The New York Herald Newspaper, April 23, 1873, Page 5

NEW YORK HERALD, WEDNESDAY, APRIL 23, 1873—QUADKUPLE SHEET. THE MODOCS. Condition of Affairs in the ° Lava Beds. GENERAL JACK STILL LIVES. Army Trains, Escorts and the Camp Attacked. SEVERAL SOLDIERS KILLED. Desperate Bravery of the Savages. A SHELL SENT AMONG THEM. Rives The Klamath Indians in Their War Paint and Uneasy. ALARM OF THE CITIZENS Settlers on the Bogus and Willow Rivers Flying to the Towns. —e THE COUNTRY IN A FERMENT. wo Ea he Hopes Entertained That the In- dians Will Be Exterminated. MR. MEACHAM GOING HOME. Friend Moag in Washington Pleading for the Cheyenne Murderers, Camp on Lava Bens, April 20, 1873. The Modoc war is now reduced to a seri- ‘ous guerilla warfare, which will prove tedious and harrassing to our army. The Modocs appear to have broken up | into two or three parties, and, judging from their actions, are reduced to desperation, and will fight to the last man. ATTACK ON AN ESCORT. To-day they attacked the escort that was coming to meet the pack train running from here to Colonel Mason's camp, and killed Private Welch, of G company, Twelfth regi- ment, and wounded Private Dorsey, of the Fourth artillery. THE CAMP FIRED INTO. Later in the afternoon four Modocs came to a rocky bluff, about eight hundred yards from camp, and fired into us, but happily their bullets did not find a billet in anything of the living kind. THE MODOCS WATCHFUL. Some fourteen or fifteen bucks and squaws fre encamped on a back ledge of rock about three miles due southeast of this camp, and we were watching thcir movements this morning from the signal station. The pack train carrying rations from this camp to Colonel Mason’s headquarters at Captain Jack’s old stronghold is gener- ally escorted by ‘twenty-five men from this camp about half the distance, where they are met by twenty-five men from the other camp and taken the rest of their journey and back to our men who bring them home. A TRAIN ATTACKED AND ONE MAN KILLED. The train was rather late starting this morn- ing, and in the meantime Lieutenant Leary, with twenty-five had = advanced men, es far as the edge of the lake, near where the citizn was killed the other’ day, when his command was fired upon from an adjoining bluff, and one of his men was killed and another wounded. We could see from the signal station the three Modocs that fired at Lieutenant Leary, and watched them fall back as he charged end took the bluff In the mean- time the pack train left our camp under escort of twenty-five men, under the command of Lieutenant Howe, and passed the dangerous point in safety. Lieutenant Leary then escorted the train to Mason’s camp and back, and delivered them to Lieutenant Howe to bring them back to us. ‘On his return he was FIRED UPON BY FOUR INDIANS, who followed up his rearguard, firing all the time, but, happily, without effect. They finally came to a rocky ridge, about seven or tight hundred yards off, and fired half a dozen | shots into camp, sending the bullets whizzing over our heads, They occupied that position for about a quarter of an hour, during which time twelve bucks came down from their «amp to the lake and enjoyed a good drink, The troops were called to arms, but as soon ms the Modocs heard our bugle sound they broke back to the rocks and returned to their camp. THE WARM SPRING INDIANS have been sent for, and will probably get there to-morrow. They will then be employed egainst this party, and a picket will be placed rear the lake to pick the Modocs off as they go.me to water, W's heard some shots this morning from the other side of the lava beds, and I have since fearned that some Modocs fired upon a few of poo Plax Spring. Indians who were herding pit The cavalry that left on Friday morning on & scout are expected back to-morrow. A LONDON ARTIST ON HAND. Mz. Simpson, special artist of the London Mlustrated News, arrived here to-day from San Francisco. He proposes making some sketches of the lava beds. He also hopes to get a portrait of Captain Jack; but I am afraid he will be disappointed, as there is such a rush among the boys for the head of that chief by the time the artist arrives on the spot there will not be much to draw. TEAMSTERS FIRED AT. A report was brought ig to-night that some teamsters were fired upon this evening near Klameth Lake. The country is dangerous to travel in without a strong escort, and even then it is far from safe, as the Modocs to-day laid in ambush for twenty-five soldiers. I have great faith, however, that the cavalry and the Warm Spring Indians will soon clear the “varmints”’ out. A Slight Fall of Snow Aiding the Mo- docs—Mr, Meacham Going Home. Camp on Lava Beps, April 21—7 A. M. The camp was not attacked last night, as we anticipated, but we experienced a light fall of snow, which will be received with thanks by thirsty Modocs in the rocks, The Modocs have been seen this morning in their camp, and directly the Warm Spring Indians arrive they will be put on their trail. MM. MEACHAM TO LEAVE FOR OREGON. Mr. Meacham will soon leave for his home in Oregon and all our wounded are doing well. ADDITIONAL ACCOUNTS. SAN FRANcISCcO, April 21, 1873. A courier arrived at Yreka to-night with the fo)- lowing news from the front to April 18:— Colonel Perry, Licutenant Miller and 110 men left camp at sunrise this morning on a scout south- eastward, Nothing will be done in camp until they return, unless the Modocs make an attack, which is not probable. Part of the command will return to-morrow night, and part will proceed to the Willow Spring land route and determme whether the Modocs have fled that way. THE SAVAGES ACTIVE AND OBSERVANT, Indians were seen in close proximity to the camp to-day. They came to the lake for water. Three shots were heard in the southeast, evidently fired by Indians killing cattle, This afternoon Indians were seen out herding their horses, four miles southeast of this point and an equal distance south of their former position. It is said there are Jarge caves and strong positions there, and they will make a stand at that point. THE WOMEN AND CHILDREN are there, having been removed before the mas- sacre. There is a quantity of ammunition there and a supply of water. DEFENSIVE WORKS, Fortifications will be thrown up at points com- Mmanding the lake shore to guard the water line. Eleven dead bodies and one live Modoc were found in a cave of the lava S to-day, making sixteen warriors siain. The bodies of the dead were burned. The number or Indians wounded is un- known. Some of the bodies were terribly mangled by the shells, : OUR LOSSES IN THE FIGHT. Six soldiers and one civilian were slain. Eleven soldiers were wounded, two severely; four were disabled by sprained ankles. It is reported that two more of the wounded in the lava beds are to arrive to-night. ‘Mrs. Meacham was within three miles of the lava beds on the 17th, when she was turned back. Mr. Meacham is doing finely. Day after to-morrow he will be taken to Ferris’ Ranch, by boat to Lost River ond thence by ambulance to the ranch. As soon as the cavalry retarn the Modocs will be attacked if they remain where we think they now re TORRIDLE TREATMENT OF YOUNG HOVEY. Captain Eagan is rapidly recovering. Young Hovey will be buried at Yreka this evening. He was scalped and disembowelled and his head Mashed with a flat rock, Harmon, who fell within the Indian lines, was scalped. EXCITEMENT IN THE MODOC COUNTRY. The country in this section is in terrible excite- Ment. All business is suspended in a great meas- ure. They are hourly expecting to hear of the massacre of defenceless citizens living in the val- leys. If the Indians will make a stand together in one place we shall soon have the last one, butif they scatter into small bands it will be next to im- possible to get at them, SKIRMISHING GOING ON. Firing has commenced at the head of Long Cave, where the troops were attacked by the Indians coming down to the water. An escort coming in to meet the pack train has also been attacked and the men ordered to fall in, About a mile from camp the firing is heavy and steady; the escort is driving the Modocs, No fur- ther particulars can be obtained before the courier leaves, Alarm on Bogus and Willow Crecks= The Klamath Indians in Their War Paint. YRega, April 21, 1873. James Glenn arrived at eight o’clock P. M. from the front. He brings despatches from General Giltem, He jeft headquarters at half-past ten o’clock yesterday, and reports having been shot at twice, when four miles this side of the camp, by Indians, but was untouched. Mr. W. A. Hovey is on his way in with the re- mains of his son, The company of volunteers who started out from Yreka the day before yesterday will return to-night. The settlers on Bogus and Willow creeks are Much excited, and are all preparing to move into town, Itis reported that three Indians were seen in the neighborhood of Bogus Creek a few days since, and otheis were seen down near Picark’s, THE KLAMATH RIVER INDIANS supposed the Modocs were at Crystal Creck, in Scott's Valley. The Klamath River Indians were painted and having war dances, They numbered fifteen er twenty warriors and are well armed. Whether there be any danger or not the people are arming. One family had left the neighborhooa where the Klamath River Indians were congre- ated, pate MOVEMENT OF TROOPS, ~ Colone] Mendenball’s command hag been ordered WO move by the way of Shasta Valicy, instead of by the Pitt River route, The Modoes on the Aggressive. Camp Lava Beps, Apri) 20, 1873, A pack train, under escort ef Lieutenant Howe and twenty men, was attacked yesterday at about ten o'clock A, M. Previous to that hour an escort from Mason’s camp coming to meet it was attacked at Headlong Cave. Lieutenant Leary’s men sought shelter behind the rocks and drove the Modocs back, When Lieuten- ant Howe’s train came near them the Modocs at- tacked it, but were again driven back. Lieutenant Leary lost one man killed and one wounded, The train arrived safely, but was fred inte while entering the lava beds, and again on 1a return. When returning on this side of the cave Lientenant Howe was AGAIN ATTACKED BY THE MODOCS, who followed him to camp, firing on the train. ‘They crept up to within 800 rods and fired at the pickets and sent a volley through the camp. Major Thomas sent a shell into their midst, which scattered them. There were eleven in the attack- ing party. Arms were distributed to all in camp, and the Modocs soon fied among the rocks, A correspondent of the London illustrated press arrived yesterday. The Warm Spring Indians will start to hunt the Modocs, but they are SCATTERED IN SMALL PARTIES and will be diMcult to follow. ‘The roads are not safe to Yreka, in a great ferment. The country is Additional List of Killed and Wounded, Yreka, April 21, 1873. The following is an additional list of the killed and wounded in tue battle of the 16th at the lava beds :— Private J. M. Jones, First cavalry; finger of the right hand shot away, Private I. P. Meakens, Battery E, Fourth ar- tillery; flesh wound on his right leg. Private William Cunnigham, Battery FE, Fourth artillery; flesh wound in the small of the back. Rob, A. Dallas, Indian; shot tn the calf of the leg. On Colonel Mason's side he was the only man hurt. . Private Harmon, Battery E, Fourth artillery; shot dead on the fleld and scalped. Private Vonnard, Company G, Twelfth infantry; wounded in the calf of the leg. The War Department Without News. WASHINGTON, April 22, 1873. The War Department has no despatches to-day from General Schofield, and none are expected from him until there shall be results from the prea- ent military movements against the Modocs, A. REMINISCENCE OF THE MODOCS. Fighting on the Klamath River Nine= teen Years Ago—Experience of an ex- Officer of the Army. To THE EDITOR OF THE HERALD:— Seeing, from the columns of your daily paper, how much exercised is the public mind on the snb- ject of the Modoc war, and to what a painful tragedy the peace policy of the Methodist and Quaker ad- visers of the President has brought us, I deem it not uninteresting to lay before your readers an early incident in the history of this tribe not before mentioned in any of the numerous sketches that I have seen, and which presents them in a light ferociously brave and treacherous. In the menth of February, 1854, intelligence reached the commander of the garrisen at Fort Jones, Scott’s Valley, Cal., that a number of the citizens residing in alittle hamlet called Cotton- wood, just at the crossing of the Klamath River, had been slain by a party of these Indians, then making their winter quarters ata cave some six teen miles above the ferry. The command, ¢on- sisting of some thirty rank and file of the Fourth United States infantry, was immediately put in motion. The ground was covered to the extent of & foot or eighteen inches deep with snow and the weather was intensely cold, the mercury marking as low down as 10 degrees above zero. Bivouacking near Yreka the first night, the second the Klamath ferry was made, and here, joined by some thirty volunteers from Cottonwood, under the command of a Mr. Geiger, the whole force proceeded the next day, by @ rough and snow covered trail, in the direction of the cave. Along this road the melancholy spectacle was witnessed of gathering the remains of the seven men recently slaughtered. Their scalps were taken, their tongues cut off and transfixed to their skulls with arrows, and they were subjected to other mutilations too horrible to mention, On reaching the cave, which was found to be in a high clit’ overlooking the river, the volunteers were sent to take position on the tableland just above, with orders to permit no egress thereirom. The regulars cautiously passed to the front between the base of the cliff and the river, and, protected by a ridge of rocks, reconnoitred the position, An exchange of firing now took place without effect, the dis- tance in an air line being about two hundred yards. The Indians kept up a great noise and shouting, amid which an occasional derisive epithet in English could be recognized. Mean- while the unfortunate leader of the volunteers, in ee over the ledge, was instantly killed by a ullet from the cave, which passed through his head. Finding it was hopeless to accomplish any- thin with muskets, two messengers, of which the writer, by request, was one, were despatched to Fort Lane, with instructions to seek assistance from its commander, Captain A. J. Smith, First dragoons, in reiniorcements and a mountain howitzer, After a bitter ride of thirty- five miles, crossing Siskiyou Mountain into Oregon, the fort was reached the same day atten P. and the next morning Captain Smith, with Lie tenant Ogle, ten men and the gun, accompanied us back. On bette, | the cave the gun was placed in position and the shelling began, but with no other effect than to evoke jeers and shouts of derision. After ten days of exposure, without effecting any decisive result, the expedition was abandoned and the troops returned to their quarters. Subsequently the commanding officer of Fort Jones, through friendly Indians, had prevailed on this band to come in to the reservation, and in pursuance of this agreement the command were to be ona certain day in June of that year near the Klamath ferry to receive them. The day came and the command had but just reached the spot agreed upon, when rumors came of a pack train having been attacked on the top of Siskiyou Moun- tain, the packers killed and the mules, with their burdens, runoff, We moved at once in that direc- and, on reaching the mountain, that the rumor was but too true. z trail it led us asiong the ridge for some distance and then bore o! the direction of the cave, and upon the p! uu just above we came upon them, and after asharp con- flict, in which two or three Indians were killed, re- captured the stolen plunder. It wiil be seen from even these facts how utterly useless it is for the government to deal generously or kindly with such People, and it should be the wish of every white man in the country that they may meet with the most fearful retribution for their recent dastardly conduct in cutting short so valuable a life as that of the ate General Canby, AN EX-OFFICER OF THE ARMY, THE CHEYENNE MURDERERS. Friend Hoag in Washington—He Does Not Want the Murderers of the Survey- ors Punished. WaASsHtNaron, April 22, 1873, Friend Enoch Hoag, Indian superintendent of the Central Superintendency, which embraces Kansas and the Indian Territory, arrived in the city to-day, and had @ long interview with the Secretary of the Interior. He says the surveyors recently killed in the Indian Territory were un- aoubtedly murdered by @ few young men of the Cheyennes who were intoxicated, and acted without the sanction or knowledge of the chiefs, The Indians regard surveyors as their mortal enemies and as the precursors of their annihilation, and just before the murder of the surveyors a number of United States soldiers fired into @ party of Cheyennes, killing and wound- ing several of their namber, The murders may be attributed to this circumstance and to the fact } that the Indians had been made drunk on whiskey given to them by bad whites. Considering that the chiefs and the main body of the Cheyennes are peaceably disposed, Friend Hoag doubts the poticy of at present de- the murderers of the surveyors, He thinks it the duty of the government whenever it intends to send surveying parties into an Indian country to apprise the Indians of its purpose, in order that they may be disarmed of their appre- hensions, TRE INDIAN COMMISSIONERS. The Board of Indian Commissioners, with the ex- ception of Mr. Brusert, were yesterday in the city, but did not transact any business, with the excep- tion of what was done by the Purchasing Com- mittee, consisting of Messrs. George H. Stuart, John D. Farwell and Robert Camp- bell, who were in attendance te receive and examine the sealed proposals, to the number of over one hundred, from different firms who de- sired to furnish provisions and goods for the use oi the Indians, hen the proposals had been read, the boxes containing the samples were opened and examined. {ndian Commissioner Smith, Secretary Cole and Messrs. White and Cox, representing the Secretary of the Interior, were also present. The Indian Commissioners held a secret session last evening, which was not of any public importance. ‘A CORRECTION, A Traveller who did not go by Way of the Cameron Mountains, but the Cim- monon River. To THE EDITOR OF THE HERALD:— In the report of an interview, held with me yes- terday, @ Jew inaccuracies have occurred, which I take the earliest opportunity to correct, especially as the HERALD is almost the only New York news- aper which ever reaches the borders of civilization, the distance directly across the ‘Jornada del Muerte” i8 omly 100 miles, but, as I travelled it from “Pararhe” to “Donna Anna,” the route be- comes 160 miles, The passage reading “from Cameron’s Mountain to Stockton’s Ranch” should be expanded. “From the Cimmonon River, north- ward by way of Stockten’s to the Raton Moun- tains,” gives the full meaning. Only those who have been over the ground will perceive any dis- tinction, It was along the eastern edge of this portion of my route, from Arizona to New Mexico, that Ifound that the Comanche nation had sent bands of horsemen to receive the renegade Apaches from Arizona and the Kiowas and Cheyennes from the northern portions of the great plains. New York, April 22, 1 H. P, ROBINSON, WASHINGTON WASHINGTON, April 22, 1873, General Crook, the Apache Pacificator, To Be Made a Brigadier. There is said to be a brigadier general's place in the regular army for Colonel George Crook, the apostle of peace among the Arizona Indian braves, as soon as the President gets buck from his trips Westward, Southward and to New Haven; and from the way the oficials talk about the War De- partment building the promotion— though one of two grades—will meet no disfavor in the army, where Crook has long been popular as a gallant and generous brother soldier, The aged General Cooke, now at Detroit, is to be placed in honorable retirement, to ke room tor the coming briga- dier om the active list. This retirement has been delayed because, if made while there were six other brigadiers on the register, no vacancy would ensue; but the loss of General Canby has reduced the number to the iawful limit, and the next place vacated can be filled, The people of Arizona are already on the move to secure a fitting recog- nition of Colonel Crook’s great service in subduing the Apaches and rescuing life and property in the desolated Territory. The Revision of the Custom House and Navigation Regulations of the Treasury Department, undertaken by Secre- tary Richardson for the purpose of reducing the present antique and complicated system to sim- plicity and uniformity, is to be effected by the end of the present fiscal year if possible. The Secre- tary thinks that both the government officers and those who pay duties and engage in shipping busi- ness are burdened with more regulations than are necessary to the protection of the public inter- e and intends to go over the revised regula- lations personally before putting them into print, to satisfy himself that all necessary requirements have been eliminated, Revenue Stamps and Stamp Cancelling Machines, The Treasury Board, which has had under con- sideration for several months the several pro- posed jorms of revenue stamps and stamp cancel- ling machines for the use of distillers, brewers and tobacco manufacturers, is about to dissolve. Nothing of @ definite character has heen accom- plished either in the interests of the government or the patentees of the various inventions, and the question as to whether the government loses more by the fraudulent re-use of the present forms of revenue stamps than the cost of adopting more effective instrumentalities is left open for the consideration of Congress, the Commissioner of In- ternal Revenue or a future Board of Commission, The Back Pay Confidence Game. Diligent inquiry has developed the ‘act that seve- ral members of the Senate and the House credited in various papers with having returned their back pay have done nothing of the sort, Of course these gentlemen do not take the trouble to deny reports calculated to promote their political ends. Both the Secretary of the Senate and the Sergeant-at- Arms of the House, whe might give clear informa- tion on this subject, deem it best for their own in- terest to preserve a mysterious silence. Among those prominently flaunted before the public as dis- interested patriots are Senator Hamilton end ex- Representative Merrick, both of Maryland. Now, the fact is that Hamilton has taken no action at all, and will probably leave the back pay with the Clerk of the Senate until the Sena- torial election in Maryland is over, when he will put it “where it will do most good,’’ Judge Merrick has simply signified his refusal to take the back pay, but has not turned it over to the Treasury. Thus he is at liberty to draw it on application within two years, for according to legal advice taken, the back salary must be held at the disposal of members of the two Houses for that period, even though they refuse to take it. This is the secret motive for the action or rather want of action on the part of these two disinterested patriots in the Senatorial election in Maryland which will take place next Fall, and for which both Hamilton and Merrick will be candidates. In this they are only emulating the noble example of the New Hampshire members during the recent elec- tion, who made capital out of their vote against the back pay grab and took the money after they had been re-elected, If Merrick and others in the same predicament were sincere they would send an order on the Sergeant-at-Arms, directing him to turn the back pay into the Treasury, Treasury Balances. The balances in the Treasury at the close of business to-day were :— QUEFEDEY 00. cececccscceses seevccreccses es $8,000, 767 Special deposit of legal tenders for the redemption of certificates of deposit... 27,555,000 Coin.... teeeeeeeeseses . “ 74,800,159 Including coin certificates. 25,275,700 Legal tenders outstanding «858,111, 656 Pensions for Indian Soldiers. The Pension Office is now prepared to receive ap- plications under the late law from such of the In- diaus a8 served in the late war in the Union army, and sustained injuries entitling them to pensions, The New Trade Doliar. Dr. Lindeman, Director of the Mint, states that the dies for the new trade dollar will be submitted to the Secretary of the Treasury in about one week, and he thinks that the coin will be ready for issue in New York and San Francisco by the first of June next, AXES ON RAILROAD OARS, A Suggestion for ving Lives in Such an Accident as that of Richmond Switeh, Aupany, N. Y., April 21, 1873, To THE EpiToR oF THE HERALD :— R Str—Reading your article in Sunday's edition of “One more horror,” it occurred to me that if the railroad companies would have two axes fastened on the outside of their passenger coaches they might be the means ef saving many lives, as an opportunity would be given those not injured to cut out any who might be fastened in their seats, as Albert F. Allen and otners were. If you think the suggestion worth unyt! will you please notice it aud oblige mn WYO RAV ELLE THE STATE GAPITAL. select The Charter Not Yet in the Hands of the Governor. Satelit FOOLISH EXPECTATIONS. The Governor's Ten Days’ Consideration to Date from Mis Reecipt of the Charter. —+ SENATOR WENSLOW’S USURY BILL pesto bess “iy AAC al An Explanation of the Vote That Saved Green’s Head. ~~ Route of the Gilbert Elevated Railroad. Discussion on Senator Lord’s Tax- ation Bill. MURPHY ON HIS METTLE. ALBANY, April 22, 1873. The friends of the downtallen pap-hunters, who have been, or rather are to be swept out of office twenty days after the charter is signed, seem not to have lost allheart as yet. Judging from the way their representatives are going about here in the lobbies one would suppose that there was still a good chance for them to hang on to their ‘‘cribs.” It is needless to state that they have just about as much chance to keep their snug berths as the average Assemblyman has to go home westward with a clear conscience. The fact is unquestion- able that THE GOVERNOR WILL SIGN THE BILL. It is true that he has discovered, as most every- body else must have discovered by this time, that there are a great many serious errors in it which really invalidate some of the material sections in the act. This fact, however, will not prevent the Governor from signing it, because it is certain that asupplementary bill will soon be introduced to make the crooked ways straight in the measure. Itis believed, however, that the best and surest or rather the most expeditious way of fixing the matter would be to have the bill recalled from the Governor for correction once it gets into his hands, I say gets into his hands advisedly, for it has not as yet been sent to him. The engrossing clerks are still at work upon it, and as two different sets of readers have taken it in hand to prevent addi- tional errors it is not likely that it will be ready before Thursday. It was passed, it will be re- membered, last Thursday, and as THE TEN DAYS allotted to the Governor for the consideration of a bill do not begin until he actually receives the bill, and do not date, as some people believe, from the day of its final passage, it will be seen that Mayor Havemeyer will have no occasion to complain, when his twenty day allowance expires, that he has had to make appointments ina hurry. It is gen- erally understood here that there is a charter com- bination in the Board of Aldermen, wnich is not in the Custom House interest, but which is republi- can, and will be against the Mayor in case of neces- sity—that is, if he gets too stubborn on certain ap- pointments they are anxious to control. THE USURY BILL, The committee of the Grand Jury of New York, who have been investigating the money iock-ups there, are expected here soon, and the question is again in agitation, shall the Usury laws be re- pealed? Senator Winsiow’s bill, published below, was introduced in February last, reported by the Judiciary Committee for the consideration of the Senate, but without its favorable recommendation, discussed and amended in Committee of the Whole, and finally lost on its third reading by lacking four of the required constitutional vote. Senator Winslow at once moved and secured a reconsid- eration, and the bill now lies on the table, whence it may be called up at anytime. The following is the measure as it now stands WINSLOW'S USURY BILL. AN Act to regulate interest and to prevent usury. ‘The people ot the State of New York, represented in Sen- te and Assembly, do enact as follows :— on 1.—The' rate of interest for the loan or forbear- ance of any money, goods or things in action shall con- tinue to be seven dollars for one hundred dollars for one year, and after that rate for a greater or less sum, or for a longer or shorter time. 2.—No person or corporation shall, directly‘or in- take or receive, in money, goods or things in ac- ton or in any other way, any greateresum or greater value for the ‘loan or forbearance of any money, goods or things in action tha bove described, subject only to the forfeitures and 's hereinafter mentioned. Sxc, 8.—All bonds, bills, notes, assurances, conveyances, and all other contracts or securities whatsoe bottomry and respondentia bonds and contracts), and ull deposits of goods and other things whatsoever, whereas and thereby there shall be reserved or taken, or secured or agreed to be secured or taken, any greater sum or greater value for the loan or forbearance of any money, gooas or other things in action than is above prescribed, shall be void so far ouly as regards the law 'ul interest, and the excess over and above the lawful interest that was taken or paid, or agreed or secured to be paid, at the time of making or receiving or deliver- ing of the bonds, bills, notes or any of the securitics al hereinbefore mentioned. zo, 4.—In case the borrower or borrowers of an ‘oods or things shall, before any legal proceed- inus may be instituted to collect the amount of money, foods, or things borrowed. shall offer to pay te the lender ot said money, goods, or things, or to the holder of any mone bond, bill, “note, ‘assurance, conveyance, or any other contract or security given or assigned or delivered for said loan by the borrower, the amount actually borrowed or loaned with legal interest thereon, and the acceptance thereof shall be refused, the court in which any suit ispending for the recovery of the amount borrowed, if it should be proven in said suit that such loan was made in violation of this statute, shall render judgment in xaid suit in favor of the plain: tiff or plaintiffs only for the amount actually lent and borrowed, and shall render judgment in favor of the defendant or defendants against the plaintiff or plaintif's for his or their taxable costs. Sec. 5.—In case the lender or lenders of any money, Bods or things shall, before any proceedings may be in: stituted to collect the amount of money, goods or things borrowed, or the holder of any bond, Dill, note, assur- ance, conveyance or any other contract or security given or assivned or delivered for said loan by the ber- Tower, shall offer to receive and accept of and from the borrower the amount actually borrowed or loaned with legal interest thereon, and the payment thereof shall be refused by said borrower for the space of ten days, the court in which any suit may be pending for the recover of the amount borrowed, if it shall be proven in said suit that such loan was made in violation of this statute, shall render Judgment in favor of the plaintit? or plaints against the defendant or defendants only for the amount actually lent and borrowed, with legal interest on said amount, with his or their taxable costs only, Sxc. 6.—So much of title three, of chapter four, of part two. of the Revised Statutes as is inconsistent with the Provisioas of this act is hereby repealed. sxe. 7.—The act entitled “An Act to Prevent Usury,” passed May 15, 1837, is hereby repealed. Sec. 8—This act shall in nowise affect the provisions of the act entitled “An Act to Prohibit Corporations froin interposing the Defense of Usury in Anv Action,” passed April 6, 1850; nor shall the provisions of this act in any- wise affect pending sults under any previoas ucts in reference to usury. Sec. 9.—This act shall take effect July 1, 1873. It will be observed that the provisions herein are almost STRINGENT ENOUGH TO AMOUNT TO AN ABOLITION of the Usury law. It is not likely that money lenders asking usurious interest will insist before the courts upon payment when the mere fact of asking usurious interest ensures judgment against them. It is believed that the country members will favor this bill yet, although they might revoit against a square, open repeal of the usury laws. ¢ Senate was not full when the vote was taken on the final reading of the Winslow bill. Palmer, Foster, Harrower and Baker, who were absent at the time, will, doubtless, vote for it when it comes up again. The best move the Grand Jury Committee can make when they come up is to help this bill along and secure its passage in both Houses, BILLS PASSED. Among the important bilis passed in the Senate to-day in the rush of third reading were the foliowing New York ones:—To incorporate the Commercial Warehouse pal orize the Commissioners of Common Schools to establish @ nautical school, aud the Christopher street Rail- road Ferry bill. THE GILBERT ELEVATED ROUTE, The Commissioners to name a route’ for the Gil- bert Elevated Railway have made @ report to the Legislature, in obedience to the resolution of in- quiry introduced last Friday. The following is the route in full:—From the south shore of ‘lem River at Kingsbridge, along River street to Eighth avenue, to 110th street, to Ninth avenue, to Fifty- third street, to Sixth avenue, to Fourth street, to South Fifth avenue, to Canal street, and, crossing: Canal, continue along West Broadway to Chambers, thence to Broadway, thence along Broadway to and around Bowling Green Park into Beaver street, to Pearl street, New Bowery, Division and Allen street, First avenue, Twenty-third street, Second avenue, Harlem River, River street to Eighth avenue, com: pleting the belt. The impression seems to be among the New York Senators that the route as now located would kill the measure if the Legisla- ture could get jurisdiction of the road again. NEW NOTARIES, The following are the ugw appointments of ——————s | notaries for New York ; hora county jnst confirmed bw ‘The been published: “°*PPoIntments have already Joseph Archbold, Oliver 8. Ackley, Charles H. Aivert Ailenspaon, Hdward ty othe John Allen, Charles I Arnel tober oa John Abbott, Thomas Baer, John Whitehead Byron James G. Brickman, John b, Brown, Randolph Bo Bart ker, Alexander Boyd, 5. M. Brown, Davil " ileaval Avery T Brown, Max Buil, John 5. V. Barke, H, Bawshe: John Byrne, M. R. Clark, W.J! Col E. Chambe ;tin, ©. A.Crocker, ©. A. WK Conway, Tho John it, 6 Clarkson, W. H. © D W. J. C1 marest, . Dougherty, . A. Durfee, B. Devoe, A. V. Davi Duell, J. L: Egbert, 4 Thos, Eagan, C. Mo Errig, A. W. ¥ Franklin, John H. Fitzpatric |. 8. Friend, M. J. Fagan, J. Foster, Thoinae Goody. C. J. Gunther, 8. Grabe, Jetur Gardiner, ves, W. Gulliver, J. HM. Good: ¥.3. Gray, 8. Gilinan, W. TA. . Hall, B, Hess, T. P. Hascall, R. M. Hedden, W. T. Heron, H. L. Haight, F. W. Hadfield J. i, Henry, M. Hippler, . L. Hoffman, L. W. How, Ht Hoyt, ©.” R. Huntington, F. Hutchins, W. Healey, Mw. M. Haight, G. Hopcroft, J. B. Hadley, © Ingebrand, —C.'_F. Jones, W. Jacques, rs Jennings, ' W. James, 3, Jones, O.'W. Johnson, R. " A. Keating, P. B, Kelly, P. D. Kinne' Liebman, b. Dd Tr. . Kearney, T, ser, J.C. bang, J. ‘Loder, ¥. B. Lord, J, CJ. J. A. Monaghan. 2 Bmx, vy, T, cellar, D.W. Morgan, G. Miller, Ory J. it, McCarthy, C. E. Maisac, J. M. J. H, Montgomery, John Maguire, George Mathy Murphy, T. McKee, Jr.; George T. in, ue, W. McCrea, T. McGuire, T. M. Waish, A oe tag T. D. Callaghan, T. O'Meara, J. 8 Pine, HoW. vei Peli, L. V. Putney, J.D. 8. 'H. ‘Pondexter, -V. 1 Patterson, Jr. B, Perle, J. M. Phi . Quackenbugh, John Rothschild, toe, G. KR. Robertson, 0. Reed, G, Roberta, TB. Smith, Francis Schell, E.G, Smith, R. herman, F. D. Snow, M. Sehlein, S, H. Steel Schlichting, W. Sinclair,’ A: Steinmuller, W. J.B. Smith, J. Schlachter, — H. | Seht Speiler, A. Schaffel, 8. D. Seward: leek, W.V, Smith, W. Shorman, 8. ton. D. B, Swan. M. Spillman, J. W. Btnith, J. J, Schacter, wood, ©. L. Matcher, 8. R. Taylor, Johi 4. Traivg, J. O, Tobias, W. A. Van 'Duser, B, A. Vander- H. M. Wallace, P. White, W. G. Wood, J. J; Wilkinson, G. &. Weed, @: Waddington, P.M. Weeks, J. . "Wolverton, THE INDUSTRIAL EXHIBITION BILL was reported to-day from the New York Senators, to whom it was referred on its arrival from the Assembly, with an amendment to the effect that the city of New York shall not, as preposed, take stock in the Industrial Exhibition, but that when the company have bought and paid for the grounds and erect theircrystal palace the city shall loan them money and take as security therefor a mort+ gage on the lands purchased. THAT GREEN ‘LOBBY AGAIN. Senator McGowan, whose vote saved Green in the charter fight in the Senate, depies that he was in any way influenced by the lobby Green haa em- ployed to ‘work the route” for him. His constitus ents wanted him, he says, to vote the way he did, and he says he coulg not consistently vote to re- tain Henry Smith and put Green ont. He says the home influence that was brought to bear upon him was the only pressure he gave way to. So the claim of Green’s lobby that they owned the Senator shows that they were only trying to make capital and profit for themselves by boasting of their own exploits as far as he was concerned, The question now is, how much did they get paid on the strength oftheir pretence that they had manipulated the Otsego representative? SHERIFF O’RRIEN'S BILL for the appointment of three commissioners to de- cide whether he has a good claim for certain moneys against the city was the subject of consid. erable discussion in the Assembly to-diy. Wiliam Cc. Barrett, Henry H. Anderson and the Corpora tion Connsel were the commissioners mentioned in the bill originally. The di ion was finally ended by the bill being referred back to the Com mittee of the Whole, with instructions to insert, in lieu of Anderson and Barrett, the names of the President of the Department of Parks and the Com: missioner of Public Works. ENGLISH AND THE MUTUAL LIFE INSURANCE COM: PANY. The special Committee on Grievances had @ hearing in the case of Stephen English and the Mutual Life Insurance Company to-day. Mr. Ho- mans was examined, but his testimony was not material. Mr. Sewell was cross-examined. Mr. Darlington, counsel for English, repeated his statement, to the effect that he nad not made ap- plication for the reduction of English’s bail, for the reason that the Judge before whom he had made application for an examination had dented it. The committee will meet at the Metropolitan Hotel, in New Yofk, on Saturday, when they ex+ pect to close the investigation, Lord’s Taxation Bill—Murphy on His Mettle—The Usual Hurling Back—Lord Squeiched—Proceedings in the Assem- bly. ALBANY, April 22—Evening. The discussion on Senator Lord’s taxation bill to-night was rendered startling by a sudden en- counter between Senator Murphy, of Brooklyn, and the auther of the bill, Tae debate had pro- ceeded for over an hour and a half with the custo- mary embellishments of facta and figures, very hard and dry, when Lord intimated in reference to Murphy's opposition that the latter had proper- ty upon which he wished to avoid taxation, and that was the cause of his antagonism. 5 MURPHY BECAME INTENSELY ANGRY. at this, and although apparently weak and de crepit physically, he replied in a flerce denial, wherein his voice rang out amid a startled silence in the Chamber and his thin frame quivered with passionate gesticulations. “The Senator chooses to depart from his argument,” said he, “and make a personal attack upon me, He intimates, nay, he says, that I have property which I desire to screen from taxation. Ihurl the thing back upon him and pronounce it false—false in every word and line. I will allow no man to impugn my motives asa Senator, but I will say now, sir, as I am driven to say it, that I have no property that is hot taxed, except perhaps my l!brary, which may not be taxed to its {ullamount. But in opposing this bill I have only the interests of my constitu. ents at heart, my section being a commercial one, and I have not thought of myself." Senator Lorp, in reply, said that the first man he had seen and he believed the only man in the State who could say with truth that he paid all the taxes he ought to, was Henry C. Murphy, and be would like to know if his neighbors could say the same. Mr. TrEMANN—TI can. Mr. BENEDICT—And I. Mr. Lonp—Then there are three men who cap Lf that. r. BENEDICT—Mr. Weismann {s absent from his seat, but he has stated to me that he did, Mr. TIEMANN—Now will the Senator from the RAL a tell us if his neighbors can say as much Mr. Lorp (emphatically)—No, sir. Senators James Wood, Lewis and the Lientenant Governor. who had temporarily taken his seat next w Mr. Lord, and, in parliamentary usage, was one o MR. LORD'S “NEIGHBORS,” all nore this assertion unflinchingly, but hardly seemed willing te consent to the statement. Finally, when the committee rose to progress the bill, Mr. Lewis, in the Senate, moved to strike out the enacting clause, and the following was the vote erece, ®, '—Messrs. Allon, Benedict, Dickinson, Lewis, Low, re: wen, Madden, Tiemann, Wagner, Weismann, D, P.Wood—I1. Nays—Adams, Baker, Lord and J. Wood—. No quorum was present, however, and the vote failed to kill the bill. The whole question was thereupon laid on the table. IN THE HOUSE this evening the bill authorizing the Common Council of New York to appoint commissioners to erect armories for the National Guard regiments and the bill adjusting the claims of James O'Brien, late Sheriff of New York, were passed. The Senate amendments to the Christopher Street Crosstown Ratlroad bill were concurred in. The Senate amendments to the Brooklyn Election bill were non-concurred in, and a Conference Committee was appointed. Mr. Prince, from the Judiciary Committee, reported adversely on twenty-two bila to amend the code of procedure, and the reports were agreed to. “ DECORATION DAY. The Grand Army of the Republic in a Quandary—A “Hitch” Where Discic pline Should Prevail. Aconvention of posts of the Grand Army of the Republic assembled last evening, under @ call is- sued from the department headquarters, No. 53 West Fourteenth street, to elect officers and make the necessary and appropriate arrangements for the ceremony of decorating the graves of the Union dead on May 30, the annual “Decoration Day.” There were representatives present from posta Nos, 13, 29, 79, 100 and 113, and the fellow. ing prominent department officers:—Samuel Minnis, Senior ice Department Com- mander; Frank M. Clark, Adjutant General; Joseph Forbes, Quartermaster General; and Com- rades Tompkins and Perley, of the De} nt ce ley, of Council of Administration. Colonel H. 0. Post 100, was elected temporary ch: ‘and and Edward ies. There was Captain Peter F. Murray, of Post 29, D. McMurray, of Post 13, secretari little business of a direct nature transacted, as it was ascertained that nine other poste under the leadership of Commander Robertson, of Post had already organized themselves as the nucleus the general committee of control of the ser- of the rules ag 8a) unauthorized, y, perhaps, ‘tend. greatly to diminish the effectiveness and harmony of the demonstration, ‘The discussion was quite lengthy upon the sabject of appointing @ committee to confer with a similar committee from the last mentioned body with @ view to securing joint and co-operative action. A committee consisting of Comrades mA ©. Per- wy N. D. H. Clark, Peter F. Mi 5 LS he and Oscar Tompkins was a; point , ant come mittee adjourned until next evening, wher the conierence committee will make thelr revert