van Nort. Tho Grounds of Dispute Reviewed and the Statutes Quoted. Payoments Laid Without Authority of Law--- S A Pretty Quarrel as It Stands, —— ’ : 'The following communication has been addressed by Comptroller Green to the Commissioner of Pub- ‘No Works :— : Dap. NT OF FINANCE, MPTROLLER'S OVFIOB, New Yorx, Angust 27, 1872, Yo Tae DEPARTMENT OF PuBiic Works :— ( In my communication to you dated the 15th inst. Felative to the bills incurred by you for repairing ‘wood pavements without complying: with pro- visions of the 104th»section of the charteg) dt was Stated that “other work 4s proceeded witl our peeement in similar disregard of the charter.” some of the works thus referred.to it is neces- y that I agua wa@weot your attention, tion 6, chapter 383, of the Laws of 1870, is in these words :—‘‘In order to provide for the improve- ent of the lower reservoir and for increasing the mpply of water in the lower part of the city of New work, under the direction of the Department of Pubdlio Works, the Comptroller is hereby author- ized and directed to borrow, upon the faith and ‘credit of the Mayor, Aldermen and Pemmonalty of the city of New York, @ sum not exceedin, $500,000 and to issue stook of the city of New Yor! in the usual form, to be designated Water Stock if the year 1870, payable not less than thirty vears om the date of issue, and to bear interest not to exceed seven per cent per annum. All the provi- sions of law in relation to the sinking fund shall apply to the stock herein authorized.” othing contained in this section relieves the Commissioner of Public Works from the require- ments of tho 1¢4th section of the charter, which rovides that where the work exceeds in cost Bin the same must be advertised and let to the lowest bidder, ' Disrega:ding entirely these requirements, the Jate Commiseloner of Public Works, without an ad- -yertisement or a letting upon bids, ontorog into Wo contracts with one John B, Orecie, both dated sa , IST1, ThE Nrst for laying forty-olght inch awater pipe from Fourth avenue and Forty-ninth Wtreet, through Forty-ninth street and digon ‘avenue to Forty-second street, and the second for laying thirty-six inch pipe from Forty-second street rough Madison avenue to Twenty-sixth street, rough Twenty-sixth street to Third avenue and 6 Howery to Bleecker street, through Bleecker reet to Mott street, through Mott street to Chat- ham square, throu, New Bowery to Madison Street and through ison to Pearl street. ‘These works do not in the most remote degree fall within the description of repairs on the Croton Aqueduct. The pipes now being laid are new ones, le! 1d to carry @ better water supply to the wer part of the city, They are vory much re- bdo as they have been for several years, and ere is no reason why the work should not be proavensed with vigor And at far less cost. As soon as practicable after the first requisitions wpon thess contracts were presented at this de- artment for payment the matter was examined into, and it being apparent that the provisions of the 104th section of the charter appliod to the work I felt that, in the then condition of the affairs f the city and in consideration of the stand I was Bombeic to tuke in reference to @ large number f contracts which had been entered into in ‘utter een of law, I was not at the time justified in money to meet these requisitions, and this resolation was intimated both to the Commissioner = ae Works and to the counsel of the con- ractor. Shortly after the present Commissioner of Public Works was arapeted to that office he was made aware of the facts in reference to Mr. Greene's contracts and to the execution of tho work to hich these contracts apply, and after some lelay, and without informing me of his in- tention, he proceeded with the work, employing men to do the same, and transmitting the pay rolls of the et thus employed to this department for ayment. y . dealing with working men I have at all times been careiui to protect them, so far aa I properly could, from any loss resulting from the action of those in authority, for whom they could not be held Tesponsivle, and as it would be manifest injustice to allow the laborers who had actually performed their work to suffer because the officials of the city herd tag} them failed to county with #8 rovisions of law, I accordingly provided for ment of the men upon the pay rolis for- tS by you to this department, at the same ¢ again examining iuto the matter and pvint- tug out to you whatI considered to be the irregular course you thought proper to pursue. As I view the matter, you have not, under the oharter, nor under the statute authorizing this work, any authority to proceed with the game as we are now doing. In the statute providing for @ removal of the aqueduct from Ninety-third treet to 113th street and the laying of r pipes in Heu thereof (chapter 230, Laws of 1870) there will be found this distinct rovision:—‘And the said Commisstoner of Public Yorks ix further authorized either to contract for the performance of the whole or any part ofthe work authorized by this act, or the said Commissioner have the said work done vy day's work, as shall secm best to sald Commissioner and most ad- Vantageous to the interests o1 said city.” Here the Department of Public Works has dis- tinctly the discretion to contract or employ men; whether the discretion has been wisely exercised the future will determine when the cost of the work fs made known. Thus far in the twenty biocks $1,844,500 72 have been expended, chiefly In blast- ing rock und excavating preparatory to the laying of pipes—a class of work done all over the city by contract daily. But in the law under which you are now laping the large pipes in the lower part of the city there 1% no such provision,’and it was the duty o! your Department to advertise and let the same to the lowest bidder, ‘The question before us is not one of preference of method of doing the work, but what the law commands, If I can find that out it is final with If a discretion were given by the law one might choose one method and another a different ut as Lunderstand the law there is no vetion left tn this case. ¢ that these pipes cannot be laid by contract, aithough I do not tay il this question sone for our consideration. I think if you will inquire of those of experience in such works you will ind that not ny | is it possible, but that some of the largest pipes in the city have been laid Most satisfactorily and cheaply un ier contracts and specifications, 1 believe it is quite true that for- merly the Croton pipes were laid by day's work, but of liter’ years itis very common to lay water Dipes » y contract. it will probably be found that more than one- third of ail the pipes for water distributed In most Ot the cities of the United States have been laid by contract. I am aware that it is work that should be thorougitly done. Is it not as umnportant that the new aqueduct (igh Bridge) that brings all water hat comes to the city should be equally well done? This was done by contract. Kuilroad bridges that carry millions of pert over chasms and rivers are executed by contract. The only diMeulty avout laying Croton pipes by contract 19 | that of obtaining administrative experience ana superinten ling skill, and these, in my judgment, are quite as likely to be secured through a judi- Cious contragor as under a direct control of the work by pubile agency. it ts hot now what you or! may prefer as to the Mode of doing the work, but what the law requires, Belug somewhat embarrassed in this instance, as du many others where law has been disregarded, I have, in order to determine my final action in the Matter, caused investigation to be made, and Lam Jed to believe that the Work that you are proceea- fog with by day’s labor can be equally well ex- ecuted by responsible contractors at fully thirty F cent ess than the prices ot Mr. Greene's con- Pesos, und at au equal per cent less than itis now wing doue, The total amount of these contracts il be, wader these prices, not lees than $165,455, irty per cent of which would be $49,636 50, With this information beiore m as I view my Coed for me to coutinue to provide for pay rolls for this work while it is being done in | Gisregard of the provisions of the charter, Acting, however, in accordance with t principle { have piresay explained, and with the resolution adopted the matter of the wooden paveime I have Go the bills of Mr. Greene to be audited at a ir Valuation for the work that las been done and the sam found due will be paid upon a release bein, ven by him of all claims under such contracts. shall also provide for read of the laborers upon the rolls already forw: to this Department, nd further, in order that there may be no excuse for stopping the work or for the laborers being thrown out of employment, I will endeavor to do | for a tie suficlent to enable you to have the work ye og advertised and ict as (he law provides, ‘The specifications for the work are already pre- pared, ax ten days is the time the law requires the Work should be advertised. I can sec no reason hyd within the next fortnight you should + have the same let and proceeded with in con- with the directions of law and much more The Court of Appeals sa; York Keports, p. 829), respecting these public settings :—''The pad nnd of the statute is to Insure economy in the public administraton, and honesty, Gdelity aud good morality in the administrative Oficers. Competitive offers or bids have no other ject but to insure economy aud exclude favorit- fam wd corruption in the furnishing of lavor ser- —_ property and materials tor the uses of we city. The well-defined, settled and proper policy in 1, ad is Impossible, these cases is, where the character of the wor! | of the cit motce OF a a Toigroantne compoution exorbitant prices influence are now felt and it is quite be instituted in our public works. It is time in our public affairs for a return to order and system and obedience tolaw. It public works should know that a fair day's labor is all that is expected of them, and for this they will recetve their pay promptly, and that they are free to exercise their rights as citizens uncontrolled by litical or personal considerations. Very respect A ANDREW H. GREEN, Comptroller, THE WOODEN PAVEMENT CONTROVERSY. The Reply of Commissioner Van Nort to Comptroller Green. The following letter wae sent by Commissioner Van Nort, of the Department of Public Works, to the Department of Finance, in reply to a letter by the Comptroller, relative to repairs to wooden pavements :— DEPARTMENT OF PUBLIC WoRKS, COMMISSIONER'S Orrice, 265 BROADWAY, Naw York, August 27, 1872, To THE DEPARTMENT OF FINANCE:— After a lapae of three weeks since my communt- cation of July 24, transmitting a copy of the opin- ion of the Counsel to the Corporation relative to the authority of this department to have the maintenance and repairs to the Croton Aqueduct, laying and repairing of pipes and repairs to stree! pavements done otherwise than by contract at bt letiing, I am in receipt of your reply thereto, ated 15th instant. In view of your statement that you have directed the bills of L, H. Ingersoll for repairs to wooden Pavements to be audited for payment, I should consider further correspondence on the subject unnecessary, were it not for several assertions contained in your communication which call for a reply on my part. You state that ‘the opinion of the Counsel to the Corporation has no Appice to the particular juestion presented in Mr. Ingersoll's bills, and that the bills, or facts relating to them, were not ap- perenyy laid before the Counsel to the Corpora- jon. In refutation of this assertion I will simply quote from the opinton:—*‘A repair in each separate Place at which a ct ls needed may fairly be re~ ded as constituting a separate job, and thus the t that two or more jobs, m the sagredate ex- ceeding one thousand dollars in amount, to be done at different places in the same street, does not require that a contract bo made therefor. I am, therefore, of the opinion that the expenditures for repalrs, re! uted, 1G dy rae Lectple rates have ee Jey ade pnd show pald upon your RN requisitions.’’ It 1q diftionlt seo how the language of the Counsel to the Gorporation made more explicit or more pofltive upon this subject; or how it could misunderstood by the thoat obtuse mind, Be orpenat it did not suit your purpose to understand it or to act by it, ‘The head of the Department of Finance ts well aware that the date of a bill is not a positive index of the time when the work, materials or services charged for were furnished. It is unfair, then, to lay 40 much stress upon the ‘act that bills, in the aggregate amounting to more than $1,000, were rendered on the same day. ‘The records of this de- Raement show that, while orders were issued at iiferent dates for repairs to wooden pore ts, rate and distinct places, fenel the solicitation and on compiaints of property owners on the lines of the several streets and avenues, each amounting to less than $1,000, the work per- formed would not be measured by the proper oficers of this department until a number of jobs in the same street were completed. ‘This was done in order to save time and expense, and, as in all cases, to secure an accurate measurement, the rubbish and dirt covering the street had to be re- moved. ‘The date of these bills, therefore, has ref- erence to the measurment only, and not tothe time when the work was actually performed. You assert that “if this course,”’ contract by pub- lc eet ee been followed in reference to the work of Mr. Ingersoll I am satisfied the result would have been equally as good work, and a sav- ing to the city of upwards of twenty per cent upon the amount of his bills, at which rate [ understand responsible parties are ready to do work of this character’? The price pald Mr, Ingersoll for repairs to wooden pavements is $5 per square yard. The Nicolson pavement laid on Mercer street and Pine street, which {3 of very inferior quality, cost $4 75 per square ay other wooden pavements latd in this city cost $5, $5 50 and as high as $660 juare yard, In repairing the wooden pavement the old and de- cayed material has to be torn up and removed beyond the city limits; it ts therefore more expen- sive than the laying of new pavement. Mr, Inger- soll's pavement, like all other wooden pavements, is patented, and can only be lald by the patentee or by his permission. ‘nis fact alone excludes competition. It is undoubtedly the best wooden pevert now in use tn this city. It is impossible, herefore, that work equally a8 good could have been obtained by.awarding a contract to the lowest bidder, or that theultimate cost of the work would have been less, In auswer to your persistent efforts to impute to me a violation of the charter I can only say that, between tha interpretation of the law and the opinion of the Counsel to the Corporation, whom the charter compels me to recognize as the legal adviser of this department, I am in daty bound to Mag op and abide by the latter, until it is set aside by higher legal authority. You say that ‘work {s proceeded with in disre- gard of the charter, and that the first information which reaches you of such work being undertaken is furnished by the laborets demanding their pay.’ Further, “it must be expressly understood by your department that no further work ts to be done of this character without compliance with the provis- ions of the charter."’ Am I to inter from this that I must obtain the per- mission of the Finance Department betore employ- ing a laborer or commencing a piece of work? ‘The law imposes no such duty upon the head of a de- partment—each being personally responsible for its administration. Upon my accession to office I personally ex- pressed to you my earnest desire to co-operate with the Department of Finance and with all co-or dinate biauches of the city government, for the furtherance of a good and economical administra- tion, and you promised me your hearty support. My consultation with you and your private counsel upon the best manner of executing the much needed repairs to street pavements, and your acquicacence in the present mode of doing such re- pairs, bear witness to the fact that my offers of co- operation were not mere empty professions. But 1 s00n became convinced that co-operation with you was impossible, because in your estimation it means absolute submussion to your views In all cases; and you endeavor to enforce such submission by arbi- trarily withholding payment, not pan ee Persons furnishing supplies and work to this department, but {rom persons employed by It, embarrassing tt in all its operations and causing distress and dig- satisfaction among the workingmen, I do not hesitate to say that, if your interpreta- tion of section 104 of the charter were binding upon this department, it would result in at leasta temporary suspension of ali business in several of its bureaus, as well as in several branghes of the city government, who draw their supplics from the Department of Public Works. Your own requi- s.tions made from time to time, usually for im- mediate supplies or repairs to markets, amount in the aggregate to many times the sum of $1,000, and could, therciore, only be furnished after going 1 oy the formula and delay of contract by public letting. Leaving aside the logalsaspect of thé question and speaking mercly with reference to the two that of day's labor and that of con- y P letting—I wish It to be distinctly un- derstood that I will use my authority and discre- tionary pover under the provisions of the charter to the fuLest extent in favor of day's work until the present contract system, which Lbelieve to be in the highest degree unsatisfactory and in- jurious to the public interest, 18 so re- formed as to do away with existing abuses. However incongruous with your present position on this question, you appear to have entertained similar views at one time, as expressed inalengthy report to the Central Park Commis- sion several years ago and published in tne city journals at considerable expense, in which you say :—"'The coutract system has its advantages, of which public officers should ‘avail themselves; yet, under that system In vogue iu this city, what lave we witnessed but frauds in bidding, combinations in bidaing, abandonment of contracts. straw secu- tes, lawsu injunctions, clains for extra work i the whole ‘swarm of vexatious arts and arti- fices in the mystery of contracting that the inge- nuity of men bent on gain could devise, in many instances carried to such an extent that reliable, competent mechanics and contractors have left the field of competition, finding it impossible to com- pete with the arts of dishonesty?” You refer to the contract for pean yh ave- nue as @ case in point and say:—"This is not & solitary case; public buildings, sewers, pavements, arp pong tad and other classes of work will af- ford far too frequent examples."” You also allude to an exaimination into the prac- tices of the Croton Department and say:—‘Al- though the Croton Board is one of the departments government, and ts bound by the pro- visions of the charter of the ca 4 relative to con- tracts, yet none of the laying of thetr pipes is done by contract, but by day's work, under 0 Vigilant sa- pertntendence. This {s because of the Importance of this kind of work, and of the damage that might occur from its unfaltiful performance; the careiul And prudent conductors of this department aro unwilllng to subject the public to the serious con- sehr aro of the performance of work of this char- factor by contract.” * * # pecuntary imat- ter the contractor looks cons: t saving ex- pense—at Anishing the job as inexpensively he can without creating for himself dimeuities to getting, the stipulated price. It is needless todo more than state thia vapor ition to have its truth recognized.” * * * “The stress and importance that are placed oy the seller of a louse upon the fact that t¢ was bulit by day's Work shows a very common recognition of " ay tet Of the re- quite of tismode of labor OFC that Lone hy con ac Tcould not add to the force of your ai = Ao this instance, will admit, after fair public notice, 40 let the work to the lowest responsible bidder, thus avoiding the costly results of those private end secret contracts, 60 many of which I have now Ag Goal Witt Which Dayg beep mies Without PayKe Ogainst the system of contract by pubic letting, You were unwilling then to have work under your direction done by contract by the lowest bidder, Should I ask, and none knows better than your- sell, Why She Work of the Contral Park, bouloyard ait! s After all the req had been fulfilled, the ordinance and are by the Mayor, the work di vertised by this department, the proposals with some r, twenty others, were opened on the 2¢th of July. On tho 29th of July thoge accepted were transmitted to you for approval of the sureties, some of which are at this date stil! in your hands awaiting your disposition, while the property owmers along the Ines of these streets are demanding the prosecu- tion of the work. It will readily be admitted that Promptness and despatch are espect nd economical. How could this be had with all the delays incident to the contract system ? You conclude by saying that it will give you Pleasure to facilitate the operations of this depart- Inent “whenever its action {@ within the authority of law and of good administration.” T it to say that, in view of your present attitude and of your past omciai action towards this department, I am compelied to admit that it woujd rather appe! that it is your pur) to 80 e! this depart ment in its energetic endeavoraséor practical re- form as to detract from its usefulness and bring discredit upon its administration. However, this department invokes the closest scrutiny of all its actions, and Is willing to submit to the verdict of a just and intelligent public. It will also firmly adhere to its purpose of carrying out the word, moaning and intent of the lav, as interpreted by the legal adviacr of tho city govern- ment, and si may, perform its dut, gin | and fearlessly. Respectfully, GEO. M, .N NORT, Commissioner of Public Works. MUNICIPAL MATTERS. Ae iad PS, THE OITY DEPARTMENTS, Kesping Within the Appropriations— The Departments that Are Delinquent. The tables which are published below have been compiled by the Department of Finance and show the exact amount of the appropriation made by the Board of Apportionment for the expense of each of the ditferent city departments for tho present year, the amount already expended, and the amount remaining to carry on the work of the city government during the last four months of 1872, It will be seen that all the departments, with the exception of the Qounty Clerk’s oMeg and the Surrogate’s office, have contrived to keep their expenditures during the first eight months of the year withina sum equal to two-thirds of the appro- priation for the whole year, and there is little doubt but they will be able to show a small surplus on the 1st of January, 1873. Under the old rule, when the Tammany Ring leaders levied upon the different departments for their own personal and political expenses, but lit- tle attention was paid to the sum total of an appro- priation, as an additional sum could be readily ob- tained at the end of the fiscal Peco by “special LS agit to cover whatever deficit might occur. '@ are informed that the County Clerk is of opinion that. he is entitled to draw upon the inance tard peony for the entire sum appro- priated for the annual expenses of his office when- ever he pleases, provided that he makes no further claim upon the Comptroller when the whole amount ofthat appropriation has been paid. He believes that when the money thus obtained is exhausted, he can carry on the business of his department in the hope that the Legislature will pay the additional gum required, The theory of the Finance Department is that the appropriation is intended to last for the entire year, and that each department should be careful not to overdraw Its account. If the appropriation should, however, at the end of the year, prove to be too little for the actuel needs of the department, the matter should be referred to the Board of Appor- ttonment for its guidance in making future appro- priations. Actin; mn this view, the Comptroller has, it is reported, determined to pay these departments, which arte likely to exceed their appropriations only @ proportionate amount of the money yet standing to their account, 80 as to ensure them wainst complete bankruptcy. e following table is an exhibit of the manner in which the appropriations for the ditferent depart- ments have been expended during the past eight months :— . Appropria- 8 © ce Cat ae jupreme Court \ \ i Superior Court, sss00 "8330 Court oc Common Pléas....!) 137920 ASAL 8 Marine Court. + BOA66 683 K General Bessio f ‘ ‘and Terminer 20,366 «19,138 1,290 Special Sexsions i6%00 107996 County Clerk's Oitice 2 38,00 TD Surrogate's OMllce, for Survo- sf Teves, 15,00 (7,600 7,800 yy ao. 60,000 43,416 (16,588 1500 7,000 7,000 5520 2,600,800 ries. 67,200 «MAST «0,708 Dietrict Attorne;,, for coniia: eNCLER. reve 5,000 078 offy Judge's, to a0 City Judge's, for 3 1916 Commissioner of Jurors 700 Mayoralty... 0,000 bos Coin'rs of Taxes ments for coms, 40,000 2,499 Com'rs of Taxes an Tents for deputios, &c...... 134,010 0,776 Bureau of Arrears—Porsonal Xes. _ 13,388 6250 Repairs hatldings sense 20,000 15,454 Printing for iegisiat partiient... 20,000 19,139 PHnting for exceuiive ment and judiciary 20,000 19,008 Salaries Board of Supervisors 38,300 Ison Stationery, Iaw and. blank sack. 28,000 19,372 uppor: P ty yal 25,000 4,612 County re 5,000 0.0 Coroners" fers 7Ro00 ; THE BOARD OF ASSISTANT ALDERMEN, ‘The Board of Assistant Aldermon met yesterday, pursuant to a special call, for the purpose of con- sidering general orders, Aresolution to permit the Department of Public Works to lay Croton water mains by day's work instead of by contract was laid over. The Commis- sioner of Public Works says that the work can be done better by day’s work, while the Comptrolier Insists It must be done by contract. To enable the Commissioner to carry his point a joint resolution of the Common Connell must be passed. There not being a sufficient number of members resent for the consideration of general orders the oard adjourned. DEFARTMENT OF DOOKS, The Commissioners of Docks held a meeting yes- terday, President Agnew in the chair. It was re- solvea that the owner of the canal boat sunk in the slip between Forty-third and Forty-fourth streets, North River, be notified to remove the same forth- with. " ‘The application of Alexander & Sons for leave to erect a shed at pier No, 3 North River, was referred. A complaint of J. H. M. Jacobs, relative to a nuisance at pier No, 33 North River, was referred to the Executive Committee. Commissioner Wood, Chairman Auditing Com- mittee, recommended the payment of fifty-three bills, amounting to $36,410 95. The Chairman in- vited the Roard to witness their derrick at the Battery, lifting and placing Le Aegan huge stones on the new pier. For several days past the derrick has been successfully placing artificial stones eighty tons in weight, consisting of cement, gravel and granite. The process can be witnessed this aite: noon. “q NEW DEPARTURE” OF THE FIRE COMMIS. BIONERS, The Fire Commissioners issued an order yester- day denying all applications for leaves of absence and cancelling those that had been granted. This arbitrary order has caused considerable comment, ag it fs without precedence. The “new departure’? of the Commissioners from the established rules of the ae th which accords its members forty- eight hours’ relaxation during the month from their arduons and dangerous calling, has excited the just indignation of the firemen, who bitterly denounce the measure which deprives them of their hard-earned liberty, They want to know what has caused this new departure. MORE MUNICIPAL MUDDLE. The Comptroller and the Board of H ith. A communication has been forwarded to the Commissioners of Health by the Comptrotier to the effect that ll debts contracted by the Board of Health must in future be forwarded to the Comp- trolle: 's office, and there audited and paid. The f nat he finds authority for this action under parler of 1470, and the Commis- sioners of Health have transferred the com- unication jo tie Counsel of the Board, for the pul of ascertaining if any such authority is invested in the Comptroller, Thi auditing, estimating and paving of the vast num- ‘Hor of Misie Ris Snourrod by tbe Board of Homlth ig that at the” present stated near roach of the election makes sugaestion a@ reasonable one. Heretofore the money appropriated for the department was in bank at the Giaposal ofthe Health Com ion, who paid all bills by check when oe due; but now the privilege of doing this business Is sought to be taken away from the Board of Health @nd added to the already cumbrous machinery of the troller's office. It was said yesterday at Podes Headauarters that the same thing is to be done with all tho other departments except tho Batloe, 5 which is protected by an amendment to the e . THE BOULEVARD PAY ROLL * Commissioner Van Nort, of the Department of Public Works, sent yesterday to Comptroller Green the roll of the laborers, &c., employed on the Boulevard and avenues for the two weeks cnding 24th inat., amounting to $30,841 71. OOMPTROLLER'S PAYMENTS, Comptroller Green paid yesterday the Depart- ment of Public Charities and Correction its $100,000, STANLEY AND LIVINGSTONE. Sa [From the New York Times, August 29.) The question whether Stanley discovered Living- stone, or whether he is an imposter, is made the subject of a warm controversy, but on very slender grounds. An unprincipled person publishes Stan- ley’s letters to him, evidently written in the confi- dence of friendship and great kindness and good nature, and attempts to trace a reseniblance be- tween them and the handwriting of the letters brought from Dr, Livingstone. A man who could thus stab an absent friend in the back scarcely deserves to bs believed, eve> on his oath; but beyond all that, his evidence 1s not worth & straw. Nearly a score of persons in England have received letters from Dr. Livingstone which they are fully satisfied were written by the great Rr cies The English Foreign Office—not in the habit of acting rashly— has declared ita belief in the authenticity of Livingstone’s letters, The missionary’s own son and daughter aye convinced that the letters they have received are from their father, it is all non- sense to say that evidence of this kind is broken down by thé malicious statements of an unknown. person, who, upon his own confession, {s capabie of the basest and most dishonorable conduct. We hove a doubt that Mr, Stanley's story 1s in the main true. : {From the New York Register, August 29.) As to the benefits of discovering Africa or any portion of it, or of knowing anything about it, wo entertain good and judicious doubts. Without any attempt at a practical pun or placing ourselves within any political bias, we think we can safely say that we have had too much of Africa in this country for many years past. Happily this discus- sion of the authenticity of Livingstone’s letters to | Stanley comes up at a time when the nation desires some temporary relief from the political discassion now going on in this country, the necessary result of mixing with the affairs of the descendants of Africa, t it be Livingstone vs. Stanley, instead of Greeley va. Grant, or vice versa, as the point of re Lainie for months hence, and we will be re- jeved. ‘We stand by Stanley and the HeRaLp. The Sun of yesterday, in its publication of the /ac- similes. of Doctor ngstone’s letter to “James Gordon Bennett, Esq., Junior’ (as published in the Herat of the day previous), and of the letters of Stanley to one Lewis Noe, convince us that Stan- ley’s facts are substantial, for these reasons :— 1, As the printers tell us, “we write a han” almost, if not perfectly, ‘halt and hall’ between Living; stone and Stanley, And Fie Livingstone and Stan- ley differ in the peculiar formation of their letters in such @ manner that even @ well-educated coun- terfeiter, as we have been told by the best detectives, cannot fail from detection for the want of perfect similarity. For instance :— In the letter t Livingstone strikes the ‘cross line either on the left hand or entirely across the top, while Stanley throws the dash, without exception,. on the left hand. Inthe letter p Livingstone, in all cases, throwsa peculiar twirl over the top of the p, while Stanley makes it a straight line. In g@ Stanley writes the letter regularly, while as editors, lawyers, copyists and all other rapid writers will understand Livingstone saves time by ving it a ‘iast twist.’ Those who are interested the study of caligraphy will discover a number if other similar peculiarities, which will conv.nce them that Stanley’s and Livingstone’s letters were not written by ine fans hand. nw. ae 2. Stanley riot only rought letters from Living- stone to Bennett, the HERALD and the American public, bat at the same time fetched another set of communications to Karl Granville, the English Minister of Fore! Affairs; as well ag a private diary to the family of Dr. Livingstone. The tatter document, especially, was under a strict seal of privacy, and contained information which the trav- eller meant should only meet the eyes of the mene bers of his family, for their present information and future instruction, benefit and welfare. 8. Both Eart Granville and the family of Dr. Liv- ingstone recognize these letters as authentic, gen- ulue and substantial. {#rom the New York Evening Mail, August 22.) We are not to get through with this Livingstone- Stanley-Noe business in a hurry. The Hexaup and and Sun have enlisted for a protracted campaign and each generously supplies the other with ammunitio: Yesterday the Sun borrowed the HERALD’s plates to show that Livingstono’s letters were written by Stanley. To-day the HERALD in turn uses the Sun's plates, containing two of Stan- ley’s (alleged) letters to the Sun's protégé, Noe. It the controversy can be kept up with such an femnony het materials there is no knowing how long it may last. The trouble with the Sun's witness, Louls Noe, is that he proves too much. IfStaulcy wrote the let- ters which Noo furnishes and the Sun chee, oto9 Living- the former must have degun to imitate stone’s handwriting in 1867 and 1468—years before that accomplishment could ever have occurred to him as likely tobe profitable in the future. We urged this upon the Sun yesterday and it replied as follows :— ‘ If Louls Noo could forge a copy of the Levant Herald 1968, or Stantey's Turkish passport, or four pliotogtaphs of Henry Stanley from boyhood up to the time of his Abys- sinian tour, or nearly thirty letters from Stanley to Various persons since the Hxuann lithograph, was pr:nited, one m reason at ose that he could “pr fetter which is ithosraphed for tie Sun” Ou’ Ne We don't see that this reply is what the lawyers would call “responsive,” nor do we think it helps Noe’s testimony to bring up letters from Stantey that were written long before the expedition after Biv- ingstone. Tuose documents prove nothing. They do not even make out a good case of resemblance between the chirography of the alloged Livingstone letters and of those purporting to Ue Stanley's, On the other hand, a son of President Stearns, of Am- herst, who has been timate with Livingstone, tes- tiflea unqualifiedly to the genuineness or thre latter's letter to Mr. Bennett, and furnishes the Herap three letters from Livingstone to himself. He also compliments the fidelity of Stanley's sketches of Livingstone, and says that Stanley's description contains allusions that could only have been made by one who had talked with Livingstone, We think that at the present stage of the contro- versy the HERALD is ahead, {From the Daily Witness, August 29.) The New York Sun published yesterday morning a Jac-simile of a letter from Mr, Stanley alongside of the fac-simile of @ letter from Dr. Livingstone, published in the HenaLp, and called attention to their similarity, which was about as striking as that between chalk and cheese.. This has, how- ever, sufficed to set other papers a speculating upon the authenticity of the Livingstone letters, and, con- sequently, of the Stanley narrative. No one accus- tomed to weigh evidence can doubt the authenticity of both—more specially since it has been acknowledged both ty the British government and the learned societies which had chiefly to do with sending out Dr. Liv- ingstone. We yesterday noticed the unquestion- able evidence of Dr. Livit tone’s brother, resid- ing in Canada, to the aut! iv miticity of a letter re- & ‘ed by him containing similar intormation to hat of the letters published in the HeRALD, and mentioned our being well acquainted with Dr. Liv- ingstone's signature that the sac-simile of his let- ter and signature published in the HeraLD showed a to be unquestionably genuine. The question- of the authenticity of these letters can only be ked with the historic doubts of Bishop Whately concerning the existence of Napoleon Bonaparte. (From the Philadelphia Public Record, August 29.) We are surprised, in view of the accumulation of evidence in support of the authenticity of the Liv- ingstone letters brought back by Stanley from tho wilds of Africa, that doubts should still be ex- pressed by any of our contemporaries, No atten- tive reader can peruse the whole story, a8 it Is given to the world in the American and foreign journals, without coming to the conclusion that the forgery of a volume of documents and tho de- ception of a large number of the most acute men of the age, which Stanley must have perpetrated if he did not meet Dr. Livingstone, would be more diMcult achievements than a triamphant journey from Zanzibar to Uy, If Staniey ts an impostor he i the most remarkablo in- telleotual prodigy that evor lived, and the performances of the author of the moon hoax members of the last English search expedi. tion, who, in com; with Livingstone’s son, were on the point of goin the relief of the great African explorer; and these four men were s0 well con- vinced of the verity of Stanley’s statements that they not only abandoned their own projected expedition, but paid the expenses of another expedition organ- ized iy In accordance with what he alleged to be Livingstone’s views and wishes, It is also worthy of note that the British official nearest to the soene of these events, Dr. Kirk, the act Brit- (sh consnl at Zanzibar, gave full credence the success of the Hekarp expedition. Thus, sper ant parties on the eastern coast of Africa, at the point of entrance into and egress from the interior, writing to thelr friends in £pgiand by inde} ndent channels of communication, all restity to Stanley's trlumph. If he bad been an impostor, he t well have contented himself with a victory in one ordeal, and after deceiving 4 British consul, two officers of the British navy and the son of Living- stone in a matter in which they were all deeply interested he would have sought no further en- dorsoment of a bogus story, But he turned his face geeky to England, where hosts of Livingstone's rienda reside, and where the most puzzling ques- tions would be Rroganndess He took there not merely a letter to Miss Livingstone, but a huge vk, parportin to be the complete versonal and scientific record of her father's wanderings, and she expressed her conviction of its authenticity, He delivered to the British Foreign Office a long series of letters purporting to be written by Living- stone, recounting in detail his journeys, and rec- ommending grave and important governmental action for the suppression of tite slave trade on the eastern coast of Afiica. Earl Granville, at Stan- ley’s request, directed his subordinates to examine the letters (which conta! mong other things, an account of Livingstone's relief by Fgresy eritl- cally, so that their erent might be fully test- ed, and Earl Granville replies, not_ merely by a for- mal attestation of the authenticity of the letters, but by political action based on the recommenda- tions they contain, so that at this moment Great Britain ‘and the United States are makin, a joint effort to accomplish an importan object (tho annihilation of the slave trade of eastern African) which Livingstone, through Stanley, called to their attention. Not con- tent with this deception (if it |i8 (a deception) of the keenest of officials, Stanley delivered letters from Livingstone to members of the Royal Geographical Society, and he recent) sppeared in erson before one of the most critical of audiences, he British Association for the Advancement of Science, to tell his story as it was originally told in the HERALD, to confront doubters and to dischary the new duty devolvii ooh him, of defending the Statements dia thédrics of the man he discovered. it is ridicuious, in the face of auch evidence, to deny that Stanley relieved Livingstone. Men may be- lieve what they choose about the sources of the Nile, or about the published details of the H&RALD Expedition, but the main facta are ‘ell estab- lished as any ancient or modern historical event. aii gy wr ine THE COURTS. URITED STATES COMMISSIONERS’ COURT. Alleged Violation of the Internal Rev- enue Law. Before Commissioner Osborn. The United States vs. W. J. Coleman and Moses Duffy.—Coleman is captain and Duffy a deck hand on board of the brig Frank Atwell. They were charged with having removed from the brig thirty boxes of cigars, which were not stamped, to a lace not recognized as a bonded warehouse. The loramissioner held them in $1,000 ball each to ap- pear for examination to-day. Alleged Cruelty to Sailors. The United States vs. John T. Arnett.—The de- fendant, who is captain of the ship John J. Byrnes, was charged with maltreating and overworking members of his crew, badly feeding them and pre- venting them from landing at Matanzas while they were on a@ voyage from Galveston and the West Indies, so that they could not make any com- plaint to the American Consul of the manner in which they Lad been dealt with. The evidence of the seamen was taken at some length in support of the charge, after which the case was adjourned till to-day, when the defence of the Captain is to be entered upon, SUPREME COURT—CHAMBERS. Spencer Pettis Releas: on Ball. Before Judge Barrett. ~~“ The readers of the HERALD have already been apprised of the recent ingenious arrest of 0. B. Park and Spencer Pettis by Detective Gaptafn Sampson on 4 charge of being tmplicated in the at- tempt to sell to one of our Wall strect brokers yt 000 worth of bonds of the St. Paul and Pacific d Company, alleged to have been stolen from a bank at Minoveapolis, Minn. As will be remem- bered, the bonds wore traced to the possession of Park, who, upon being arrested, sid that he re- ceived them from Pettis. U, this statement Pettis was arrested and lodged in the Tombs, while Park was sent to the House of Detention as a witness, Judge Dowling, before whom Pettis was taken, having dectined to admit him to bail, good was yesterday made in this Court by Mr. William F. Howe for his release on bail. Assistant District Attorney Sullivan opposed the plication and pictured Pettis as the terror of Wallstreet. He charged him with the memorable forgeries of which Simeon Draper was the victim, and insisted that if admitted to bail, the same should be fixed at $20,090 at least. Mr. Howe urged that the real cul- prit was Park, and that there was no proof of the complicity of Pettis other than Park's unsupported statement. After some further argument Judge Barrett granted the application and placed the bail at $5,000, The amount of bail‘required wus speedily furnished and Pettis set at liberty, Decisions, Willlam D. Curson vs. George Mundy et al.—Mo- tion granted. Tabor Plane Company vs. Phineas Smith--Motion dismissed with $10 costs. Goodwin vs. McQuade et al.—Motion granted. Amena B. Nostrand vs, Nicholas W. Nostrand.— Motion granted, alimony $10 per week and counsel fee of $100, COMMON PLEAS—SPEGIAL TEAM. Decisions. By Judgo Robinson. Marla Koehler vs. Charles Koehler.—Decree of separation granted, afer vs. O'Nell.—Motion to vacate order ad- Judging defendant guilty of contempt of Court de- nied, without costs. The People vs, Muller.Motion to vacate judg- ment on forfeited recognizance granted. JEFFERSON MARKET POLICE COURT The Watch Ketarnsa—A Highwayman Arrested — $6,000 Worth of Jewelry Stolen. . Justice Cox, at the above Court, yesterday morn- ing disposed of thirty-eight prisoners who had been collected during the previous night. The majority of the prisoners were charged with intoxication and disorderly conduct. A HIGHWAYMAN ARRESTED, John Donnevan, a young man only ainetecn years of age, having no residence, was arrested Wednes- day night by Detective Murphy, of the Fighth recinct, on @ cliarge of highway robbery, John Roaman, of No, 96 Blecckers street, a peared a complainant, and stated on Tuesday Ht as he was passing the corncy of Mercer louston streets, the prisoner, fn company with an accom- plice, attacked him and forcibty held him while they took a gold watch, valued at $259, from his veat hocket. A young man named Kelly Wrenn and fully identified the prisoner as one of HI whom he had seen assault and rob Hoirman, latter dented the charge, but was committed with- out ball to answer at the General Sessions. $6000 WORTH OF JEWELRY LEN. Tuesday afternoon Roundsman Keelcy, of the mounted squad, arrested a young man nanted Charles Augustus Stevens on a charge of disorderly conduct, upon complaint of o lady, who charged that the prisoner, in company with a companion, endeavored to snatch a walict from her hand at tho corner of Twenty-ninth street and Seventh avenue. Upon searching him in the station house. a number of articles of jewelry were found in tte Seta which were supposed to have hoen si let ‘The officer learning that the prisoner had been In the employ of 8. L. M. Barlow asa house sorvant at bis resilence No. 1 Madison avenue, visited the iatter's residence and showed the jewelry found in the pos- session of the prisoncr. Tho property was identi- jod by Mr. Barlow as belonging to hiro, and, wen searching his bureau drawer, discovered that $6,000 worth of jewelry consisting of diamonds, rubics and sapphires, had been stolen. The prisoner, "3 being accused of the robbery, stated that he taken the property at differont times during the ast six months, Rayned itand ate up the tickets, le informed the officer where he had pawned the By erty, which was recovered ant will be restored ‘0 its owner, A search warrant was issued Weducs- day afternoon by Justice Cox to search tho apart: ments No. 206 Wost Twenty-sixth street, occupted by Stevens’. mother, Uut Bo property bo- longing to Mr. Barlow being found in the place sie was not jn under arrost. Search warrants were also issued against Dye pawnbrokers who had advanced money on wolen property. The prisoner and pawanl were arraigned yester- day morning. The ec pleaded guilty to the charge, wile she latter sigited Ne ere i ‘ery, | monéy on thé Jewe -knowln, ad Leon stolen. Stevens was committed without ball to answer and the bawabrokers hold for oxamluation, CUBA. Reported Peace Conference Between Cu- ban Leaders and a Spanish Minister. The New Officers of the Casino Espanol. What the Spaniards Know About the Sage of Chappaqua. CAPTURE OF “WHARF RATS.” ee THE WAR NEWS. ps Havana, August 24, 1872, During the past week nothing startling in the pe- litical affairs of Cuba has occurred, but their expres. sion has been centred in the annual election of om- cers-of the Casino Espafiol. This club, composed of some three thousand members, comprising among them all the most known aad influential Spaniards of this capital, is supposed to be the red-hottest bed of Spanish sentiment, and ita influence to sway greatly with the government upon the questions relating to Cuba, The accession to power in Spain of Zorrilia and his political co-religionists, whose ideas in favor of carrying out the law against slave- ry, meaning the ultimate abolition in the Spanish Antilles, of that degrading institution, are well known to the ultra radical Spanish “slaveocracy," has tended to inspire no little fear to this latter class, and in the election of officers to be the representative Spaniards .on this aide of the oceau, led fem to , choose those who have for years been recoganed A8 appertaining to the old régime, whose property and wealth consist of or have been acquired princl- pally by slaves from Africa and China, and whose zeal, materially and morally, will be strained to its utmost extent én contra to all innovation in a libe- Tal sense, Upon this subject the Constancia, the most retrograde journal in political ideas published in Havana, in 4 feader {ast Sinday—the day of thé elections—recommending a ticket to its readers, states that whatever may be the events of the next year, this dmportegt intl tion, if directed by the officers whose election it recommends, will be raised to the highest standing, and render the coan. try most important services. THE NEW OFFIOERS OF THE CASINO, The elections took place last Sunday and resulted in the choice of the well-known and wealthy planter and slaveholder, Don Julian de Zulueta, who is also a colonel in the volunteer corpa. The votes were cast in his favor in the proportion of three to one, a8 compared with the other candidate, Sefior Avendaiio. Don Juan Toraya is elected Vice Preal- dent, and the general board of directors, although comprising among its members the names of several well-known merchants of liberal tendency, is composed chiefly of the ultra Spaniards, repre- sented by such as Ramon Her! the famous colonel of the famons Fifth battalion of volunteers; Juan de Ariza, chief editor of the Diario; Baro, the largest sugar producer in the island, the past crop in his various estates amounting between sixty and seventy thousand boxes of sugar, valued at over three millions of dollars, Gil Golpi, editor of La Constancta; Sotolongo, of the Spanish matisteam- ers; Pulido, Sainz and others, well known for their extreme ideas. It remains to be seen whother tlus institution will continue to have the infuence in the affairs of this island which has hitherto been allowed it. It ie undeniable, how- ever, that by its bra ches aud connections with the ditforént casinos of évory town on the Island, the creation and existence of which it has fostered and promoted, and which all acknowledge the Gasino Of Havana ag their centro and headquarters, and also by its rojations with the ultra inarine Caaino tu Madrid, formed principally by Spaniards who have resided in Cuba, made their “swag” there and are still interested in maintain- its institutions, and are the e@x- ponents at the capital of the peculiar retrograde principi:s of the ultras in this “ever- faithful isle.” 1t is understood that this coterie can bring a large amount of influence to bear upom the policy of tue home government in the discus- sion of all questions and projects ae tenouee We have but very recently experienced its power in the removal of Count Valmaseda. It Is for thig reason that so much importance has been attached to the election of Its officers for thé next year. ALDAMA, AGUILERA AND MACTAS, The departure of these gentlemen trom New York to England, with the aes principal object of holding a conference with Moret, the Spanish Mints- ter to England, has given rise to a consideraple a of uneasiness in certain political circtes ere. Sefior Moret has figured conspicuously in Spanish Mitics as the author the — celebrate law against slavery-- ia Cuba, passed by the Cortes, but which, 80 far in its exccution, hag proved a dead letter. Moret happens to be ‘the iutimate friend of Asca- rate, and the latter ts strongly allied to Aldama, Agullera (Vice President of tne Cuban Re] aud Macias. ‘The object of the journey of this cete- brated trio 1s stated to be an interview with the Spanish Minister, and, through him, to sound the disposition of the new ministeral regimen, and en- to a compromise with the insurgents in Cuba, te show to Spain the loss in troasure, blood and even honor, it will further sustain in endeavor. ing to crush the imsurrection, in which as yet the government has sigpally failed, and which they will never be able to accomplish, They now consider the time opportune for the proposal of some means of compromise-- the government of Spain to advance what the patriots will yield and mect half way; the Cubans to make the sacrifice of their struggtes for tndependence and renounce the idea, and the Spanish government to show its magnanimity aud concede to them their autonomy. Asa matter of course, the Spaniards here are furious over evea jathe bare mention of such a plan, The Diario do- clares that the mere meutou of such pretensions is irritating; but that it is needfnl to treat them with calmness, as the project ts an impossibility. it advises the government to have no negotiations as of one Power with another, and to make no con- ceasions which wouid.be impolitic and humiliating. It says sententivitsiy, :— Whoever transgiesses, to merit pardon should repent ditions neither What would (1) strugale ows submission have been gained | were now to be jected as entirely in: the aw Ventertains the firm persuasion th. there are Spautards inthe Antilles or in there exists @ nation with the glorious Will remain as an tntegral part of that nadion, ‘There Is no doubt a great deal of buncombe in alt this talk of the Diario, This kind of brag {t has adopted for the past four years, and hardly three days pass without # specimen of this style of litera. ture, which ts Incense to its director and dattering to the ignorant integros, as those who brag abont hationit integrity and the former glories of Spain are generally called here. NO SYMPAT/IY FOR UNCLE HORACE. Another source “of uneasiness to the ultra Spantards of this island, and which kecps them ta # state of nervousness, is the approaching Preal- dential clection In the United States. The Phil- osupher of by hee meets with no sympatiy among them; his bearings towards the struggling Cubau patriot are too well known, as also taat for years he hag been considered the champion of the chslaved negroes. ‘This election, tt ts feared, would bring into power that portion of the demo- cratic power who have always advocated the acqui- sition of Cuba, which, united to Mr. Greeley's pro- clivities to the freedom of the slave, serves to Ine Hing among the Spaniards of tho island a fear that, should he bo elected, somo steps will bo taken in favor of the Cubans, some assistauce rendered them towards their annexation; im short, the. present status of the insurrection to be changed to the damage of spain. This fear of Greeley dors got, however, imply. that Grant is tho favorite. Hin icy towards Cuba and the Cubans bas repeatediy wen severely criticised by the press Nore, but tho Spaniards, who are much given to old adages, iy, “mas vale malo con . ge bueno yrtra conocer," to the English saying, “Of two which correspouds evils choose the least." FINANCES. The late decree of the government authorizing the issue of $60,000 In intorest rate J bonds, by Ir} the Treagury of Cuba, had the temporary eect uf depresalt ‘ine price of gold, which to-day ruling steadily twelve per cent premiun., The commercial necerzaitics of the island arc now attracting goneral attontion from ail cinerea here, On Wednesday afternoon a Junta, pres sided over by tho Captain Genoral and attended by the lately arrived uew Intondente of (he Treasnry of Cuba, and committecs of the planters, merchants and various (ndustrial classes was held at the palace. lmportunt matters were eo relative to tho depregsod state of the CONTINUED ON NINTH PAGE, deavor by diplomacy to effect some steps tending _