The New York Herald Newspaper, January 8, 1873, Page 9

Paagies. As aig unchanged. It relates to the reception “lSection Lid is unchanged. It relates to bribery of of- Sno, 62.—Seotion liduf said. act hereby amended by adding at the ond thereot the words following: ¥: ron in this section mentioned. shall, d the time for which he was elected or appointed haves in re an interest in any contrac: the aenay department or o thoreot, ales ihe same be de pu as for a misdemeauor: acts which’ any such person is or becomes Interested shall at the option of Ce 4 felted and void. ‘No perwon in. this section, named shell give or promise to give any portion of his compensation sor any money or valuable thn to any officer of the.city or to any other person in consideration of his ha os beeu ap- lected or employed as such officer, agent, clerl or oye, under the Peualty of forfeiting his office ani being forever disqualified trom being elected, appoint or smployed in the service o¥ the city.” {The original section relates to the same subject, but as here amended the provisions are fuller and more eifec- tive, sey, are taken in substance from the charter pro- 1 Committe of Seventy last year.) 116 originally related ‘wholly to. th It was amended in 13/1 by adding provisio t the gale and leasing of city property. [tis now left un- ‘changed. | NO MORE LAMPS AT THE CITY EXPENSE. Sxc. 53.—Section 117 of said act is hereby amended 0 as to-read as follows :— Suc. 117.—“No real estate, or buildings, other than such asareaciually and exclusively occupied tor religious Worship, or orphan asylums, of as @ free hospital, or & {ree brary, shall Le exeipt irom taxation oF assessment, No lamp shail be lighted or maintained at the public ex- Ponse in frontof any private building, or of any public huilding not solely’ occupied by the city, unless in the ordinary and regular distribution of the street lamps, & lamp would be go placed. And no ornamental lamp, other than the ord ry street lamps. provided by the city, shall be lighted at the expense ot tue city, nor shall ay'lamp be used as a means o! advertising of have upon itanything more than the street and number.” po } amendment Son ekais famine away ren pores he Mayor and Comptroller exem| rope ‘om taxation, And defines What shall be exempt, It also corrects some abi auto street lamps, and will in this #ave at least fifty thousand dollars a year.) 118is unchanged. It relates to elections. 119, which originally related to if Htmade that Board consist of the Mayor Coupteoll Commissioner of Public Works, Ccmnissioners of Taxes. -and Assessments, Counsel tothe Corporation and Preal- dent of the pene of Parks, It is leit unchanged. } ‘ {Section 120 is. a general repealing clause and is left un- nged. ‘The ‘allowing sections are new :— COMMISSIONERS OF ACCO Sxo, 54.—The Mayor shall from time to and remove Be plaanare one officer, who, together with the President of the Board of. Aldermen and the President of the Tax Commissioners, shall be Commissioners of Ac- counts. It shall be their duty, once in three months, and oftener if they deem it proper, to examine all vouchers and accounts in the offices of the Comptroller, an Chamberlain, and to make and pebtien in the City Recor @ detailed ‘statement of the financial condition of the city, Rog the amount of its funded and floating debt, the amount recelved and ex- pended since the last preceding report, with a classification ot the sources of revenue ‘and ex. Renditurs; and such other information as they shall leem proper, They shall also call particular attention UNTS, y time appoint to any Sxpendiinres which they consider improper or ex- cessive, They shall trom time to time make an examin- ‘ailon of the expenses of the several departments and of- ficers, and make such recommendations to the Board oj Anpordionmens and other officers with reference thereto, and particularly with reference to salaries and duties, as they deem advisable. Any one of such Commissioners Prt inane authority at any time to make any such ex- amination. (This section ts intended to secure a proper examination of all expenditures, Had such a provision existed in 4870 millions wouid have been saved. It also aims to pro- vide for the necessary information to secure a revision of salarics.) COPIES OF PUBLIC DOCUMENTS. Sxo, 55.—The heads of all departments, except the Police Department, and the chiets of each and every bureau of. aaid departments, or any of them, except the Police De- partment, shall, with reasonable promptness, furnish to any (Uk desiring the same a true and certified cop; of any book, account or paper kept by such department, bureau or officer, or such part th be de- ‘manded, upon payment of ft jundred ‘words thereof by the person All books, accounts and ereof as ma; cents for every mending ee sameg., apers in an ‘ pireau thereof, except the Police Departines: stant et an times be open to the inspection -* sae ‘subject to any reasonable r"" ve_any faxpay rae time an? “,wos And Fegilations in regard ~ ¥ « wianner Of euch inspection, spch GER ARL Pt: ‘or officer may make ii rdgatg to the same, sa order to secure the safety of such ooks, accounts #0 | papers, and the proper use of them by the department, : bureau onofficer. Incase such inspection shall be re- tused, suéh taxpayer, on his sworn petition. describing » the particular jook, account or paper that he desires to Inspect, may, upon notice of not less than one day to such department, :ureau or officer, apply to any Justice of the Supreme Cour, for leave to make such inspect'on 48 such Justice shall by bis order authorize, and spec.ty \ the time and manner of ach inspection in said order. section looks to secn, ing publicity, ane ae access information “fal the departms 5 . Bt shall e Com) pI tia fs the Se a ae ot 1.oforethe annual elec; officers in each years x ndftiin, and expe: fe. ‘the ir ending on the firs. ich such publication is made, ana nce or surplus; and in every such statement . “@ the objec. he same were made, and the creer ot moneys expended under each, the moneys borrowed on the eredit of the Corporation, the authority under which each loan was made, and the’ terms on which the same was obtained, shall be clearly and particularly specified. C. its hae is a further provision looking to proper ne HOA QUILT, OFFICIALS MAY nx ARRAIGNED, Bye. fogs lerman, commissioner, head of depart- ‘ment, chief of bureau, Seputy thereot, or clerk therein, or other officer of the ‘corporatiou, may, if a judge shall 40 order, be summarily examine’ upon an order to be made on application based on an affidavit of the Mayor or of the Comptroller, or any three aldermen, or any commissioner of accounts, requiring such examination, and signed by any justice of the Supreme Court of the First Judicial Department, directing such examination to be publicly made at the Chambers of said Court, or at the office of said department, eer, aud hour to be ‘famed, not less, however, than forty-cight hours after ersonal service of said order. Such examination Seat be confined to an inquiry into any alleged wrongiul diversion or misapplication of any moneys or fund, or any violations of the pro- any want of mechanical is W,' oO} qualification for any inspectorship of public work, or any neglect of duty in acting as such Inspector. or any other delinquency charged in said affidavit touching tne office or the discharge or neglect of duty of which it is alieged in the application for said order, that such alder- man, head of department or other aforementioned officer fas knowledge of information. Such alderman, com: «missioner, head of department or other aforesaid ‘officer shall answer such pertinent questions relative thereto and produce such books and papers in his custody or under his control as the justice shall direct, an examination may be continued from to tine, wuch justice may order, but the answers of tho party charged shall not be used against him in any criminal proceedings; provided, however, that for all fulse answers on material points, he shall be sub- ject to the pains and penalties of the crime of perjury. be continued before any other and other witnesses, as well as the in the discretion and be examined ‘he proceedings ma; justice in said distrie' parties, making such appltoation, m of said justice be compelled to atten touching such alleged delinguencies. Such justice may punish any refusa! to attend such examination, or to an- ewer any questions pursuant to his order, as for a con- tempt of Court, and shall have as full power and au- thority to enforce obedience to the order or directions of himself, or any other justice, as sny Justices of the Su- preme court inay now have, or shall possess, to enforce obedience orto punish contempt in any case or matter whatever. Such examination shall be reduced to writ ing, and be filed in the office of the County Clerk of tl county of New York, and be at all reasonable times a cessible to the ae and notice of the same given to the deparment in which said officer Is employed. (This sche Govetiin ores ‘de Ge re Seana roposed by the Committee of Seventy last year. A simi- ay Pome existed in the Metropolitan Fire and Health wi s. Src. 58.—In every department there shall be kept a re- cord of all transac’ ane, to be accessible to the Pabt juage, shal Eracts awarded and entered into for work and material of every description, which abstract shall contain the name or names and residences by street and number of the party or parties to the contract, and of their sureties, it any, “A copy of such abstract shall be promatty trans- mitted to the zn. geste ated to prepare the Ott - cord, and shall be published theroin. Notices of all ap- pointments and removals from office, and all changes of ralaries shall in like manner, within one week after they pA ag be transmitted to and published in the City cord. [A further security or publicity, taken in part from tl charter proposed by the Committee ot Seventy last year.) THK “CITY RECORD.” Sxo. 59.—There shall be published daily (Sundays and togal holidays excepted), under a contract to be made as hereinafter provided, eat to be known as the “City Record.” @ Mayor shall appoint a person to super- vise the preparation and publication of the same and fix his et All the expenses connected with its publica- tion and distribution, except the salary of the person ap- pointed to supervise the same, shall be covered by a con. ract for printing, to be made in the same mainer as other contracts. There shall be inse in _ said City Record noth aside from such official matters as are in this act expressly authorized. The con- tract for the publication of the City Reeord shall provide for furnishing, free of charge, to the city Not more than one thousand copies theréof, also fora gratuitous distribution to every per ireret, regularly Ce in the city of New York, when it shall apply for he same, of two copies, and to every public library or public inatitution im said city which shall apply for bd o same, of one copy. Ries or the same shall be sold by th oer at a price to be fixed by the officers making tie contract. All advertising required to be done for the city, and all notices required by law or ordinance to be published in corporation papers shall be inserted at the public ex- pense, only City Record, and publication therein shall be a coinpliance with any law or ord! requiring a“ of such matters or notici pepe t is the Bye patty Cy aon in said city, to le the Board of Aj yf m ted jonment, briet advertisements calling attention to any Ag = mtendea to be awarded, an referring for tull information to sald City Record. paid from the city treasury fot except such as is herein au- and no action shall be maintained or judgment obtained against the city for any advertising here. atter done, except such as is herein authorized. The copies of the City Record furnished to the city shall be distributed to the several departments and officers nd Ree persons and in such manner as the Mayor shail PRINTING AND STATIONERY, Atl printisg, for said city, inelndin the City ord, shall be executed, and all stati supplied, ander contracts to be eutered troller and the Comumlsdonsr ¢ Public contract tor printing the City me after an Sethe ak in the five rinted in city, havin; i, for at least twe rintl jails sg th argent cirduiatin there: TOPO enls for. printin Shall be" based” 4 peettcn fons to. be filed. in the Department ic im and sturtionery en a ‘ orks, which shall eet forth with accuracy the number f every description of printed bian! also each Soceription of stationery or blank books in ordi in the Board of Alderinen and. the respective iepare, Ny ments, and Hkely to be required during the year for which such contract is to be given; and the bids shall be sirse for such number of each printed description of lanks, or of each article of stationery (including under the head of stationery letter or writing paper, or envelopes with printvd headings or endorsements) as are speci fied, and for such additional number as may be require giving the price for blanks of every description, and the price tor all other printing, “per thonsand ems” or for rule and figure work.” Separate contracts shall be made with the lowest bidder for any one description of print- ing, or any article of stationery involving an expense of more than five hundred dollars. Twenty per cent of the fmount becoming due, from time to fime, shall be with- held by the Comptroller until the completion of the con- tract; and in case the contractor sha to fulfil the game to the satisfaction of the Commissioner of Pub’ Works, then said Ooumusioner may declare sald con- tract to be annulied and the twenty per cent so reserved to be fortei to the city, and he and the Comptroller shall immediately give ndtice tor other bids for such NEW YORK HERALD, WEDNESDAY, JANUARY 8, 1873.—TRIPLE SHEET, rinting during ‘of the term of’ Ro judginent stat be ish of sae, saema.cl goutrect. ny Ae stationery, done after the of this act, unless done or acontract now ts eiadeg aw ie" Sri dips asegeas ay'be, ai any time for engraving, lithographing Me m 00d maps or other picture may Toreguired: tut nothing herein contained ‘shall be con- to require a separate contract for each snarer ae, aforesai hy ph, Wood cut or map, unless the officers a. deem the same advisable for the interest of the - “ONLY 4 THOUSAND corres." No more than Lad of the Mayor, or report of any of @ depai nt, and no more than 500 copies of any report of a commi: of the Board of Aldermen shall be printed apart from Neither the work known as the Manual of jouneil nor any similar work shall be rinted at the public expense, but there shail be d in the Vity Kecord, within the month of January in each year, a fist: of all subordinates employed in any cig department (except laborers), with their salarics and residences, by street nu all changes in such subordinates or salaries poplished. within are made. It shall be the duty of iments to furnish to the everything required to be canvass of votes at every clection shail be published only in the City Record. The Mayor may order the insertion of pny 0! cial matter or report in the City Record. (This section {s an amplification of the provision to same effect in the charter proposed by the Committee of Seventy last reer It is intended to cut off the print- ing and advertising swindle, and will, it is believed, save hundreds of thousands of dollars annually, bealdes secur- ing publicity to information not always accessible. } BOARD OF APPORTIONMENT AND AUDIT. Src. 62.~The Mayor, Comptroller, President ot the Board of Aldermen #nd' the President, of the Commis- sioners ot Taxes and Assessments, shall constitute a Board ot Apportionment and Audit, who shall, annually, between the —— day of. lay of meet, and by the unaniimot to of all the members, make an estimate of the amounts to pay the expenses of conducting the public business of the City and County of New York in each department and purpose thereof for the then next ensui dnancial year. In such estimate they shall include such sum as may be necessary for the payment of the interest on the bonds of the said’city and county, which shall bec due and payable within said year, and such sum as shall De nechuary $0 pay the principal of any bonds and stocks come due and payable from taxes during said year, and also so much as may be ne to pay the proportion of the State tax required tobe pal by the. city and county of New York in said year, Suc! imate shall be prepared in such detail asthe sald Board.of Ap- ortioument shall deem advisable, and shall be'signed* ind when so signed id sevorah e become a roprated to the departme! ts erein named. all filed in the office of published in the City Record. The aggregate amount so estimated shall be aqecined by (oo Comprar to the by Pay of the county of New 1 the nd nd jh ‘01 itshallbe the of said Supervisors, and they are hereby empowe! and directed annua! cause tobe raised, according to law, and collected by tax upon the estates, real and personal, subject to © € fh tion within the city and county of New York, the said amounts so estimated and certified as atoresaid. The first meeting of said Board in every year shall be called by notice from the Mayor, personally served upon the mem- bers of said Board. Sul uent meetings Il be called 4s the said Board si rect. At such meetings the Mayor shall preside, and one of the number shall act as cretary. In addition to the estimate herein provided for, the sald Board may: from time to time as they deem it advisable, by a unariinous vote ofall the members, authorize the Issue of any stock or bonds for the purpose of withdraw- ing or taking up at maturity any stocks or bonds of the cit; en _ outstanding; but the said bonds or their proceeds shali be applied exclusively to the payment, purchase and extinction of such matur- ing bonds in such manner that the peatene te of the stocks or bonds of said city outstanding shall not be in- creased thereby for a longer period than 1s necessary in effecting saia change. ‘he said Board of Apportionment may, from time to time, by a concurrent vote, authorize issue of the whole or any portion of any stock or bonds which are now by law authorized to be issued upon compliance with tl ta aed of the law authorizing them. Tho said Board of Apportionment may, from time to time, on the application ofthe head of any department, authorize the transfer from one bureau or purpose to another in the same department of any sum theretofore appropri- ated for the purposes of suc! epartmens or bureau; but no department or officer shall incur Bay expert in ex- cess of the sum appropriated. All provisions of law re- guiring the raising, sppropriaadn or payment of oney, or the {ssue gt ni ay, atoo! or othe; e ir obligations of ei ineurrii ol on the part o} Behl ft ‘or the say aac hae a et oe Prov! for the payment of §he “cht of Yhe cy, ai i the. prepordon Of whe ouate tax inapoped pol sald city, shall be con- strued o1 28 omer @ discretionar’ to raise, appro) riat y said money, issue sald obligations, or iucur said if Duty or — me and not as obligatory; and the CS ee all ects isles Meat mariner ek the Borad of Appoi ment ant ane advisable, and shall by a concurrent vote authorize the same. Rr a ae ie aed a fe ance wit the provisions hereof, the apportionment here- tofore made, {The Board of Apportonmens which makes up the “tax levy,’’ is now composed of the Mayor, Comptroller, Commissioner of Public Works the President of the Department of Parks. This w: Mere temporary de- vice. Some of the officers named are themselves con- nected with the expenditure of money, and there ia a nat- ural tendency on their part to desire ‘to secure as much money as possible for their own departments. We pro- ose to substitute in their place the President of the joard of Aldermen and the President of the Tax Com- -tssioners, as officers who are concerned, #0 to speak, " conomies of money. e to this board great discretion in raising money, and i) one Torn he opaat ofa Be e pena es z, ,, ake the raising of money or the issuing o} far watch». on the requisition of ome department or institutfon. an euc® Prov! isions are rendered discre- tionary.) ‘ton or payment for the contest- 8x0, 6l.—No appro} ‘Boat ing of the office of Mayor, «" “nent or the since ar ae Aldermen or office in any, the city treasury, shall officer whose salary is pa : be imade to any but the provailing ».*"tY- , Nor shall any such appropriation or payment be ing party, except upon the written certin, #!2 of the chier oflicer of the Law Department, as to the vit." Soa vices rendered in the In’ case an officer. Ordered to be examined, fn pursuance of the provisions hérvinbé- fore contained, the Department shall assign cotnicel to the officer making the application; but should such officer see fit to employ other counsel than that as- signed by the Law Department, then, in that event, no appropriation or payment shall be made for his or their ayment, except upon a certificate of the Justice or Justices before whom. the proceedings have been had, that there was probable cause for taking such pro- ecdings. e This is intended to correct a well known abuse. It is substantially taken from the charter of the Committee of Seventy. Y- | ePARATION OF CITY AND STATE OFFICES. Src. 62. Any person holding office, whether by election or appointment, who shall, during his term of office, ac- cept, hold or retain any other civil office of honor, trust oremolument under the government of the United States, or of the State (except the office of notary: ubli¢ or com: mussioner of deeds), or who shall hold or accept any other office connected with the government of the city of New York, or who shall accept a seat in the Legislature, shall be deemed thereby to have vacated every office held by him. No person shall hold two city or nty offices, except as expressly provided Mm this ac’ rages officer under the city government hold or Fetain an office under the county government, except when he holds such office ex-officio by virtue of an act of the Legislature, one in such case he shall draw no salary such ex-oficio office. ors provision intended to put an end to the great abuse of double oifices, is substantially taken from the charter of the Committee of pantie x0. 63,—No street, avenue or public place in the city of New York, which has been once paved, and the expense thereof pald tor by the owners of the adioining property by assessment, shall hereafter be paved at their expense, unless such paving be petitioned for by a majority ot the owners of the property (who shall also be the owners of a imajority of the front feet) on the line of the proposed im- provement; and any ordinance or resolution heretofore assed for any repavement which has not been petitioned lor by a majority of the owners of the adjoining property to be affected, and for which no contract has been entered into or award of contract made, is hereby declared to be Say ag and void. . 0 PATENTED PAVEMENT SMALL BE LAID AND NO PATRNTED ARTICLE SHALL BK ADVERTISED FOR, CONTRACTED FOR OR PUR- CHASED, EXCEPT UNDER SUCH CIRCUMSTANCES THAT THERE CAN BE A PAIR AND REASONABLE OPPORTUNITY FOR COMPETI- TION, AND ON CONDITIONS 70 SKCURE THE SAME TO BK PRE- SCRIBED BY THE BOARD OF APPORTIONMENT. {The first portioy of the section is taken from the char. ter of the Committee of Seventy. The portion in small capitals is an attempt to reform buse. } SALARIES, Sxc. 64.—The annual salaries to be paid to persons herein named shall be as follows, and such salaries shall be in full tor ali services rendered by them to the city or county {in any capacity whatever, ope Mahptrolicr, $12.0, ‘o the Vomptroller, $12,000. To the Commissioner of Public Works, $10,000, To the Corporation Counse: MT pears To the President of the Board ot Police, $8,000, ‘Yo the Commissioners of Police, other than the Presi- dent, $5,000. ‘To the President of the Department of Parks, $7,500. To the Commissioners of Parks other than the Presi- dent, nothing. To the President of the Fire De) ee £8. Tothe Fire Commussioners other than the President, ‘o the President of the Department of Charities an d Omrevee. 600, the Commissioners of Charities and Correction other than the President, ‘oni To the President of the Health Department, PAT Commissioner of Health, other than the Prest- jen’ To the members of the Board of Aldermen, other than the President, $3,000 each. wi To the President of the Board of Aldermen, $5,000. nt of the Department of Taxes and Assess- 500. ‘To the Commissioners of Taxes and A than the President, $ pata sasaere cies ifo the Prevident of the Department of Doo 7 59, enn Gommintooers of Docks, other thet hit Presi- , No img. Tothe President of the Croton Aqueduct Department, 090, To the Commissioners of the Croton Aqueduct, To the Commissioner of Accounts, appoin' 000, by the Mayor, $3,00, subordinate in any Gepartment shall receive a greater salary than the highest salary paid to the head OfWerbring the salaries of all the heads of a e ny e salaries of 1s Into one section ‘and state them in full. The comparative phenol between our plan and the present system is as fol- ows :— 12,500 10000 Corporation Counsel . 15 1, President of Board of Police. 000 1000 Three others day 01 thing Four others . 000 Two other Cominigsione: 8,000 Four others 40,000 President of Chariti Two other Commissioners. President of Board of Health. One other Commisst nd Cor- 500 10,000 ++ 10,000 Four others 40,000 $000 Three other 2, és ers 000 Nothi * a0 itis 10,000 Three others 30,000 2,500 — Pres’t ot Dock Commissioners. 10,990 Four other Commissioners. . .No 40,00) Superintendent of Buildings... 7000 President of Croton Board.. = Two other Commissioners. - +s $420,000 Treasurer hie rec 008, (We also cut off all fees and double salaries. | THE OFPICK-HOLDRRS TURNED OUT. .—The terms of office of the following named off- cers now in office shall cease and terminate at the fol- OTe Vommimionors of Police, the Fire 0 he Cominissioners ot ‘olice, the Ms the Commissioners of Charition and Correction ie oor missioners of Docks, the Commissioners of Health, the Commissioners ot-Parks, the Commissioners of Taxes and Assessments, the Superintendent of Buildings, (ue Gom- the City Marshals, the members of all ‘commissions or boards Sppointed to feveriatend the al ublic bu the Mi other re he the Mayor of Alder e: Face iguceneiineds tt Gerpencienl me caect in any depai oi ac belore, ald date, shall be valid beyond such date. . The terms of ‘office of the Superintendent of Police, Beparemene the inepedtor of Fire Apparatus, he Fire a1 mnt 18 ol ire rat ire Marauial and his depuiien, shall cease thd determine Ave days after the appointment of the neads of the Police and Fire Departinents respectively, and the terms of all subordinates in every department shall cease and deter- ine 80 S00N as the of the departments herein pro- ‘Vided to be appointed shall appointothers in their places, ine head: of departments now in office, who are not in this section named, shalt hold office until the 15th day of bruary, and thereafter until their successors are officers shall deliver over to their suc- roperty of every kind and all books and pa- ors in thelr use and possession, respectively, belonging the city or any department thereof. (We remove from office all heads of departments, ox- cept the Comptroller, the Commissioner of Public Works, the President of the Park Commission and the Corpora: tion Counsel, all of whom were appointed by Mayor Hall but under the influence of the reform movement, and all of whom have shown themselves honest men. The fact that they were not appointed by the present Mayor will not make their retention objectionable to those who believe that, as a matter of good government, the Comp- troller and Corporation Counvel ought to He, as they always were till the Ring came into power, inde- Pendent of the Mayor. This view is, 40 far as the Corpo. ration Counsel ivconcerned, taken by Mr. D. B. Eaton in his recent address. We, however, shorten the terms of office of those officers who are retained.) Sxc. 66.—The several departments shall continue to oxsean the same powers and perform the same duties as eretofore, except as herein otherwise provided. Sxo, 67.—The following provisions of law are hereby re- enacted :—Section | of chapter 383 of the Laws of 1670, so far as the same relates to flagging and lighting; section 17 of sald act, section 27 of said act, section 23 o: section 26 of said act, section 29 of said act, sections 31 to 44, inclusive, of said act; section 6 of chapter 574 of the Laws of 1871, But such re-enactment shall not be Construed as controlling any thing heretubetore expressly provided, 8x0. 68.—The following provisions of law are héreby re- pealed Section 1 of chapter 383 of the Laws of 1870, 80 far as it limits the power of the Corporation Attorney. The acctlons re-enacted aud repealed are in tax levies and to avoid any question as to their constitutionality. are introduced here. Section 1 of chapter 333, Laws of 1870, contains a provision giving the Commissioner of Works power to contract for lighting the streets; section 17 limits the right of action against the city; section 23 relates to details of police government; seetion 25 to tho noral powers of the Health Departinent; section 29 to © power to lay sewers; section 6 of chi pler 574 of the te epartinent of Laws of 1871, relates to powers of the Docks. The provisions of yection 1 of chapter 883 of Laws ot 1870, which is repealed, was intended to increase the costs of the Corporati ‘Sko. 69.—This act sl STOKES IN PRISON. Opinions of the Other Murderers in the Tombs about Stokes. The unfortunate young man, Stokes, now occu- pies the quarters in the “Tombs” known as the “condemned cell”—the same cell, by the way, in which the majority of the murderers confined in the City Prison have passed the last few weeks of their existence prior to expiating their crime on the scaffold. During the past year of his incarceration the prisoner has enjoyed many privileges which ordinarily do uot {all to the lot of persons immured on capital charges. The cell heretofore occupied by him was, for prison quarters, furnished almost sumptuously. Now, howéver, since the lawhas ordained “that he be closely confined,” he Hoes to experience for the first time the rigors of prison discipline. Stokes still complains of want of exercise; but as Attorney.) foct immediately. “close confinement until the day ef execution” is part of the sentence peonorncest upon him by the Shure, the prison authorities must see toit that the behests of the law are carried out in his case as they have been in the cases of former occupants ofthe same cell. On the night following his con- demnation he slept as comfortably as could be ex- pected, but complained yesterday somewhat of the scantiness of bed covering and the dampness of the Hl. cell, A large number of the friends and relatives called esterday to r chee Bympathy to the prisoner. iis counsel—Messis. Tremaln and Townsend—also called upom him and had an audience. The pris- ner was allowed to take a short walk in the corri- r, and he seemed to enjoy even that short spell of relaxation, Wa ep, Fila told the HERALD reported yesterday that Stoked Would be allowed a short walk for exercise every day in order that he might retain his health. Horace Stokes, the pris- oner’s brother, had a sorrowful interview with the condemned man, but was not permitied to enter the cell nor even shake hands with him, for the prisoner could only pass two fingers at a time through the picket. ‘The otber ‘murderers who are confined in the Tombs awaiting trial havé éxpreasea y#rlous opinions in regard to the verdict and sentence upon Stokes. King, who is charged with the assasi- nation of O’Niel, in Pine street, received the news suddenly, and was somewhat shocked. Scannell, who is charged with the murder of Thomas Donohue, has not said anything, with the exception of asking how Stokes stoca it auring the sentencé, Foster, who has got a stay of pro- eedings and is on the second tier of the prison, 8 felt very despondent since he has heard of the conviction of Stokes. His appetite has been affected and he seems stupefied. Sharkey, who shot Dunn, said to another prisoner, “By fractious, he is gone, Stokes is.” Simmons has behaved with a Sogzed and sullen obstinacy and refused to say anything about Stokes or his sen- tence. Stokes holds no communication with the other prisoners whatever, and preiers to keep to hinsete and hardly ever utters a word except to a keeper or reporter, THE CENTRE STREET HORROR. Continuation of the Investigation by the Coroner=—The Fire Escapes Out of Order—The Building Shaky and Dan- gerous—Reports of Its Condemnation— Benzine Thrown Around in the Press Room. Coroner Herrman yesterday morning resumed the inquiry into the Centre street catastrophe, and examined a number of witnesses, much of the tes, | timony being of but little importance. C. C. Meservey, of 58 Clinton place, deposed that he occupied the second floor since October last as | the New York Newspaper Unton; the stairway | leading to the second story was about four | feet wide; knew there was a fire escape in the | building; never saw it, as escape was ney, from the | second floor; never allo ed benzine to be used in | the room nor turpentine; use lye and oil; do not | consider it unsate to use benzine if properly handled; had a conversation with Mr. Archer, who said ne thought it would be dangerous in case of fire to escape from the building.' Patrick Gallagher, of 66 Carmine street, testified that he did business at 87 Centre street; was in the | building at the time of the fire; got a ladder and assisted the ee to ene gh was present when the walls fell in; have noticed the fire escape, and con- | sidered it useless, as there was no ladder on it; it was put up three or four years ago; have often re- marked that the fire escape was useless, William E. Crysler, of 46 Tenth street, Williams- burg, testified that he was in the employ of Dun, | Barlow & Co.; was at work at time of the fire in | the press-reom ; with the foreman threw 4 Wetting- board on the flames; noticed that when the ma- chinery was in motion the building vibrated more bee in ote buildings in which he had worked. ‘m, F. Hays, Captain of 31 Engine, was at the ore | in Centre street, with his men; after being in the building a few minutes withdrew, when the whole bua fell in with a crash; have never beiore seen a building come down so quick i this, except | @ building in State street, in 1865; the nértheast | wall was firm; the building fell in fifteen minutes after the notice of the fire was received; in the Opinion of Captain Hays the cause of the failing in oP the walls was the amount of edt 3 ink on the floor of the building; it burned away, and the walis fell in in consequence; the elevator was di- | rectly in phe rear of the stairs, and, owing to the | currént of aif through them, increased the flames in case of fire; according to law elevators and hatchways are required to be covered at ail times | ‘when not used. John Dalton, fireman, of engine No. 31, testi- | fied that the force had a stream on the third floor in four minutes alter leaving the engine house; saw three or four girls come out oi! the second | floor, and was informed ‘by one that others were above; witness attempted to get up, but was driven back by the flames; if the alarm had been fiven sooner the building, in his opinion, might ave been saved, Andrew J. McKilvey and John McGloin, firemen, testified as to the efforts made to put out the fire and secure the girls. Hezekian Archer, one of the firm who occupied the three upper floors, testified that when they leased last May they examined the building care- fully, and he had not considered it unsafe; if the fire had not occurred right by the stairs all would have got out; about fifteen or twenty went out by the fire escape; he had gone to Kelso as olten as four times per day to know what to do, and to the Fire Marshal, but they said it was the landlord's business and not ours; we never told Kelso we Pads = dig out the bodies because our lease had expire lohn Donoho, brother of the Donoho sisters, who were among the victims, testified that the girls went away at eight A. M. and returned usually at seven; that morning they told their Mother they would have to work until eleven that night; they told mether that the boss had taken their names and residence so that if there was a fire they could send word nome. The Inquest was adjourned until half-past ten A. . to-day, PARTNERSHIP COMPLICATIONS, Honorable Discharge of the Defendants. George W. Godward and William J. Hoey, who were reported in yesterday's Hera.p as being in- volved in @ partnership complication with J. W. Fonda, with whom Godward was previously asso- ciated in business, Fonda was the plaintit, and it now appears that the proceedings inst Hoey and Godward were largely instigated by malice. Yesterda7 Messrs, Hoey and Godward appeared at BROOKLYN'S BRIDGE BURDENS, Ventilation of the Affairs of the Management. A Dissension Among the Directors—A Majority and @ Minority Report—Necessity for the Restriction of the Powers of the Super- intendent—A Change of the Charter Necessary—The Exocutive Com- mittee’s Defence—Interosting Reading for the Taxpayers, The long agony ef suspense . concerning the management of the affairs of the New York Bridge Company is at an end. Yes, terday eight solid columns of printed re- Ports, the result of the invostigations of the ma- jority and minority of the special investigating committees and the reply of the Executive Com- mittee thereto, were handed to the press for publi- cation. The work of the investigating committees was to ascertain whether the managers were held sufficiently accountable to the public under the charter; whether the transactions of the principal committee were unknown to some of the directors; whether some members of the company were in- terested in furnishing supplies for the bridge, and the importance of an carly completion of the bridge. The Chairman of the committee, Mr. De- mas Barnes, differed from the other gentlemen of the committee, Messrs. Hewett and Schroder, as to the manner of reporting the result of their labors, He therefore submitted a minority report upon the subject, His examination is brought down to June, 1872. The records of the company are brief. The company was organized May 16, 1867, The re- port then proceeds to give a brief of the minutes of the subsequent meetings. The expenditures to the date of the examination had been :—Cash dis- bursed, $2,859,389; due en land purchased, $282,000: total, $3,141,389. The stock of the Bridge Company is $5,000,000, to which New York city sub- scribed $1,500,000, the city of Brooklyn $3,000,000. The Finance Committee has never held a mecting or made a report, The business of the company Was absorbed by the Executive Committee in every department. For instance, Alexander McCue was appointed counsel to the Executiveommittee (not the Board). The bills against the company were audited by the Executive Committee. Wiliam C. Kingsley was appointed Gen- eral Superintendent to act under tho direction of the Executive Committee. No duties are defined nor any compensation referred to. What there is of the bridge ts largely due to him, and explanation of relations with the company is necessary, Being the largest voting stockholder, he can place himself in the direction at his pleasure and could not be held responsible for any- thing transpiring within the Board or committees. A wide discretion and large responsibility were thrown upon him, There ts no regulation on record as to how competing interests are secured for the benefit of the company in procuring material; of Why two, three or five persons only are selected to price material. When bids are asked for who is to open them? Material has never been advertised for. . Ata meeting of the Executive Committee held July 5, 1870, “five per centum on the ameunt of the expenditures of the foundations of the towers of the bridge up to high water mark, including the payment for land, be paid to W. C. Kingsley for his Services and advances on behalf of the company up to the completion of such foundations.” Some of the directors did net Know of this arrangement until the present year, January 3, 1871, the com- mittee had paid on this account $175,000, The ex- pendivures to dat were $1,179,521, On this amount five per cent Would né $58,070, and not $175,000, Phe Superintendent therefore AONE Combaiine tion at the rate of fifteen per cent insi{ad of A) per cent. The amount paid Kingsley had first beeif charged toa “cemmission account,’’ then erased on the ledger and charged as “special expense” account, and more recently. transferred to “construction account.’? November 15, 1871, the recoras show that the claim of Kingsley ‘was liaui- dated, with his consent, at an amount not exceed- ing $125,000, in full, until the completion of the foundation of the towers to high water mark.” No explanation of the reason for this action is given. November 81, the construction account is credited with $50,000 from Mr. Kingsiey, but without any explanation or reference on the book of minutes, ‘The right to make or extend the profits of the Su- perintendent exists in the charter. The ‘“ad- vances” referred to in the resolution had been paid by the company, down to the matter of a tele- gram, long ;rior to that date. Bills for suppii are frequently paid upon the certification oi on name, and among them bills of material, in the sale of which the purchasing agent and the mem- bers of the company are said to be intereste The sum of $143,409 has been paid by the company to the New York and Brooklyn Sawmill and Lumber Company. The system of cash and check books is found faulty by the minority report. The organic law of the Bridge Company must be changed and the policy of the managers changed in order to hold that confidence which underlies the coveted success of the enterprise. It is estimated by Engineer Roebling that the entire cost of the bridge will be about $10,000,000, aside from the purchase of the right on both sides of the river. Thus far $4,500,000 has been subscribed by New York and Brooklyn; $500,000 by individuais, and the residue Is to be raised in a manner not yet de- cided upon. The stock of the cities has no Voice in the Management. Whoever controls one-half of $500,000 private stock absolutely controls the di- rection and the expenditure of all the money, The company is under no financial restriction, and is accountable to no authority. Mr. Barnes concludes his report by stating “there are men in this city who will pay for all the private stock and give $1,000,000 for the privilege of completing tie bridge under the existing charter.’ A conference outside as to what manner of changes are desiravie is recommended, The majority report, signed by Messrs. F. A. Schroder and Abram 3. Hewitt, sets forth that the Executive Committee have absolutely sole con- trol of the management. Whatever “advances” in money had been maae by Mr. Kingsley were fully repaid in money, so that the compensation drawp by him was for servicés rendered and not wy ‘adval ces, The $50,000 refunded by Mr. Kings- when it was found how large the com- ey was dong pensation of the Superintendent would be if titteen per cent was allowed. An erasure was made in the minute book to make the original resolution cor- respond with the change. The committee are of pinion that Mr, K. ngsley’e toasions mi stock ffi uencé Were sich ad to givd him & Goutroilin, power in the organization of the board, the full confidence of which he appears to have possessed. The committee recommend amendments to the charter of the company whereby iy thy election of directors the stock belonging td the cities of New York and Brooklyn shall be entitled to representa- tion in the samé manner as other stock. This is the only way to take away the ( pipathilderit, of the public money from the practical control of a single individual When, a8 appears now to be the case, he happens to own or represent the private stock, Application to the Legislature should be made for provision for the appointment by the jovernor and Senate, in the usual way, of thre mmmissioners to select a board of directors, to be composed of stockholders, so as to aceord proper representation to the respective interests. A few apparent irregularities exist in the records, but these have been fully and satisfactorily explained, and the committee feels justified in reporting that they have not been able to discover any case in which any misapplication of money has been made, unless the expenditure of $125,000 for salary for Superintendent should be so regarded. The prices ne \d for materials appear to have been reasonab! in many instances purchases have been made fro; one concern in which the Superintendent has had @ pecuniary interest, but the company has not actually suffered thereby. The practice is, however, condemne& The report appends a res lution directing the counsel of the compuny to pre- pare an act amending the charter so as to embody the necessary restriction in voting on stock representa- tion as above set forth, The salary of the Superin- tendent should, it is suggested, be fixed at $10,000 perannum, ‘The report of the Executive Commit- tee presents some explanation of matter contained or referred toin the majority report, The commit- tee say that they had no wish to prevent the most thorongh hag Sag A imto the company’s affairs, which was demanded alike by the public and themselves in consequence of the rumors circulated in regard to the management, The majority, bearing wne- quivocal testimony to the proper application of the large amount of mon with the single exception of the sum aliow to the Superintendent, Mr. Kingsley, for his services, express their disapproval Of letting out contracts witnout public advertisements, and of certain purchases from a concern in which the Superintendent is a stock- holder. In regard to the compensation of the Su- perimtendent the committee say that the subscrip- tions to the stock depended upon the personal at- tention of some one or more individuals, and this was mainly given by Mr. Ringsley, The firm of which Mr. Kingsley is a-member made up the de- ficiency in the subscription to the stock, amount- ing to $150,000, and it is not too much to say that without his active exertion in urging the project forward and the personal obligations he assumed in filling up the subscriptions the bridge would not have been undertaken at the time it was, if at all. the First District Police Court and were honorably discharged and the complaint aismissed, He seemed to the committee to have a jair claim for some substantial recognition, such as might re- nite him for his services in this regard. Mr. ingsley was selected as Secetintondans and ap- inted on the 14th of October, byt because of lis avocation as contractor and his claims to con- sideration, but his compensation was not fixed at the time of his appointment, as it was not deter- mined on what basis it would be ari d. He claimed @ compensation equal to the profit he might have le had he now a-contract on a given part of the work, and he was allowed fifteen per cent on the amount of the expenditure on the foundations of the towers of the ridge up to hi Water mark, including the payment of land, for his services and advances on behalf of the com- ny up to the completion of the foundations. The foundations were completed July 12, 1872, and the actual time of his superintendence embraced a period of two years and nine months. mittee became dissatisiied with the management, as they had not fully estimated the expenditures on the foundations. The total expenditures on the bridge on January 1, 1871, were $1,179,521, besides De epee sums to a large amount, and he had received on the 5th of that month $175,000, or fifteen per cent on the above sum, which was the last payment made to Mr. Kingsley on this account, On the 13th of November following his compensa- tion Was limited to five per cent, not exceeding $125,000 in all, ‘This involved a return of $50,000 on Ms part, which was done. Mr. Kingsley assented on condition that he should be relieved of a certain Portion of ‘the stock which he was carrying, and this they agreed to doin their individual capaci- ties, with the assistance of two other members of the Board, by payimg him $130,000 of the stock at its par value, taking the consequences of the act upon themselves, In regard to the prices paid for, the manner et purchasing materials and the state- ment that in many instances purchases had been made from a concern in which the General Super- intendent (Mr, Kingsley) had a pecuniary interest, the committee say that the practice adopted by them was in all practicable cases to invite compe- tition. Bids for lumber were asked from all the saw milis of the city that furnish it, and it was found that those of the New York and Brooklyn Saw Mill and Lumber Company (Kingsley’s) were most feg'orable. The prices paid were market-fixed and reasonable, In regard to the statements in Mr, Burnes’ minority report, the committee say that he omitted to state entirely that the Exeoutive Committee's report, showing the progress of the work to June 15, 1870, was read, approved and or- dered on file, This was important, because Mr. Barnes subsequently said that the committee made no report of their proceedings at any time. The committee then proceed to review Mr. Barnes? statements and charge that he falsifies the record by suppressing essential parts of it. They quote their records in thelr own defence. They hold it was not necessary that there should be a@ general regulation restricting the Superintendent's discre- tion, because there was no general discretion given him. Tabular statements were presented, show- ing the bids received by the committee for materials and the prices paid. The committee indignantly resent the insinuation that they were interested in Mr. Kingsley’s per- centage, and pronounce it unqualifiedly false. They declare Mr. Barnes’ report with regard to the certification of bills ‘a curious jumble of error and misrepresentation.” There is not a scintiila of proof that Kingsley’s sawmill company had the least interest in the purchases ——. 1@ conclusion the members of the Executive Committee, Messrs, S. L. Husted, J, S, 1, Stranahan, H. W. Slocum and Henry ©. Murphy, state they have given their ser- vices to the best of their ability for three and a half years in this responsible position, without re- ward or the hope of reward, beyond the credit of having been useful in securing an unbroken high- way between these two great cities and uniting them more closely in a common destiny. They say they may have made mistakes, but they have in benalf of the enterprise. TWEED’S TRIAL. More Efforts to Have the Trial Delaycd— Five Motions to this End, but All De- nied=The Case Sct Down Peremptorily for Trial To-Day. An overwhelming crowd filled yesterday tho Court of Oyer and Terminer, the attractive feature being the long talked of trial of William M. Tweed. Punctwally on hand was Judge Davis and the array of opposing counsel, and last, and not least, the “Boss” himself, looking a8 well and hearty ag he ever did in hia lite. Adding, no doutst, in the minds of many picturesqueness to the scene, was the presence ef the female brokers, Woodhall & Claflin, and their escort, Colonel Blood, late of “the hotel de Ludiow street.” They had come to plead to the indictment found against them in the mat- ter of obscene publications; but the Court, having too much on hand to attend to their little matter, they soon left. AS sdon as the Judge had fairly settled himself -in bis seat District attorney Phelps promptly rose to his fect and moved the trial of Mr. Tweed. ern dt shy: “On which indictment,” asked Mr. Field. “The indictment found against him jointly with Mr. aif apd Mr. Connolly,” answered Mr, Peck, ham. Dea LIRA fed Ne os pes) FIRST MOTION. “I then move,” said Mr. Field, “to quash the other indictments.” This was the first shot, that soon culminated in rapid musketry, The result was acfeat for Tweed’s lawyers. The Judge denied the motion. The de- fendant withdrew and prepared for @ second charge. SECOND MOTION. “No day has been set for the trial,” said Mr. Bur- che that @ day be now set for the triali. A general engagement between counsel ee ensued upon this motion. There was rapid firin; on both sides. On the part of the prosecution 1 was insisted that this was only another subterfuge for delay. This was denied by the other side. ‘They insisted that the case was not set down by Judge Ingraham for trial, but merely for the discussion ofthe time of trial, or rather was put over generaliy without any special provision. It Was strenuously urged that no day had been assigned for the trial. The war of words was finally ended by the Judge denying the motion. THIRD MOTION, Mr. Tweed’s cohort of counsel, though defeated thus far, were by no means discomfited. Prepara- tions were immediately made for another attack. This time it came in the form of a motion to post- one the trial. This brought out the biggest guns. ‘ormidable affidavits were made of tt want of time to prepare for the trial. One of the counsel said that he had given the past six Weeks in pre- paring for the trial and he had not yet got through the beginning of the beginning. The Judge hyd ht they had had abundant time and tntimated that according to his views of the brevity of human life if the counsel had made no further preparation than stated the cage would never come to trial. He denied the motion, FOURTH. MOTION. There was still another chance for Mr. Tweed’s lawyers. Motion was made to Lon ag the prose- cution to clect the counts upon which they would try Mr, Tweed. It was stated that there were flity- five offences charged in tho indictment and four counts on each offence, “This makes,” pursued the couysel, with marked mphasis, ‘220 counts in all.” ore counts than in a German principality,” an- swered the Judge. This pun was a pungent shot and a plain precur- sor ofthe result—denial of the motion, firtH MOTION, One more and the final moilon was now made. This was to compel more explications in the third gount on the first offence. There was a lengthy ar- gument on this, with the saipe result as in the pre- vious motions. This closed the day's engagements, and it was finally ordered that the trial proceed peremptorily to-day. MARINE OOURT. Assignment of Judges for the Year 1873, GENERAL TerMs.—For eer appeals held on the last Monday of each month:—January, Chief Justice Shea, Justices Spaulding and Gross; Febru. ary, Chief Justice Shea, Justices Joachimsen and Tracy; March, Chief Justice Shea, Justices Curtis and Spaujding; Aptil, Chief Justice Shea, Justices Gross and Tracy; May, Cnief Justice Shea, Justices Joachimsen and Spaulding; September, Chief Jus- tice Shea, Justices Curtis and lg eotelan g October, Chief Justice Shea, Justices Joachimsen and Curtis; November, Chief Justice Shea, Justices Curtis ap ‘Tracy; December, Chief Justice Shea, Justices Joachimsen and Gross, For non-enumerated mo- tions, held on the second and fourtn Saturdays of each mouth, except June, July and August:—Jan- uary, Justices Spaulding and Gross; February, Chief Justice Shea and Justice Joachimsen; March, Justices Gross and Curtis; April, Justices Curtis and Spaulding; May, Chief Justice Shea and Justice chimsen; September, Chief Justice Shea and Justice Curtis; October, Justices Gross and Tracy; November, Justices Joachimsen and Gross; Decem- ber, Chief Justice Shea and Justice Spauld: ng. ‘TRIAL TeRMS—Jury—Part 1,—January, Justice Spaulding; February, Justice Joachimsen; March, Justice Gross; April, Justice Curtis; May, ChiefJus- tice Shea; June, Justice Tracy; september, Jus- tice Curtis; October, Justice Grosa; November, Justice Joacht ; December, Justice Spaulding, Part 2.—Janua) Justice Gross; February, Chief Justice Shea; March, Justice Curtis; April, Justice Spaulding; May, Justice Joachimsen; June, Jus- tice Spau! ding; September, Chief Justice Shea; Oc- tober, Justice Tracy; November, Justice Gross; December, Uhief Justice Shea. Part Nae fag hd — January, Justice Joachimsen; February, Justice Tracy; March, Chief Justice Shea; April, Justice Tracy; May, Justice Gross; June, Justice Curtis; September, Justice Tracy; October, Justice Spauld- ing; November, Justice Curtis; December, Justice Joachimsen, SPECIAL TEnM—Issues of Law.—January, Chief Justice Shea; February, Justice Curtis; March, Jus- tice Tracy; Api il, Justice Joachimsen; May, Jus- tice Tracy; Jume, Chiet Justice Shea: October, Justice Joachimsen; November, Justice Spaulding; December, Justice Tracy. CHAMBERS AND LITIGATED MOTIONS.—January, Justice Tracy; February, Justice Gross; March, Justice Joachimsen; April, Chief Justice Shea; May, Justice Spaulding; June, Justice Gress; July, Justice Curtis; ‘August, dustice Spaulding; Sep- tember, Justice Joachimsen; October, Chief Justice Shea; Nevembor, Justice Tracy; December, Justice Curtis, Court opens at ten o'clock, ALEXANDER V, DAVIDSON, Clerk. oe The com- | The Appointment of John Foley as: Deputy Chamberlain. . Mr. Palmer Woa’t Recognize It—Mr.. Foley Says He Shall Be Recognized—How the Law Looks and What the Contestants Say—A Pretty Fight as it Stands. Quite a breeze blew yesterday morning in the Department ef Finance of this city in consequence of the appointment on the preceding day, by Comp- troller Green, of Mr. John Foley ag Deputy Cham- berlain, Of course, in the offices of the Comp troller, all was tranquil, though deeply interested, but in the oMce of the Chamberlain, which is le- Gally defined to be ‘a pureau of the Finance De- partment,” there was some little dismay and con- siderable chagrin, accompanied by Chamberlain Palmer's vigorous announcement that he would not recognize the appointment of Mr. Foley. Mr. Foley is @ member of the Committee ot Seventy, docs business at No. 2 Astor House, and ciaims to be the original reformer. Certainly he was the first man either in civil or official life te break .into the Tammany “Ring,” and this he did in 1869 by compelling that pirate crew, after a tedious and costly litigation, to grant him his cer. tiflcate of election as a Supervisor. Yesterday morning ‘MR, FOLEY CALLED AT THE OFFICE of the Chamberlain to assume charge of the duties of the position of Deputy Chamberiain.. This post- tion has been enjoyed—the salary is $10,000 a year— during Chamberlain Paimer’s incumbency of oMce by his nephew, Walter A. Palmer, of the Tenth National Bank, the Chamberlain being President of the Broadway National Bank. Mr. Palmer curtly declined to recognize Mr. Foley’s right to assume the office and denied the legality of the source of his appointment, Mr. Foley rigidly maintained the legality of hia appointment and his determination toexercise the functions pertaining thereto, and further informed the Chamberlain that in case he destred te resoré, to a legal test of the validity of the appointment he would be highly pleased to facilitate such a de- termination of the case by any means in his power. Meantime, however, he should occupy his post a@ Deputy Chamberlain daily. There was no aeri- mony exhibited by either of the gentlemen, merely Neder and prompt expressien of such reso- lution. A HERALD reports called on the Comptroller in reference to the appointment, but he declined, in @ very courteous way, to speak on the subjec probably because he doesn’t Know much about it Mr. Strakan, his legal adviser, who does under- stand the matter, very kindly furnished the follow- ing as the LEGISLATIVE BASIS OF HIS POSITION, extracted from the city charter of 1871:— Section 33, article 5, provides that “the Finance De. partment shall have control of all the fiscal concerns of i ce DORR NE ene ot she Spprepriations mace for car- Tying on the business o! je corporation,” &c. ‘Bu. 85, Aur 8.—the chist olfeer or the Finance De- partment ghail be called the Comptroller, &c, Section 37, article 5, enumerating the ‘various bureat comprised in the Finance Department, establishes (7) * bureau for the reception of all moneys paid Into the treasury of the city, and for the payment of money ot Warrants drawn by the Comptroller and countersigned by the Mayor, the chief offleer of which shall be call the ‘Chamberiain. Section 32 of article 4 of the resent city charter reade as follows:—“The heads of al Genarenenta except as otherwise specifically dircoted herein, shall have power to appoint and remove all chiefs of bureaus (except the Chamberlain), ag also all clerks, officers, employes and subordinates in their respective departments." The repealing clause of the charter, after enu- merating some exceptions, contains the usual paragraph, “All acts or parts of acts inconsistent with the provisions of this act are also hereby re- pealed.’’ These extracts embrace the main points upon which the legality of Mr. Foley’s appointment ig based, and they certainly look very conclusive. Mr. Strahan is already makin, reparations to sustain the appointment by a ti in the Courts. ‘The reporter called upon Chamber! Palmer st tite roatway Bank, and was info! is 100 in tl tnat he (Mr. Palmer) wes actin: rely a] he belie te eR his egal Take A r COn- sulting Judge Edmonds, his counsel, aor ” (Ser Beta 4 Or personal feeling in whe matter,” conti d the feeling @ matter,” continued tt Shimbertata “but if Tam responsiple for oitice and the proper conduct of affairs therett and as I am under bonds to the amount of $1,000, to guarantee it, I must be allowed to exercise some discretion in the matter. I am not a politician and have no interest in the matter beyond the proper discharge of my duties to the public. When I ape jointed my nephew my deputy I did so because § ‘new exactly who I was appointing and the measure of reliance I could place in him. He understands the duties of the position, and is well qualified, by education and profession, for it, as is demonstrated by the way he has elevated the condition of the Tenth National since he took hold of it. This measure 13 urged upon these people by a political necessity and not by the public requirements, ‘They would probably get rid of me if they could; but they don’t know how to accomplish it can find nothing upon which to base any charges whatever against me, and they think this will an- noy me. Oh, no! I cannot consent to be such measure, and shall contest it to the end, 1 think Judge Edmunds is A GOOD AUTHORITY. He bases Lat f right on the second section of chapter 623 of the Laws of 1866, entitled, ‘An act to re lute the finances of the city of New York,’ wi reads as follows :!— The banks in which such depostt shall be made shall pay, proportionately to the monthly balances in each, thé office rent of sald Chamberiain, the salaries, to bé fixed by him, of nis clerks and & Peputy Chamberlain, alt of whom the'said Chamberlain Sppointand dismiss. SiAbiabadatiisininaiied Subsequently the Lig called on Mr. Foley and found him, as usual, undisturbed and quietly engaged in his private ofiice, ery confidently of hls abliity to sh very confidently of his al ‘o show & legal right to the position, and said he had resolved te ‘igi it out on the same line that he fought the Super- visorship, He was sustained by the Mayor and the Comptroller in his effort, and the law was un- qualifiedly explicit as to the power of the Comp- troller to Make the appointment, Mr. Foley stated that he should attend at the Chamberiain’s office daily to the duties of the position of deputy. Ip answer to the question as to what he would do in the event of Mr. Palmer's nephew declining to sur- render or to permit him to occupy the office, Mr, Foley said he would attend to such an emergency when it presented itself, and im the event of clerks refusing to obey his instructions they would be dia- missed at once by a competent authority. It had been deemed necessary by Mayer Havemeyer and Mr. Green that he (Mr. Foley) should be appointed to the office in order to look to the public interests, and he was about to commence at once a sult against Chamberlain Palmer for the recovery of the interest due on public signers deposited by the Se niteane Le rere banks, tg By bets ot contrary to tl 8 eo | cunal 8 0 fd Peon Witheld abd ni the oiice, hy z wi st ore to - own bsed by Mr. Palmer, . ey | dently moans to be panee obatibérlald, and stated that hé was to meet Judge Edmundg thia morning to arrange #o that a case os inight be oo upon to be submitted at once ta tee General Term of the Supreme Court for its de- cisio! . Yesterday Mr. Palmer sent a communication to thé heads of all the departments informing them that he declined to recognize Mr. Foley's appoint ment, Later in the day the Mayor sent the following letter to Mr, Palmer :— Executive Department, Maron's Orrtce, ew Youx, Jan. 7, 1873, Sin—Your communication dated 6th instant, informing, me that you cannot recognize as legal or valid the ape pointment of Mr. Foley as Deputy Chamberlain, or have an Eransactions with hum in that capacity, has been re= cefved. Mr. Foley wag appointed Deputy Chamberlain with m fullapproval, after I had fully satisfied myself as to 3 necessity which existed for him being placed in that apa and of \ agg Stony ot nh Comptroller to make the appointment. ours respect i. VEMEYER, Mayor. To F, A. Pater, Esq., Chamberlain. MR, FOLEY WAS SWORN into office by Judge Barrett, of the Supreme Court, on Monday, bonds to the extent Of $200,000 required, Mr. Foley sent the bond to a friend te sign for $100,000, The document was Prmpty ree turned properly executed for $500,000, “friend’? is John 7, Daly, owner of that nearly completed magnificent hotel on Fifth avenue, over the whole block from Forty-#xth to Forty-seven street, known as the Windsor House, and one the honored members of the Committee of Seveaty. SUFFOCATED ON A CANALBOAT. An inquest was held at Tarrytown,’Westchester county, on Monday afternoon, by Corener Bassett, + touching the death of a German named William Doehne, which occurred under somewhat singular circumstances. Deceased was in charge of the canalboat William Harding, now lying near the Tarrytown gasworks, and not having made his ap- eral hours om Friday some parties Wout on fear” the boat to ook a The door of the cabin wag peat fastened on the inside, and, having becom fade open, Doehne was discovered tying, on os a ene a state of total unconsciousuess. The sto’ ; cain Gta tttticndy someated fe ich had evide: Baee Ar AlhoUgh medical aid was summoned, the r astate of msensibility until sunt Ay entom * verdict was rendered In ac cordance with the above facts. No relatives called to clatm the body wo to yesterday alternood