The New York Herald Newspaper, March 21, 1873, Page 3

THE VERMONT CENTRAL. NEW YORK HERALD, FRIDAY, MARCH 21, 1873—TRIPLE SHEET. ‘This Lora, Kochester, is a true and meneed and the number decided or ended, and in Cnincritiea aemosent Gna ip nis “heavy, sledge- what manner, during the past six months." WASHINGTON. . g | Dammer way, deals many a crushing blow at the 8 In article 7, “of the Police Department,” in present occas presen tay iicana were. gosler than pedis BIN ke Teopector of Beract Cleaning is requized 40 “Ble Wasurnctox, March 20, 1872 | Developments Touching Railroad M: 4 . on Tuesday, when Johnson warmed them on with the Comptroller, narterly, # statement under The Caldwell Case jevelop: “ ited ae ‘anagemen| The City Charter at Last Re-| ie wuelon down audtotenerhim vy pons |The Senate Committees | fire or salary aud compensation, that were, eu | was resumed to-day in the Sonate, Tue debate | fm edeigcascspasieresetteoe vagal dahl e ity a) as e- of order, at first, but all such little affairs were as Amendments. ployed during each day of the preeeding quafter, | was opened by Hamilton, from Maryland, who de- the Complaint Against the Trustees and to keep and preserve regular pay rolls, which shall be open to reasonable public inspection.’” ‘The number of surgeons of police are increased from eight twenty-two, one of whom is to be designated Chief Surgeon.” In article 8, “of the Department of Public Works,” the Mayor and Comptroiler are united with the Commissioner of Public Works in the duty of making contracts with gas companies for lighting the city, and such centracts are limited to one year. ‘ihe approval of the Mayor, Comptreller and Chief Engineer of the Croton Aqueduct is re- nothing to him, Like injunctions againt Erie dur- ing Fisk’s day, they were not nwed to interfere with legitimate business. He stood to his speech as calmly as a pilot at his wheel in fair weather against questions of order from the opposition, nd never inched, even when Governor Robin- son inertly decided him to be out of order entirely. He was determined to be heard, and as the hour of dinner was nearing Senators saw finaliy that they would get through sooner if they let this deter- mined Lord have his own way. The following is THE RESOLUTION, and Directorsof the V.C. and V. and C, Railroads—Rulings of Chancellor Redfield. nied the legality of Morton’s resolution, but favored the expulsion of Caldwell. He impreved the opportunity by quotations {rem the history of ancient Rome, in which he found a parallel case to that of Oakes Ames. After him Conkling drew forth his thunderbolts of yaw and rhetoric and blazed away with unabated glow for two heurs longer in defence of the Kansas corruptionist. ' ported in the Senate. The Board of Assistant Aldermen Retained. WHY THE CUSTOM HOUSE YIELDED. Sr. ALBANS, Vt., March 20, 1873, In the matter of the people of Vermont vs. Tha Trustees and Managers of the Vermont Central an& Vermont and Canada Railroad the testimony was Decision in the Cogswell-Oakley Case ‘THE APPOINTING POWER. in Favor of Oakley. Bergh’s Bill Defeated in the Assembly. Lord’s Resolutions Denouncing the Congressional Grab. Debate in the House on the Bill Exempting Bonds and Mortgages from Taxation. THE BILL KILLED FOR THIS SESSION. ALBANY, March 20, 1873, THE CHARTER REPORTED, . The report of the Committee on Cities of the Sen- ate this morning on the charter was not a surprise toanybody, The growls in committee during the past week and the all night fight on Thursday night were to every mind strong evidence that the Custom House party had at last been compelled to give way to Thuriow Weed’s “suggestions,” not to say anything about the rumbling of the popular voice in New York which had made itself heard in no unmistakable tones against the passage of the bill im the shape it had left the Assembly. It is the general belief that no material changes will here- after be made in the bill, and that it will be passed as itnow stands. It will be printed andon the files of members on Tuesday, and doubtless by Friday next it will have reached the Governor, Still, 50 far as the disputed question of THE APPOINTING POWER is concerned, it cannot be said to be a triumph for Mayor Havemeyer and the Committee of Seventy so long as Messrs, Vance and Wade have the pre- ponderance of votes in the triumvirate of appoint- ment makers constituted by the bill, notwithstand.- ing the evidently impracticable clause to the effect “that the Mayor shall have a controlling voice therein.”” The “ring” that has been s0 often spoken of can certainly be more easily formed than in the old sec- tion, where eight dubious Aldermen were required to make the “ring” a perfect circle. So far as .“nor-partisanship” is concerned, no charge of that kind.can pre vail against the present status of the = t‘eventh section, a8 the three appointment Makers actually comprise representatives of the two prominent parties, provided you count in Haveme yer as a uemocrat. any one will tell him positively whether Mayor Havem eyer 1s a democrat or a republican he will Jeara something he docsn’t know at present.” At any rate, EATON AND DAVENPORT both seemed pleased at their respective success in the conduct of the charter campaign, and wnen these differ ing champions are eacn pleased it may sately be said that the section is open to objection, Eaton nas undoubtedly achieved a triumph in se- curing his whole batch of amendments. Tuesday night will probably be a field @ccasion in the Senate. Leading orators of both parties are getting ready for the fray, and undoubtedly the “ eloquence of Johnson, Benedict, Woodin, Weis- mann and Lord will make the rhetorical soul of George Clinton’s picture weep, and probably cause the sensitive Davenport to swoon, if.he bas the courage to be present. A FAMOUS CASE DECIDED. ‘The famous case of Cogswell vs. Uakley has at last been decided. It will be remembered that shortly after the election last November in the Second district of Queens county Cogswell ran as a repuvlican candidate for Assembly against Mr. Oakley, 2 democrat, who was a member last year and the year previous. Queens county went re- publican, but Oakley, whois very popular in the county, was elected, even though he did run on the opposition ticket. This fact seemed to Cogswell roof strong as Holy Writ that Oakiey ought to have Been among the dead men of the day, and, having a@great deai of party confidence in an Assembly ith @ two-thirds republican majority, he deter- mined tomake Oakley go where the woodbine twineth in Queens county. He went about his de- lightful task by petitioning the Assembly to look into the way Oakley was elected, and, in pursuance of the request, the _ petition ‘was referred to the Committee on Privileges and Elections, with authority te investigate Cogswell’s grievances. The committee went to New York some time ago and took a large amount of testi- mony in the case, and on their return to Albany subpenaed, at the request of Cogswell, several citizens of Queens couniy, Whose testimony, it was believed by the ambitions plaintiff in the action, would ee him great consolation, and probably secure for him A SEAT AMONG THE LAW MAKERS ofthis great State of ours. Well, to make a long story short, the committee worked for weeks to fiad out just where the claims of Cogswell were borne out by the facts, and finally have come to the conclusion that Cogswell has not made out anything like a decent case tor him- self. On the contrary, he made a very good case for Oakley, although rob- atly he didn’t know what he was doing when he was about it. The committee had ameet- ing to-day and discussed the question at issue in allits aspects. It became evident that all the members were of one opinion about the matter, but in order to make assurance doubly sure @ mo- tion was made that the inspectors ot election sheuld be summoned to show what they knew per- sonally of the contest in the district at the election. This peculiar move was riddied to pieces by one of the members of the committee, who very justly re- masked that {1 Mr. Cogswell had been unable to mage out a case for himself it was the height of folly to ask Mr. Oakley to make out one for him. A ‘vote by bailot was then taken as to whether the committee should report to the House that the contestant had made out a good case, and the re- sult was ‘A UNANIMOUS VOTE IN THE NEGATIVE. ‘Thig Qoanimity of the committee one would think ought; to satisfy Mr. Cogswell that wken he runs against Oakley the next time he has got to get more votes than his opponent in order to beat him, and that setting up a hue and cry of fraud will not always lead 40 success even with legis- ors politically of his own stripe. Still we all know that contestants jor seats in Jegislative bode good or false grounds, never fail to get paid legal expenses incurred in the,contest, Cogswell-will doubtless get his little bill through Mil right, and then it 18 to be hoped we will have heard the Jast of this, the only contested case this year, Which has occupied so much valuable time of an iinportant committee and thrown demecrats and republicans in Queens county into spasms of Political ageny for months. BERGH’S BILL. Bergh’s bitl.was kiiled this afternoon to the As- sembly. A mption to reconsider the vote by which it Was lost, Peer mevaled, and tke motion was laid on the tabie, demecrats being in italics) is THR VOTE. Avns—Messers. Atberget, Babcoc! Rrewer, Clapp, Clarke, Ghivcre mck, Herrise, Winans, eos" wanes Der ime, Higgins, J. 5, e, Thusted, en Kuettlen, Mackin, Maeey, McQuedn, Moore, Nor Pell, pertcousy, Prince, Rice, Rowe, Ryan, Spe in, sylvester, Vun Cott, Voorhis, Walker, Werd, Whalen, A. Wight, N. 4. White, Yeowans, Young—5 52, Nays—Mesgrs. “Abbott, Waltz, Bizlin, Biaekie, Blesring, E. ¥, Brown,J. H. Brown, Burritt, oe shadl, Costello, eng randall, iterys Cle , Dovohue, Eating. Fish, Yoote, Ford, Fowler, ‘Furbeck, gots rith, Mardy, Herrick) J. D. Hiller, Hollister, feild, Lincein, Lynde, Manley, Mosher, ay, ley. O'brien, Persons, Philips, Puilpot, Pierson, Ray,’ Raynor, foche, Be . Smith, Suydam, Teitt, Fo mpkine, Towteond vie penarke a’ L Van basen W. o Van D Van Valkenpurgh, Vedder, Watt, Wells, Wool 98. AnskNT—Messrs. Beebe, Bulkley, Burns, Camphell, Cowhue, Cook, Dexter, Healey, Wendee, Hill, Johneom, Le wis, MeGisre, Paterson, sayder, Sneart, Tobey, Worth—Is. THE SENATE. Among the bills introduced in the Senate to-day Was one by Senator Weismann incorporating” Avraham S, Hewitt and a uunber of other New York gentiemen into the “International Tru id Investment Company of the Unite under which impressive cognomen these gentlemen wish to do a littie real estate and com- Mission business, Senator Harrower introduced a bill to amend the Militia law by compelling enlisted men to serve seven years, except in cases of disapility, and to relieve commissioned oMicers trem jury duty alone, and not from taxation. THE GREAT DISCUSSION OF THE DAY, however, was on the following resoiution, intro- duced by Senator Lord, of Rochester, seme weeks x0, aad whieh Pe culled up for consideration to- Woodin says “that if he lollowing (the names of 4 B B \- ol Ssreh eam, Whereas the late Congress, in the last hour of its ses- sion, passed a law increasing the salary of the President from $25,00) to $50,000 a year, and thé salaries of mem- bers of Congress from $5,000 to $7, year, and made it applicable to their term ‘of two Years which had Just ex- red, thereby enabling each member to take from the reasury the sum of in addition to the salary pro- Yided by law, under wiuch thelr services were rendered ; fo) Resolved Gf the Assembly concur), That vhis a ture, im the name of the people of the whole State, di nounce the said act as a corrupt outrage upon the rights of the people now overburdened with grinding ad op- pressive taxation, a gross abuse of public trust and a Violation of deceney and intexrity. Resolved, That our Representatives in Congress be and they are hereby requested, and our Senators instructed, to use their best efforts to procure the prompt repeal of said law at the first opportunity that may be offered. SOFTENING IT DOWN. Senator Woodin moved to amend by striking out the part relative to the President and his salary, which was carried by the following vote, the names cc oe A ae ane and liberal republicans being cised -— Baker, Benedich , Bowen, Dijinem, ieGowan, , Palwer, Berry, . Wood and Wocdin-15. theld, Foster, Harrower, Johnson, ‘TNenann—9. AMENDED AND ADOPTED. Se] Sr D. P. Wood then meved to strike out the wor! + grinding and soneaeares “and a violation of decency and integrity,” which was also carried by a@ strict party vote. The resolution, as ttus amended, was adopted without a dissenting voice. In the Senate to-night the bill to establish A MUNICIPAL COURT in the city of New York in place of the Marine Court was discussed in the Committee of the Whole, Senator Woodin favored it as doing away with a long array of uscless clerks and hangers-on, and substituting an economical court that may be kept aloof from the influence of politics by the reason of the judge being appointed instead of elected. Senators Weismann and Tiemann opposed it, the latter on the ground thatit was putting one devil out and seven devils in. Finally, a8 Senator O'Brien was absent and had desired to be heard on the question the bill was progressed. THE MEMORY OF THE GREAT, The bill naming Robert R. Livingston as the second distinguished man of whom # statue had been presented to the Capito! at Washington was discussed at some length, Senator Palmer propos- ing to subititute the name of General Philip Schuy- ler. Benedict championed Livingston, and callin; readaily mn his memory, recounted the history o! that distinguished revolutionary hero, Mr. James Wood suggested the name of General James A, Wadswort one of the political brigadiers of the late outbreak, but it) was voted down. Senator Woodin named Professor Morse, but it was also lest. Senator Lewis sug- gested the name of “Red Jacket,” which was car- ried by a viva voce vote, but on the suggestion of Senator Benediet that “Red Jacket” was net a citizen of the United States the vote was recon- sidered and lost. The motion of Senator Palmer to msert the name of General Schuyler was thereupon carried, but on a recon- sideration the name of Livingston was reinserted and thus remains, The bill was progressed. EXEMPTION OF BONDS AND MORTGAGES. The question of exempting bonds and mortgages from taxation was the ‘special order” attraction in the Lower House this evening. The discussion was a very interesting one, Messrs. Jacobs & Voor- his being the mos® prominent advocates of the ex- empt idea. Mr. Voorhis made a vigorous speech in ADVOCACY OF THE MEASURE. Bonds and mortgages, he said, should be exempt from taxation, ior the following reasons:—First, because within five years the additional taxable property, by way of improvements upon real estate, would equal the amount of exempted mort- gages. To il{§trate:—The personal property as- sessed was $447,000,000 in round numbers. Now, to ascertain What amount of that 18 assessed as bonds and mortgages we must ascertain how much personal property we can find aside from bonds and mortgages. He then weat ou:—I give the Lien, as an approximate estimate, say $112,959,000 National Bank capital; State banks, $16,999,000; surplus, $41,536,000; surplus, $9, ry fire and marine insurance cap! tal, $28,006,000; gas companies, $10,000,000. Ail this is taxed as individual property. The railroad personal propersy: is rated at $47,000,000; express companies, $17,000,000; trans- peean and navigation companies, $32,500,000, miscellancous property taxable, as estimated 37,400, 080. Tl in 1868, was ‘he above esti- mates were all made 1868, except the national and State banks’ capitals, which are = takew the Bank Department. It is proper © the above estimates, made in 1869, thirty per cent for incroaca in five years, This will give us a sum total of $385,000, which, de- ducted trom the $447,000,000 personal tax for ‘last year, leaves us a balance of $62,000,000, which we assume to be bonds and mortgages now taxable. If this amount 1s exempted from taxation it woula add to the tax on a farm assessed at $5,000 about four dollars and fiity cents. Now by exempting bonds and mortgages the amount of extra capital within five years would be more than $62,000,000. The advan' would be three- fold:—First, the improvement of real estate; second, the employment ef mechanical labor; and, third, the money left in the State for other bust- .hess purposes, But let us come to the merits of the case and I assert that there is no property in a bond and mortgage; that, in fact, the property’ is in the real estate alone. Let me illustrate. ‘A CASE IN POINT, I purchased a house and lot in Westchester county for $5,000 and held it for about four years. A friend of mine occupied it with an agree- ment to purchase at the price first named, Now, during the four years that I held it by dee my friend aid me interest on the $5,000 and paid the tax, but I was not ta: on my deed. About two years ago I deeded the baits A to my friend for $5,000, and I received a nd and mortgage for the whole amount, since which time my friend has paid tax on the property and I have paid tax on the mortgage. Now, why should I pay tax on the mortgage and not on the deed? In both cases the only property represented were the Bouse and lot. The deed is not preperty, neither is the mortgage. If the one pays tax so should the other, for I held the property in both cases, The case is plain; there is but $5,000 worth of propefty and yet my friend is taxed and I am also taxed, making big! on ten thousand where there is but five; and this principie will hold pies in every case where mort; 3 are held. Therefore I reassert that we must in justice eltherexempt mortgages or we must at once tax every man’s deed as well as his real estate, for property is held as much by the one instrument as the other, If we deternine that there is property in the mortgage we must surely by the same reasoning determine that there is property in the deed. Con- sequently if ve determine to tax either we must be just and tac both, THE BILL DEFEATED. A vote to wntirm the operation of the law to certain counies and not to the whole state was taken on thc ose of the discussion, and was lost by a vove of 4/ to 73, ‘The final vote on the passage OF the biil resilted as follows :— THE VOTE. Yeas—Mesers Abbott, Alberger, Beebe, Biglin, Blackie, Blessing, Biunenthal, Burns, Campbell, Clapp, Clark, Cochue, Cook, Jornell, Crary, Cu ering, Den’ niston, Donohit, Fort, Hayes, He: Jey, Herring, Higgitis, J. B.filiyer, Husted, Jacobs, Marcy, Norton Oukley,’ Opdye, Pell, Person, Prince, Roche, Rya Smith, Suydan, Van Valkenburgh, Voorhles, Watt, Weed; est, Whalen, Wight, Woodsworth—4s. Navs—Mewsri Bab Hadger, Batcheller, Brewer, .E. E. Brown, J H. Brown, Bulkley, Burritt, Carpenter, Cougeshall, Ope, Costello, Couchman, Crandell, Craw: ford, Davidsoy kiting, Fish, Flinn, Foote, Ford Fowler, Farleck, Ger Gilbett, Goss Griffin, Hardy, Hardee Herrick, Hill, D. Hiller, Hollister, Johnson, Kenmedy, Knettles, Laditeld, Lewis, Lincoln, Lynde, Mackin, Marley, MeGtre, Moore, Mosher, O'Brien, Pierson, Phil: lips, Philpot, tarteons, Ray, Raynor, Rice, Rose, Schoon- maker, Snyer, Speaker Stewart, Swain, Sylvester, emt, obey, Fompking, Pownsend, van’ Deinark, At: andusen, andusen, Ve Ww a 1 Ne White, Yebmas and Young—fa. 1” WAIK@¥ Wells, B. A. An attemt was made to have the vote recon- sidered, butt was voted dewn, So the bill is now deader tham door nati. EIGTH AVENUF RAILROAD FARES. Mr. Deeriy endeavored this eventng to get the bill compeihg the Eighth Avenue Railroad Com- pany to chage six cents fare only to Manhattan- » Come fummisn ry De nnise yille insted of eight cents recommitted to the hilroad Committee; but he got a severe dverhauling all’ round, and his little game was defeated, He said past ti tnents were in favor of the bill. The or labore} who work on the beulevards, who ave to paylve cents fare (rom any street below Filty-ninth treet to Filty-ninth street and tive eenta extrafor even @ block above that, have an interest in us bill, So have all the poor people ‘who are oliged to travel over the line. r. Deering’s tader golieitude jor the company’s wel- \dare Jooks riner suspicions. THE RIE INVESTIGATING COMMITTEE. Mr. Wrigt of Westchester, a viear-headed and thoroughly ipright member of the Assembly, hag been int & member of the Erte Committee instead of Mr. Op- dyke, whe in a@ letter to the Speaker to-day, askd to wishdraw from the committee on the groundthat a member of the law firm he is connected th had been employed as one of the counsel in case. Mr. Opdyke in this mater has shown It good sense by not following the ex- ample ofexpeaker Smith, who last year showed pe cule oF the Erie question hy en- asa Jawyer eee inset y Sad to act upon ————————_____ EAKE OIT ARK, NEARLY DESTROYED. CINCINNATI, Ohio, March 20, 1973, Asdespatcto the Chronicle states that Lake City,\Chicotjounty, Arkat was partially de- The Real Patronage Vested in the Mayor and the Presidents of the Two Aldermanic Boards. The amendments made by the Senate Committee on Cities to the New York charter passed by the Assembly refer principally to the retention of the Board ef Assistant Aldermen and to the appeint- ing power. They are as follows:— Article 20f the Assembly bill is made to read as follow: % ARTICLE 11, Sxet10n 2.—The legislative powers of the said corpora- tion shall continue to be vested in a Board of Aldermen and 4 Board of Assistant Aldermen, who together shall form the Common Council of the city of New York. Sxc. 3.—The Board of Aldermen shall consist of fifteen panthers to be elected upon a general ticket trom the ry Ske. 4—The Board of Assistant Aldermeg, shall consist gfone Assistant Alderman to be clected in é&ch Assembly ic . Sec. 6.—Such Aldermen and Assistant Aldermen shall be elected as hereinafter provided. &xc. 6.—The Bourd of Aldermen now in office shall hold office until the expiration of the term for whic they were elected, on the first Monday of January, whi will be im the year 1875; and the Board of Assistant Alder- hold office until the expiration of the term tor jay tn January, year 1s74, “There shall be Aldermen elected the general election to be held in the cit county of New in November, 1874, und every two years there: the general election in November of such ye shall take office at noon on the first Monday in in ‘the “year following thelr election ‘There Assistant Aldermen elected at the gereral election to be held in the city and county of New York in November, 17H, ahd Annually at every succeeding yeneral election, who shall take ‘office at noan on the first Monday of Jan* Wary in each ang evory yoar following their clection,, In case a vacancy shall occur im either the Board of Alder. men or the Board of Assistant Aldermen It shall be tilled by the Boafd in which such vacancy shall arise by a they were elected, on the first Mond: be in the at which | will York vote of a majority of all the members elected to said Bourd, and the person so chosen to fill any such vacancy shall serve until the first oa ot Jani at noon next succeeding the next general election su ding the occurrence of @ vacancy, and if any person shall have been so appointed an Alderman there shall at such an election be an Alderman elected to serve for the remain- der of the unexpired term. But in no case shall any per+ son appointed as above provided serve after the expira- tion of the term in which the vacancy shall occur, All the provisions of law relating to general elections in the city of New York, so far as they are applicable in respi to the manner of conducting elections and the canvass ‘and estimate of votes, shall apply to every elec Aldermen and Assistant Aldermen, save that so section 4of chapter 675 of the Laws of 1872 asin any manner requires the names of the perrons designated for Aldermen to be on a separate ballot to be endorsed “City, No. 6,” or be deposited in box number six, is hereby re- pealed, ; kc. 7.—The Boards shall meet in separate chambers, and u majority of euch shall constitute « quorum, but the Comptroller, the Commissioner of Public Works, the Cor- poration Counsel and the President of each department shall be entitled to seats in each Board, and shall have the right to participate in the discussions of each Board, but in nowise shall be considered as members of either Bourd, and shall not nave the: right to vote in elther ard, Sxc, '8—Each Board shall :— 1, Choose a president trom its own members by a call ofthe names of the members of the Board, upon which call each member shall announce ‘his choice, and, when once chosen, he can be removed before the expiration of hls term as Alderman or Assistant Alderman only by a vote taken by a call of yeas and nays, of tour-tifths of all the membe the Board of which he shall have been chosen Pres- ident; provided, nowever, that the persom who at the men was chosen President of said Board, and the who ator about the time of the organization of ron he ex- of said Board, shall each of them hold the office of Pres- ident of the Board ot which Alderman. 2 Appoint a clerk and other officers. 8. Determine the rules of its own proceedings. view of any Court of competent furisdiction, 5. Keep a Journal of its proceedings, 6. Sit with open doors. 7. Have the aathority to compel the attendance of ab- sent members and to punish its meibers for disorderly and to expel any member with the concur- rence of two-thirds of the members elected to the Board; but no Alderman or Assistant Alderman shall sit or act behavior, as a magistrate in any judicial matter or proceeding. The remaining sections of article 11 are amended so a8 to refer to the two Boards of the Common Council, instead of to the Board of Aldermen alone. ‘The leasing of any real estate or franchise be- longing to tne city, as well as any ordinance or res- olution involving the expenditure of money or the laying of an assessment, is made to require a three- fourths vote of all the members elected to each Board. The aggregate amount of salaries paid by the Board of Assistant Aldermen, including the salary of the Clerk, 18 limited to $15,000 a year. The Comptroller is required to deposit bound copies of the City Record in the offices of the Register of Records, County Clerk and Clerk of the Common Council, and copies of the contents, or any part thereof, certified by the Register, are to be received in judicial proceedings as prima sacie evidence of the contents thereof. THE APPOINTING POWER. Section 27 (late section 25) is as follows:— 8x0. 27.—The Mayor shall nominate to the Board of Al- dermen the headsof all departments and all commis. Sioners (uve Commissioners of Public Instruction). as well as all members of any board or commission author- ized to superintend the ercctien or repair of any buildin belonging to or to be paid for by the city. whether named in any law or appointed by any local authority, all members of any other focui board, and ali cers not elected by the people whose’ a his net excepted or otherwise pr dot Aldermen, within five days from the day of t of the nomination to them by the Mayor of any pe Son oF persons to fill aay office or offices which by this act the Mayor shuall be empowered to nominate a person or pérsons for, shal! confirm any such nomination, the person so hominated shall be appoiited to fill the oMce for whicu he shail have been so nominated and conti shall tail, neglect or refuse, within lesignated, to nominate te the Board il any office or powered to nom. inate @ person Or persons for, or Whenever the Board of Aldermen shull not within five days from the day of the date of the nomination by the Mayor of any person or Fd and also ther off- polntinent is not ded for. Itt persons as hezein provided, confiran such tomination oF hominations by @ vote of a majority of all the. members clected ta raid Board of Aldermen, the Mavor, the Pres. dent of the Hoard of Ald amp and the President ot the Board of Assistant Alde shall, within three days thereafter. meet together at a time and place to designated and agreed upon by ut least, @ majority of sald three persons and at such time and place (and from day to day and on each day thereafter until the office or offices for which any person or persons shall have been nominated by the Mayor and not confirmed by the Board of Aldermen, or for which the Mayor shall have failed or refused to make a nomination shall have been fillea by them a» herein provided) shall by a vote of # majority of the sald three persons proceed to name, desiynate and appoint a person or persons to fill the office or offices to which nomination or nominations shall as herein pro- vided have been made by the Mayor and not confirmed by the Board of Aldermen or to which the Mayor shall have failed or retused to make a nowination. ut no appointment shall at any time be made under the pro- visions of this act by the said Mayor, the President of the Board of Aldermen and the President of the Bourd of As. sistant Aldermen, un! the said three persons shall at the time in Attendaace and present; provided, how- ever, thatif atany time amy one ot the said thrce per- sons shall be absent from any meeting held tor the pur- pose of making any appointment or appointments, a written notice, stating the hour and place of mecting tor the next preceding three days and signed by majority of the said’ three persons, shall” be personally served upon the person who shail have 40 wen absent, or lett at h a! place of residence, ‘any such person shall t fter be ings so designated for a period of two of said designated days consecutively, it shall he lawful for the two of said three persons who shall, on the said third designated day, be present at any such'desiguated meeting to proceed to make any and all appointments which, by the provisions of this act. a majority. of said three persons are herein authorized tomake. Every head of department and per- son in this section named, except as herein otherwise Provided, shall hold his’ oitice tor the term years and: in each case unti! person Appointed in his place. The terms of all such heads of departments those first appointed shall comr February, but the heads of departments a appointed after the passage of (is herein otherwise expressly provided two, four and ‘six years resvectively. pers Appointed shall take ofce on the expiragion of of ome of the preseat Incumbents, a4 hereinaRer pro: vided, and shall hold their offices until the Ist day of February, in the vear in which itis herein provided that bsent irom the meet- their respective terms shall expire. All nominatiens fo any office or offices which ‘by this act the Mayor is authorized or ¢mpoweréd to nominate ® person or persons for in place of any pres- ent incambent or incumbents, shall be made to the Hoard of Aldermen within twenty days after the passage of this act, and any such nomination or nomina- tions to fill any vacaney Which shail hereaiter occur by Teaton of the expiration of the term of ofllee of any officer, or from any other cause, and which shail not ve created by mnything in this act providing for the termi- nation of the term of office of any officer or person now in office, shall be made to the Hoard of Aldermen within twenty days from the day of the date of any such vacancy, and aity person who shall be mppointed to Al! any such vacancy shail hold his office for the unexpired term of lis redecessor. The Mayor may be removed from office by he Governor in the saine manner as Sherifis, except thit the Governor may direct the inquiry provided by law to be conducted by the Attoruey General, and atter charges have been received by the Governor he may; pending the iMvestivacion, suspend the Mayor for a period not exceed- ing thirty days. The heads of departments, and all other ercons Whose appointment ix in Unis section provided for, may be removed by the Mayor at pleasure however, before auch removal shall take @ appreval of the Gow fayor shall, in all enses, communicate to the Governor, in wwii . his reasons for such removal. Whenever & removal is so effected the Mayor shall, uvon the demand of the offwer so removed, make @ public statement of the reasons (wretor. Ne officer so removed shall be again Sppotnte to the same office durimg the same term of office, In. articl@ 6, “of the Law Department,” there is added to séction 40 (section 38 of the Assemoly stroved by ainoendiary fire on the J4th inst. §| siores, the a Oftice and twenty dwellings wer consumed, 988 over $40,000, on which there is very jivtle imrance. bill) the jollowing:—"The counsel te the Corpora- ten shall qnce in six months report to the Comp. troiler the nanses of parties to and thé objects of all suits pending WO lis department, when com time of the organization of the existing Board of Alder- isting Board of Assistant Aldermen was chosen President he was so chosen President nul the expiration of the term of office for whleh re- spectively they were elected an Alderman and Assistant 4 Be the judge of the elections, returns and qualifica- tions of its own members; subject, however, to the re- quired as to the description of water meters to be used in places where water is furnished fer business consumption, In article 9, “of the Department of Public Chari- ties and Correction,” the anti-sectarian appropria- tion section is limited to relivious or denomina- tional schools, the words “er institutions” being stricken out, thus leaving the question of aid to charitable institutiens, such as hospitals, asylums, &c., aD open one, In article 10, “of the Fire Department," it is pro- vided that any funds collected from subordinates shall be deposited in a trust fund to be created and called “the Firemen’s Life Insurance Fund.” In article 11, “of the Health Department,” the clause cepowering the Board of Health te pre- scribe the manner in which the Coroners shall per- form their duties is stricken out. The Board is empowered to appoint an attorney at o salary not exceeding $2,500 a year. Article 18, ‘of the Department of Builaings,” is altered to the following shape :— Sxc. 90.—Thore shall be a dep: ment of Buildings, which shall be wi ® board of three persons, who shall be known as the “Commissioners of Buildings,” one of whom. at least, shall be an architect or practical builder of skill and ex- perience. The Commissioners shall appoint as the chief exceutive officer of the Department @ person who shall have been for at least ton years an architect or builder, who shal be known as the “Surveyor of Buildings.” Sec. 91.—Whenever, in any act, the words “Depart: ment for the Survey and Inspection of Building “surveyor of Buildings” shall occur, applicable to the city ot New York, the same shall be taken to mean the Department of Buildings and the Superintendent of Bullding herein authorized.” The Deputy Superintendent referred to in said act or acts shall be taken to mean the “Deputy Surveyor.’ All discretionary powers by said act or acts now conferred upon the Superintendent of Buildings shall be exercised by the Surveyor or Deputy Surveyors, eubject to the approval of said Commissioners of Buildings, The alterations under the General Provisions are mainly as follows ;— It is made a misdemeanor when any public ofMicer, by gross or culpable neglect ef duty, allows Ln of the public property to be lost to the city, ny officer receiving any fees, perquisites, com- missions or percentages, or granting any licenses, is required to make a weekly detailed return under oath, in such form asthe Comptroller shall prescribe, stating When and from whom and for what such moneys were received. The bribery section is made more stringent by verbal amendments. It ismade a misdemeanor to give any consideration for appoimtment or employ- ment under the city government. The Commissioners of Accounts are to be the President of the Department of Taxes and Assess- ments, and two persons appointed by the Mayor, The two appointed Commissioners are to receive salaries not exceeding three thousand dollars each, Any five citizens who are taxpayers are author- ized to apply jor the summary examination of a public officer before the Supreme Court. The Corporation Counsel and the Cemmissioner of Public Works are united with the Mayor in ap- pointment of a person to supervise the preparation and publication of the city record and in Oxing the compensation. The city advertising, to be published in the Eng- lish city journals, is to be given te “two ees and two evening papers published in the Englis' language,’ instead of to the four daily papers hav- ing the largest circulation, in contracts, ten per cent is to be withheld until the cdémpletion of the contract, instead of twenty per cent. The clause providing against the laying of any patented pavement or the purchase of any pat- ented article, except under sach circumstances that there can be a fair and reasonable opportu- nity for competition, is stricken out. Alterations are made in the following salaries :— Mayor, $12,000 instead of $15,000, Seep roller $10,000 instead of $12,000, President of Police Board, $8,000 Instead ef $9,000, Other Commissioners of Pelice, $6,000 instead of $6,500. President of Park Department, $6,500 instead of 7,8 Fire Commissioners, other than President, $5,000 instead of $6,000, President of Charities and Corrections, $6,500 instead of $7,500, President of Health Department, $6,500 instead of $7,500, a of Board of Aldermen, $5,000 instead of 6, President of Department of Taxes and Cor- rections, $6,500 instead of $7,500, President of the Departisent of Docks, $6,500, instead of $7,500, suyveyor of Buildings, $4,000. missioners of Buildings ether than the Presi- dent, $2,000; and President, $3, The salary of the Superintemdent of Poli¢e is limited so as not to exceed $10,000, The clause forming 2 commission to frame char- ter amendments Is stricken out. The term of ofice of the present oficials is ended on May 1, 1873. The ordinances of the Commen Council in force April 1 are continued, subject te amendment, qual- lication or repeal. IMPORTANT ARMY ORDERS, + Wasuinoton, D. C., March 20, 1573. The following General Order wus issued trem the War Department to-day :— No. 82—The practice which has prevailed to con- siderable extent of army oficers viritiag and re- maining at the seat of government during sessions of Congress, with the view of influencing legislation upon military affairs concerning the | whole army, and which have been or j can be brought proper! to the atten- tion of Congress only y the President, Secretary of War or the General of the Army, has become a serious evil, highly detrimental te the public service and disrespectiul to autherity. Sach action op the part of army oMcers not only con- sumes, but is @ task upon the time of members of Congress, causing them embarrassment and hin- ate 4 necessary legislation, of which they justly complain, amd tnjures the army in public Splnion, The advantages, if any, to the individual cannot counteract the disadvantage te the service. Jt_is therefore ordered that mo officer, either active or retired, shall directly or indtreetly, with- out being called upen by the proper authority, solicit, suggest or recommend actien by members of Congress fer or against military affairs. The foregeing 18 not intended to preciude oMicers from iliustrating or expounding a measure before Congress which may have received the favor or sanction of the President, Secretary of War or General of the Army. The experience of officers, when 80 used, is and will be viewed as valuavle. Second—All petitions to Congress by officers rela- tive te subjects of a athe character will be for- warded through the General of the Army aud Sec- retary of War for their action and transmittal. Third—An officer visiting the seat of government during @ ae kh Beas session will, upon his arri- val, register his name at the Adjutant General's office, a8 now required, and, in additien to his address, @ letter to the Adjutant General of the Army, reciting the purpose ef and time that will be embraced in his visit, and the authority under which he is absent frem his command or station, The purpose or ebject so irate will be the strict guide of the oficer during lis stay. By order of the Secretary of War, E. D. TOWNSEND, Adjutant General, Majer 0. E. Babcock, Corps of Engineers, has been ordered to procecd to Cape Ann, Mass., on public business, asd upon the completion of the same will returm to this city; Major Seventh cavalry, has been granted one year's leave of absence; Post Captain David White has ae to duty in the Department of the Lewis Merrill, NAVAL ORDERS. Lieutenant Charies Belknap, ordered to the Hydrographic Ofice, Washington ; Lieutenant Com- mander Francis fH. Shepard, from the Pensacola Navy Yard and placed on waiting orders; Lieu- tenant Commander Charles Hadley, from the naval station at League Island and placed on waiting orders; Liewterant H. McKeene, frem, the Boston Navy Yard and placed on wait- ing’ orders; Lieutenant F. P. Mordan, from the Vermont to the Juniata; Masters Louis R. Chester, from the naval station at jecee Island; W. P. Forant, trom the Pawnee ; Medical Lewis B. Hunter, from the Naval Asylum at Phila- delphia, and William Johnson and Geor, froin duty a8 members of the Retiring placed on waiting orders; Pettit, from the Naval Asylum at Philadelphia, on the Ist Of April, and ordered to settle accounts Wait orders; Pay the Naval Asylum at Philadelphia. Directors Maulsby, ‘oard, and Pay Director Robert nd Director R. H. Clark, ordered to SALT LAKE, « Sat Lake Cry, March, 20, 1873, The wife of United States Senator Logan ieft here to-day fer the East with the remains of her father, Captain Cunningham, There was @ run this morning om the First National Bank and much excitement in conse- quence, but ali the demands were promptly paid, and before the closing of the concern public conf. dence in {ts solveney was fully restered, the bank having, it was understood, a cash surplus of toes h P nearly Letters from parties in London express much concern in Ly oe to the management of minin, property in U) that the English capitalists are losing confidence, not in the intrinsic Vaine of the mines, but on ac- connt of the injerceted in this Territory, tah owned by them. It is stated arp specula' e practices of parties Tilt Between Conkling and Schurz. After Conkling had talked about two hours to- day, in continuation of his three hours’ speech of yesterday, he imagined that none was listening to him except the presiding oficer, and so rehashed @ story of Brother Harlan’s that Schurz would not speak in the last campaign unless he was guaran- teed $200 per night. It so happened, however, that Schurz heard him and at once sailed in, bringing on @ yard arm contest in which the word “liar” was freely used in plain Anglo-Saxon. Hon, Conk- ling, finding that he was getting the worst of it, said that he did not intend to allude to Schurz, and Schurz giving a parting rap or two desisted, Conkling will hardly ever go out of his way again to attack Schurz. The Senate Tired of Talking—Appoint- ments To Be Made. “Partridges everyday” are not good eating, and the Senaters are getting tired of hearing the stale old constitutional arguments which are being ad- vanced in the Caldwell case. They are to meet to-morrow at half-past ten, and they will not con- sume many days more. Caldwell’s seat will not be declared vacant—neither will he be expelled. Seme important foreign appointments are determined upon, but will not be made until after the Senate has adjourned, One or two, if presented new, would cause a deal of gabble, and might be voted down. Confirmations of the Senate, The Senate, in executive session to-day, con- firmed the following nominations :— Thomas A. Spence, of Maryland, to be Assistant Attorney General for the Post Oftice Department; J. D. Webster, Assistant United States Treasurer at Chicago; Samuel H. Elbert, Governer of Colorado; Joseph 5, Palmer, Chief Justice of the Supreme Court of New Mexico; Jacob S. Boreman, Asso- clate Justice of the Supreme Court of Utah; E. A, ‘Thomas, Associate Justice ef the Supreme Ceurt of Wyoming; H. 8. Johnson, Asssociate Justice of the Supreme Ceurt of New Mexico; J. W. Barker, Adolph Hall, Daniel Smith, Wuliam Stickney, J. W. Thompson, Jeshua Riley and 8, M. Golden, to be members of the Coun- cil of the Legislative Assembly of the District of Columbia, United States Marshals—George Smith, for the Western district of Missouri; William E. Parker, Eastern district of Texas. United States Attorneys—Cyrus J. Scofield, for Kansas; Anthony Higgins, for Delaware; Kichard ©, Badger, for the Eastern district of North Caro- a. gitar ee Gillesple, of San José and Cape St. Lucas; A. Thompson, of St. Etienne. Collectors of Internal Revenue,—J. Henry Reves, for the Fifth district of Virginia; D, 8. Lewis, Ninth district of Virginia; Ed. H. Smith, Third district of Virginia; John H. Duvail, for the First district of West Virginia; C. H. Harris, for the Fourth dis- trict of Nerth Carolina; C. B. Gibson, fer Oregon, vice Wilson Bowlby, removed; Henry Harnden, for the Second district of Wisconsin; 0. P. Johnson, for the Second district of Kentucky; Richard H. Whit- ing, Fifth district of Illinois; Hiram Ruggles, Fourth district of Maine; Edward Scull, Sixteenth dis- William = R. sep, Robert M. Pond, Third district of Maryland; Alexis Cope, Sixteenth dis- trict of Ohio; Rovert B, Hathern, Fiith district of New Jersey; John H. Burrows, Eighteenth district of Pennsylvania. Collectors af Customs—John H. Palley, at Ports- mouth, N. H.; A.J. Murat, at vay teenie Fla. ; Johny T. Collins, Brunswick, Ga.; Washingten Booth, Baitimore, Md., in place of John L. Thomas, Naval opicer—Adam E. King, at Baltimore, Md. Miscelaneous—A. D, Thomas, Pension Agent at Little Rock, Ark.; A.J. Simmons, Indian Agent of Milk River Agemcy, Montana; Hiram Latham, Surveyor General tor Wyoming; B. F. Campbell, Register of Land Ofice at Vermillion, Dakota; Chief Engineer W. W. Woods to be Chief ef Bureau Steam Engineering in the Navy Department; Second Assistant Engineer John L. Hannum to be Firat Assistant Engineer; retired Secend Assistant Engineer Absolom Kirby, to be Second Assistant engineer on the active list of the navy. Neminations by the President. The President sent the following nominations to the Senate to-day :— - Washington Booth, to be Collector of Customs at Baltimore, Md.; Adam E. King, to be Naval Officer at Baltimore, Md.; John B. Pillew, to be Surveyor of Customs at Portsmouth, N. H.; Scluctus Gar- fleid, to be Collector of Customs at Puget Sound, Washington Territory. Collectors of Internal Revenue—C, 1. Harris, for the Fourth district of North Carolina; E. HM. Smitn, for the Third district ef Virginia. Benjamin F, Green, William J, L. Nicodemus, William W. Hendrickson and Edward S. Holden to be professors of matheraatics in the navy; Augustus G, Tassin to be second lieutenant in the Twelfth infantry; Mrs. Ella Watson to be Postinaster at Jeferson City, Mo. The New York Central to be Pressed for the Tax. Collector Bailey, of the Albany district, had an interview with Commissioner Douglass to-day upon the subject of his seizure of the personal property of the New York Central Railroad Com- pany on account of the scrip dividend tax due the government by the road, The Commissioner in- structs the Collector to pursue the course he has taken until enough property is seized and seld to bring tothe government the entire amount of claims due, The Secretary of War on a Tour of In- spection. Secretary Belknap leaves here next Thursday for Chicago, where he will be joined by General Sheri dan, and together they will inspect the military posts of the Department of the Missouri, especially in Texas, The Secretary will be absent for four or six weeks, and during his absence General Sher- man will be Acting Secretary of War. The Montana War Claims. Major George Bell, Depot Commissary at Wash- ington, has been selected as the disbursing officer te pay the Montana Indian war claims under the late act of Congress, President Grant's Summer Trips. If the President does not go to California soon he intends to visit Eastern New England in July, bringing up at Augusta, Me. Treasury Statement. Legal tender notes outstanding to-day. $357,351,812 internal Kevenue receipts to-day. . 235,386 Treasury Balances. ‘Tne balances in the Treasury of the United States at the close of business to-day were :— CUPPONCY. «0.6. cevecceeceseceessscseese «$1,264,330 Special deposit of legal tenders for redemption of certificates of deposit Including coin certificates THE RIOTOUS STRIKERS, The Missouri Drivers Held in Check by the Police—No Further Depredations— Forty of the Hingleaders in Jail. St. Louis, ¥ March 20, 1873, Affairs on the St, Louis, Kay s@% City and North- ern Kailroad were more quiet ,esterday. A switch was turned and an engine partially run off the track at Lexington Junction laet night, but no damage was done. The Sheriff of Ray county, with @ posse, Was on the spot and arrested those en- aged in the affair and took them to Richmond jail. Phere are pow nearly one hundred Metropolitan police in this city and along the line of the road, who, with the local authorities, are amply sufficient to guard the trains and property and no further trouble is apprehended. Passenger trains were started from ali termini of the road last night and have not been molested. ‘There are still a number of strikers congregated it, Charlies, but they are thoroughy overawed l kept antes the police, The Adjutant General arrived im this city Jast night, and reports matters niet along the main line. When at Moberly on uesday he gave orders for the organization of a Tailitia pany, the names of the men composing it to be submitted to the railroad company, and if found satisiactory they will be armed. Grand Chief Engineer Wilson had an interview with the committee of strikers yesterday, vut the result has not transpired. He still maintains, how- ever, that the strike was not justifiable, and will not be sanctioned by the Brotherhood ef Engineers. General Superintendent Van Horne already has about forty engineers and ts hourly receiving acces- sions. He avows a determination to never again employ a brotherhoed engineer. No further tnter- ruption to travel en the road 18 expected, Reports have gained circulation that the strike has extended to other roads in the State, but they can be traced to no reliable source. About forty of the strikers and persons engaged in obstracting the road and destroylug property taken to day of Mr. D, L, Harris, President of the Connecticut River Railroad. He said that the ordinary expenses of a railroad, in general terms, should embrace, from year to year, an accoustt of the depreciation of the stock, If they fail to do this and finally get a large number of new cars to make up the depreciation the purchase money should not be classed as extraordinary expenses. The constructing and regular ballasting of tha track ghould be classed as ordinary expenses; so, also, should the rebuilding of a pertion of tha track, The same rule applies to sleepers and bridges, and this rule is general on railroads. Ifa new station is establisned or a new branch of track laid this would be the extraordinary governe ment expense of a road, but a part of the dispost+ tion of the incame, the same as interest and Sai | dends would be. The Court—Suppose a bridge should be swept away or a piece of track washed out, what accouy6 should the expense of replacing it be charged tot Mr. Harris—As It is as liable to occur one year ag in another we always place it tothe ordinary ex» pense account. THE RUTLAND LEASE. The question was here asked of the witness ff the Rutland lease was, in his opinion, judicious for the control? Objected to and ruled out by the Court. Mr. Hard asked to be heard on that, and he come tended that it was relative, because the bad manq agement of the receivers wasa point directly ims volved in the hearing, and the testimony of those acquainted with that kind of property was neces sary to enable the Court to determine whether they are safe men to be Continued in the control of tha property. Chancellor Redfield replied that the opinion was altogether too general, and would open the door ta the production of a mass of testimony frem other Witnesses, whose opinion might and might not accord with his, but would be entitled to just ag much weight. ‘The witness said that freights at less than $1 20 acar load could not pay any profit to any line be tween here and Chicago; all the freight rates be- tween: Boston and Chicago return the smallest poset profit, if they do not result ina loss; tha joston and Albany get about one dollar and thirty cents a carof ten tons; the railroad companies have to pay for the cars, whether full or empty; I never heard until Mr, Mills testified that tt wag better forthe road to haul acar partially loaded than one that is empty ;.no one can believe it but himseif; the cost of ordinary box cars is about eight hundred dollars, and has been tor two or three years past; was absolutely certain that the rate of car service on the Red, White and Blue line, running west, via Koston and Albany, was a cent and a half a mile; temporary repairs are made on the road when the car is dis- abled, but permanent repairs, such as replacing parts, painting, &c., are made by the car come panies; our road pays for car Service by inter= change between the Vermont Central and Pas- sumpetc two and a half cents, but other roads have refused to pay it; for my part | pay to these roads because I cannot help myself; with other roads in- terchanging with us the rate ts two cents; about the time Governor Smith took the Rutland lease I discussed it with him somewhat, two or three tim he remarked that he hav +old his associates, that they must be prepared smeet with some losses for a while, and must not be surprised if for the first year the loss was $175,000, STATEMENT OF A GENERAL SU rm D. W. C. Brown testified that le was Superintendent of the Ogdensburg and Lake € plain Railroad for four or tive years before its leases was Invited to attend @ meeting at St. Albans be- lore the stock in the National Car Company wag taken; in reference to getting up sach a company Governor Smith urged Mr. Pratt, our Presicent, and myself, to go into it, and it was proposed to us that if we would take a certain proportion one- half the business should go over our road instead of via Montreal; Mr. Brydges, of the Grand ‘Trunk, objected to this; Mr. Pratt, by my advice, told Goy- erner Smith that he was net authorized by hig company to take @tock, and that he could do it in« dividually; he and I had taiked about the impros priety of doing it individually, THE PRICE OF CAR WHEELS—A DIFFICULT QUESTIONS “ The counsel here inquired what the price of car wheels was at acertain time. [Objected Me) The Court ruled that the receivers were under bonds, and that this matter of car wheels and ali othe! supplies should properly come up in the settlemen of that account. Mr, Hard contended thatit was not preposed ta go inte an accounting; alse that the trustees, with Xception of Mr, Clark, are not under algo that if the receivers have been con« for their own persomal emolument at the je of the road it is unreasonable to compel em to pay back in an action fer an ace counting. ve have a right to prove that THEY ARE VIOLATING THEIR DUTY, and this was to have them stopped right here an@ to take the account afterward, ‘The original order. for this receivership provides that they shall rene der their account annually. They have neglected to do it since 1866. The facta proper to be proved: in this hearing are whether or not they have dealt with themsel to the prejudice of this truste This baad involve afew figures; so does all the tes timony In the case; but It does not go imto an ace counting at all, and is one of the most vital peinta, whereon the continuance or removal of the req ceivers should properly turn. GKOUND FOR REMOVING TRUSTEES, Mr. H. 8. Royce said that when a receiver make@ money at the expense ef the trust it is ground fom removal. We now ojfer to prove this, and are not allowed simply because of a fear that it may in« volve an account. It was settled by this Court that asuit cannot be sent to a master for an account- ing until all the quéstions on the bill and answers are disposed of. This is one of our vital questions, and interfering with the trains are now in jail at different points and will be prosecuted te the extent of the law. und the whole testimomy on our side will not take up twenty-five minutes. Mr. Fairfleld replied that the Court had virtually cided that the trustees have the responsibilit] for rumning the road, and that the Court will no! sit continually on their affairs, The trustees don’t claim the righi to trade with themselves, and, om accounting, if there is anything wrong, the Court will reduce it in a minute. Here Mr. Fairfleld claimed that the complainants had not furnisied specifications so soon as they agreed to, and tuag the speciications were not suffictently detinit THE TRUSTEES MAY BE CALLED TO ACCOUNT. Chancellor Redfield said that he entirely con« curred with Mr. Royce that the complainants hud @ right to call the trustees to the most rigid ace countability, but the Court will held them to it im an action fer an unting. It you can go int the matter of car wheels you can inquire as to all other supplies, and this would involve a thonsan® inquiries a# to the quality and prices which the Chancellor cannot spend the time to inquire into. Mr. Davenport moved fora recess at half-ras' eleven until the afternoon, In view of what ha Just fallen from the lips of the Court his present opinion was that ne should advise such of tir clients as are here that they had mistaken thet remedy, and thatit would save time to avandog this proceeding aud PROCERD IN SOME OTITER FORM. The Court granted the motion fer a recess untik the aiternoon, The counsel for the petitioners made a format motion for the placing of their petitions om file, 80 that the matter of acceunt might be settied before masters to be appointed by the Court. This is understood to be a virtual abandonment of th case by the petitioners, so far as the removal the trustees is concerned, and is said to have beem effected by a compromise. ‘The Court held the motion under advisement and will decide to-morrow morning. The remainder of the afternoon was occupied by an argument with reference to the payment of the Vermont an@ Canada rent. BRAZIL. ————— Movements of the United Stat: Yellow Fever and Cholera. The United States and Brazil mail steamship Merrimack, W. Weir, commander, arrived at this port yesterday. She brings dates from Rio, Febq ruary 24, Bahia, 28th, Pernambuco, 2d, Para, 7t and St, Thomas, 14th of March, The United States feet had left Tio for the Rivet Platte on account of the yellow fever prevailing there. From fifty to seventy cases were reported daily. The Port Uaptain, Mr. Atkins, died with the BL a fever February 11, His widow is @ pase ener, The fever was also reported at Bahia and Pers nhambuco, but was confined chiefly to the pd A At Para the cholera was epideuiic and very iat Fleetaq The American Schoolship Mercury- The steamship Merrimack, by way of St. Thom: March 14, reports:—The American schoolsiip Mere cury, Perre Girarde, commander, was at St. Thomam She had had the yellow fever on beard, aud tw@ deaths among the crew were repor' The Comptrolier reported yesterday having pl® into the city treasury the amount of $25,801 66 tomy co.lections.