The New York Herald Newspaper, May 27, 1873, Page 3

TU GLANT FRAUD Legal Assault on the Greatest Im- posture and Swindle of the Century. CREDIT MOBILIER IN COURT. The United States Government Tilts at the Great Railway “Ring.” FILING OF A BILL IN EQUITY. How “Contracts” and Distributions of Dividends Were Made. THE SEVEN WHO RULED THE ROAST. How Ope Set of Directors May Play Into Their Own Hands as Another Set. First Mortgage Land Grants and Income Bonds. —_>+__—_. THE UNION PACIFIC —+_—. After Paying Running Expenses and Repairs It Cannot Meet Interest on Its Bonds, INSOLVENT. NEW RAILS AND TIES WANTED SOON, No Money in Hand to Meet Obli- gations Almost Due. A REMARKABLE STORY. ‘ HARTrForD, Conn., May 26, 1873. Mr, Ashton, representing United States Attorney General Wilitams as counsel for the government, arrived in tnis city to-day from Washington, bring- iug with him the complaint and bill in equity against the Union Pacific Railroad Company and the Crédit Mobilier of America, which he will file to-morrow in the Circuit Court of the United States for the District of Connecticut, at this place, This, thereiore, marks the opening of the great legal struggle between the government on one Bide and two of the greatest and most extraordi- nary corporations ever created on the other, and will, beyond doubt, occupy some of the attention of the Courts for ten, perhaps twenty, years to come, [t ts, unquestionabiy, tne most gigantic litigation pn redOrg@ and the printed complaint and exhibits appended thereto, twenty-five in number, make a ok of 134 printed pages. The title of the bill is “The United States of America vs. The Union Pacific Railroad Company and Others,” the recital in fail of THE LIST OP DEFENDANTS being as follows :— To Tue Jupces or tHe Ciccir Court oF TH States rou tux Disraict or Connecricer:— ‘The United States of America, by George Henry Wil. Hams, their Attorney General, bring this, their bill of complaint, against the Union Pacitic Railroad Company, corporation created by acts of Congress of the Unite: ates, whose. principal office for business is located Boston, in the State Massachusetts, and its “President, Horace Ff. Clark, or the’ city, county and State of New York; the Credit Mobilier of America, a corporation created’ by the Legislature of the State of Pennsylvania, and located in Phiiadeiphia, in said State, and ils President, Sidney Dillon, of the city, county and State ot New York; the Wyoming Coal and Mining Company, 4 corporation organized under the general statutes of the State of Nebraska; the Atlantic and Pacific | Telegraph Compauy, | cor, poration organized under 1e eneral statuies of the State ot New Yor! resident, John Daft, ot Boston, in. the State of Massachusetts; the Pullman Palace Car Company, a corporation transacting busi- ness in Chicago, in the State of Illinois, and its President, jorge M. Pullman, of Chicago; the Omaha Bridge Transfer Company, a corporation transacting business at Omaha, in the State of Nebraska; and against John B. Alley, of-Lynn, in the Staie of Massachusetts; Cak Angier Ames and. Oliver Ames, 2d, executors inst will and testament of Oakes ceased, late of North Easton, in Massachusetts; and Onkes Angiér Ames and Oliver Ames, 2d, executors atoresaid, representing the said’ Oakes Ames, as trustce for other per- sons; Oliver Ames, surviving partner of the late doing business as Oliver Ames & Sons, at Boston, in the Btate of Massachusetis: Olive Ames, of North Easton, in the State of Massachusetts; Frank W. Andrews, of Bos- ton, in the State of Massachusetts; Elisha Atkins, of Bos. ton, in the State of Massachusetts; P. Adams Ames, of Boston, jn the State of Mussachuseite; Ezra H. Baker, of United By setts ; Weill, of Boston, in the State of Massachusetts: Bardwell, trustee, ot Boston, in the State of Massac! setts; Oliver W. Barnes, of Philauelphia, in the State of Pennsylvania ; Benjamin E. Bates, of Boston, in the State of Massachusetts ; njamin E. we: trustee, of Boston, in the Staie of Massachusetts; Eli Beard, of Brooklyn, in the State of New York; Sylvester M. Beard, of Brook: n, in the State of New York; Eli Beard, Sylvester M. jeurd and Willian A. Cummings, doing business as Beards & Cummings, in the city, county ; New York; H. T. Blake, of Boston, in the State of Massa. chusetts; Henry Blood, ot the city, county and State of New York; Benjamin’ M. Boyer and Helen wife, of Norristown. in the State of Pennsylvani the city, county and State of New Yor! Hel Bradford, of Boston, in the State of Massact William B, Bristol, of New Haven, In. the State of Co necticut; William Tracy, executor ‘of the iast will and testament of James Brooks, deceased, late of the city, county and State of New York ; Cornellus 8, Bushnell, of New Haven, in the State of Connecticut; Oliver 8, Gt man, of Canton, in the State of Massachusetts; Jobn 9. Cisco, of the city, county and State of New York; Oliver Chariick, of the city, county and State of New York; John Visco and J. Ashfield Cisco, doing business as J.J, Cisco & Son, of the county and State gf New York; Henry ©. Crane, of Yonkers, in the State of New York; Henry C. Crane, trustee, of Yonkers, in the State of New York; John F. Dillon, executor of the last will and testament of Ebe r Cook, deceased, late of Daven- rt, in the State of Iowa;'Henry OC.’ Crane, trustee r Willie D. Train, of the city, county and State New York: William A. Cummings, now or late of Daried, In, the State of Connedtiout; Samuel Dana, of the city, county and State’ ot New ohn M. Davis, oi New Haven, in the State of Con- fecticut; William F. Day, cashier, in trusty of New Haven, in the State of Connecticut; Hugh De Haven ard ene. n, doing business as De Haven & Brother, at Philadelphia, in the State of reinayivania; Bidney Dillon, of the city, county and State of New York; John R, Dull, of Boston, in the State of Massachusetts Grenville M. Dodge aid Anna M ze, of Council Bluffs, in the State ot Lowa, John Duff, of Boston, in the Btate of Massachusetts; William F.’ Durant, of the county and Biate New York; ' Thomas G, Durant, of the cliy and State ot New York; Sewall H. Fessenden, of Boston, in the State of Massachusetts; Pierrepont B, Foster, of New Haven, in the State of Connecticut; L. Eugene French, of the city, State of New York; the Fourth Nati '. 08, bere a ones 4 2 ot Boston, in the State of Massachusetis; John Gardiner trustee, of Boston, in. the State of Massactu- petts; Horatio Gilbert, of Boston, in the State Of Massachusetts; Horatio J. Gilbert, ‘of Boston, in fhe State of Massachusetts; Horatio Gilbert and \o~ ti ert, . doing jiness as H. Boston, in the State of tts; E. W. Gilmore, of Boston, in the State of } ‘William T. Glidden, of Boston, in the illiam T, Glidden and John M, §. Williams, doing business as Giidden & Williams, at Boston, in the State of Massachusetts; George Griswold Gray, of the city, county and State of New York ; Heni W. Gray, of the Bf , county and State of New York; Wil- Guest, of the city, county and State of New York; ‘8. Lanman, executors,-and Eliza. executrix, of 1e will We W, Gtimes, deceased, ate 0 tate of Iowa of count; iam A. Lyman Cook and G. beth 8. Grimes, testument of James New in of zg eR por, ry P. Hazard, of’ Rhode Téland; Aina Hazard, the State of Rhode Island; Thomas Hedden, of the Cy Sonny A and State of ‘Jr., of Boston, in the State of in’ Holladay, ef Portland, in the muel Hooper and Franklin Gordon rs, transacti| business as Samuel Joo} x Boston, in the State of + Samucl Hooper, of Boston, in the State of Massachusetta ; yuna Horner, of Newport, in the State of Rhode Island; jonty Hotchkiss, ot New Haven, in the State of Connecti- tut, Benjamin K. Hough. of Boston, in the state of Massa- ghusects; Gardner a: Howland, ‘of the city, county and Btate-of New York; Hi Barton H. Jenks, of Philadelphia, in the Pennsylvania; James Johnston, ofthe city county and Stale of Kew York; David Jones, of the city, county and State of New York; Adrian tsellh and adrian Isel . Iselin Do., OF U bnew fo o Walker and part ty nnd St of New York; Geo Norton, exceutors of the last will and. testa ‘of John King, deceased, late of Sprin in the a Biate of Massachusetts; W, Knigh NEW YORK HERALD, TUESDAY . MAY ,27, 1873.—TRIPLE bara, of the city, county ‘and State of New York; be Grand Lockwood, of the etty, county and State of New York: Thomas, Lord, of the city, county and State of New York; Abiel A. ‘Low, of the city, county and state of New York: William H.’ Macy, of the city, county ana Comb, of Wilmington, im H. McCormick, of Chica opert @. 8. McNe: Phi id av ile: Edward a te at aries H- ison, of the city, county Nickerson, of Boston, in’ the State of M yf ; int aos he bh Nickerson, of t Saar in the State or Mi ts; Thomas Nicker- chusetta; George Op- of the city, county am of New York; e ‘ke, Charles’ W. O} ‘George T. Opdyke, Hen B. Opdyke and George W. cS pers, doing busi- ness George *¢ 1 : the city, county and State of New York; F. 'W. Patterson; ps, city, State of New York ‘athan Peck, Maven, in State ef Connecticut; ‘Joseph f the city, county and State of New York; Pohl, Jr. of Philade!phia, in the State~of : Joseph Richardson, of the city, county mad jew York ; Henry A. Robbins, of the of Ne’ York; Royal E. vi f M. usetts; Henry bit ng business as H, A, e Bt t ‘ate of Massacl Haven, in “the Bate of hy Gs > 0Ou ‘New. ; bee alt of ead Cy le orks Edward ~8. nton and Sereno late copartners, ig busine E. 8. ‘doin, ess as New Haven-in the State of Connectl. cut; Frank Skinner, Josiah B Cutter, copartners, under the fi o., of Boston, in the State of Massachusetts; — Stone and — Downer, copartners, doing business as Stone & Downer, at Boston, in the State of Massachusetts; D, N, mith; ‘James §. Ly the city, county ‘and State of New. York; M. Stetson, lew Bedford, in’ the State’ of: Massachusetts; ‘Willfam B. Stevens, of the i nty and. | State of New York; William B. is, trustee, of the city, county and) State of aA CTS Bievens, of —, in the'State or Connet cute rt, of Philadelukia, in the State of P ; Ge P. Smith, of the'éity, county a Thatcher, of Bosion, in the § chusetts; Lydia. Torrey,tot Newport,'in ve Sta ‘George Francis Train, ot the city, cout Ne $ John F. Tracy, of Chicago, in of Tilinois ; Ezekiel Hy Soren fo, CERO AY oF nate of COB pAl A ‘onry Trowbridge, o! , in the State of Connec- ticut Charles Tule, of Mifford, im the State of Connecti. cut; Sophia Vernon, of Newport im the State of Rhode Islan Charles inty and State .” Waite, le city, ot New York, John M, 8. Wil cf mbridge, in the State of Massachusetts; Jolin 8, Williams and William H. Guiod, copartners, transacting Business under the firm of Williams & Gufon, of thé’ city, county and State of New York, William. White, of New Haven, in the State of Connecticut; Martm Zbrows! ‘ef the ‘city, county and State of New York; Dd. ot the ‘aS80- Cisrug ti McCormick, of theveltgy couiny nd State. of yrus H. McCormick, of the city, county an 0 Now York, aad John Duff, of Boston, in the State of Mas sachusetts, trustees under the se-ceiled land grant mort ‘age; John k. Dui, Benjamin By Bates and F. Gordon Dexter, all of Boston, in the State of Massachusetts, trus- tees under the so-called income bond mortgage. THE BILL OPENS by reciting the various acts and provisions of Cori- gress providing for the creation of the Unton Pa- cific Railroad Company, its franchises and opliga- tions, and the original issues of government bonds as provided for by Congressional enactment, the latter showing that at different dates, beginning on January 24, 1866, and ending on July 14, 1870, the United States isaued to saidcompany currency bonds, due in thirty years, with interest payable semi-annually, in all respects as provided for in the acts of Congress beforé referred to, to an aggre- gate amount of $27,236,512;-which bonds were sold by sald company and are ontstanding. On these bonds the company has fatied and refused to pay the interest which has accrued and is accruing, and the same has been paid by the United States as it fell due. After deducting from the amount of interest 80 paid by the United States the amount for gov- ernment transportation allowed by law to be de- ducted an aggregate liability of satd company to the United States om satd interest ac- count remained “on the ist of January, 1873, amounting to $6,198,709" 77, ° making an aggregate. liability of the company at that date on United States bonds issued to the company, principal and interest secured by a lien under the acts of Congress on the property of the company, of $3,435,221 77. The balance so ex- isting by reason of the non-payment of interest by the company is rapidly accumulating. The complaint next sets forth that en or about November 1, 1885, in pursuance of A DRED EXECUTED between the company and Edwin D. Morgan and Oakes Ames the company issued first mortgage bonds, having thirty years to run, at six per cent, to the amount of $27,237,000; that im pursuance of adeed of mortgage, entered into on April 16, 1867, between the Union Pacific Railroad Company and Cyrus 4H. McCormick and John uty, the company issued land ti it bonds and mortgage to the amount of 400,000. of which sum there “are” yet unpi and outstanding $8,811,000; that on September 1, 1869, the company entered into a covenant, in the way of mortgage, with John A, Dui, Benjamin E. Bates and F. Gor- don Dexter, upon which were issued $10,000,000 of income bonds, but this deed was not so executed as to be valid, and the amount ts all unpaid; also, that subsequently bonds were issued by the com- papy, known as “bridge bonds,” upon A MORTGAGE OF THE BRIDGE over the Missouri River at Omaha, to the amount Of $2,500,000, of which sum $2,468,000 are yet out- standing and unpaid; that on December 12, 1872, the company passed a preamble and resolutions authorizing the issue of “sinking fund mort- gage bonds,’ and reciting that the company will require about four. millions of dollars for.the payment of coupons and obligations matur- ing on or before April 1,-1873, and that the income bonds of the company, amounting to ten millions of dollars, mature in 1874, aud ordering a mortgage upon the land, land grants, read bed, appurten- ances and property of the company to be made fo secure the payment of the bonds of the company fer sixteen millions of dollars United States currency, or for three mil- lion two hundred thousand pounds in British sterling, with interest at the rate of eight per cent per annum currency, or seven percent per an- num British sterling; which bonds were expressed to be for the redemption of said income bond: and each to be called “a sinking fund mortgag bond,” PLATES ARE BEING ENGRAVED by which the bonds contemplated by this resolu- tion are to be printed, and, unless enjoined by this court, said railroad sompeny. will soon issue and Ls put said bonds on the market. The complaint fur- ther alleges that the company has a floating debt of $2,000,000, and has issued eertificates of its stock to the amount at least of $36,732,300, all of which is now outstanding and is held by persons the right in proportion to the amounts held by them to participate 1) the Managemen; of the com- pany ; that the company is bankrupt; that the cost of the cempany’s railroad and telegraph lines was considerably less than haif of the sum repre- sented by the aggregate of stock certificates and pretended Habiiities issued by the company; that @ large part of these various bonds and certill- cates of liabUity were issued uniawtfuily; that THE COMPANY'S EARNINGS are not sufficient to pay the accruing interest on the floating debt and on the various classes of bonds issued, after deducting the running expenses and cost of repairs; that new ties and rails will be necessary for nearly the entire length of the road within two or three years, and that $10,000,000 will be required to pay interest on income amd other bonds which wjll be due in Septemper, 4h but that thé éémpahy has no money to meet either of these ceming emergencies; tiat the company has entered into various agreements with the Pullman Palace Car Company, the Wyoming Coal and Mining Compary, the Omaha Bridge Transfer Company, H. M. Hoxie and others, which are iraudulent and disadvantageous to the interests of tie stockholders of the Union Pacific Ratiroad Company and in violation of their rights; that in the furtherance of designs of becoming possessed of all the stock and franchises of the Union Paeific Railroad Company, to use, manage and dispose of the same for their private nefit, on the 2ist day of November, 1464, certain persons named in the compiaint purchased ali the shares of stock which had been subscribed for in the Orédit Mobi- lier of America, a Red formed under the laws of the State of Pennsylvania, said persons being T. C. Durant, Cornelius 8. Bushnell, Charles A. Lomburd, G. I. M. Davis and Henry §, McCom! directors of the Union Pacific Railroad pt that this agreement and contract was incompati- ble with and in VIOLATION OF THE CHARTER of the said Union Pacific Railroad Company; that the intent of Durant and his associates was to substitute the Crédit Mobillier ef America as a contraetor for R. H, Hoxie and his associates, who had undertaken—viz., to build 100 miles of the railroad and telegraph westwardly from Omaha— Said Hoxie, however, being a person of no respon- sibility or means, and his name ee used as & cover te secure the said contract, in disguise, to Durant and associat said contract being, in fact, made by Durant and associates in the name of the company on the one side, with themselves in the name of Hoxié on the other; that, in pursuance of these fraudulent designs, un- law/al purchases ef Union Pacufle stock were made in the name of the Crédit Mobilier, 17,000 shares being 80 purchased and conveyed to said Crédit Mobiller; that there were fraudulent allotments of Said 17,000 shares of stock to the number of 11,000 shares; 1 jaid 11,000 shares, upon which iv wi it 8 pretended tnirt; rT cent had been paid, wer Rilotted and distributed to sald partics thems for @ nominal consideration to Re paid therefor; le 8 the Crédit Mobilier under aoe Y THE 90-CALLED HOXIE CONTRACT, to be allotted and distributed to themselves as stockholders in the Crédit Mebilier; that on De- cember 31, 1866, they further caused 24,000 snares #0 acquired by the Crédit Mebilier to be similarly allotted and distributed to themselves; that the same defendants also caused the Crédit Mobiller to procure from the Union Pacific Ratiroad Company, ee 5 for the construction of jine under the Hoxie earcae t Certificates of in- debtedness or scrip receivable in payinent for sub- scriptions to stock in sau! Union Pacific to the amount of $4,000,000; that ruary, 1867, said defendangs pretended to Naves of the And caused ta be issued to each stockholder ad- ditional shares equal to one-half the numeer of 80 Knowing the ‘raudulent design of ‘the other de- fendants, and expecting tobe themselves benefited by See. id unlawful act of the others; that about t Slat. of December, 1366, caused & é A MERE DEVICE . for making a division a the said defendants, tockholders of sai Gréd \¢ Mobilier of Ameri of 1, bon the ein ich “said defendan the fc Railroad - Dany, had caused to be delivered by the omicers of said company . to on the pret pay it tor the building of the ratiroad hn line of said Union Pacifico Raijroad Company r gatd contract, and the rsons defen ¥, cre! Spores for the samee who received such first mort. rage bonds as ‘atofoania, and the amount received each, are as follo' 1861250 + Oy 12500 : init 12,500 ed 2,500 ait oe HL 85,000 ++ 12,600 Oliver 8. Chapman... 15,600 25,000 Henry ©. Cre 2,000 31,260 Sidney Dillon. 1,250 ever. 1,000 ‘Thomas ©, Dur: 1,050 Frederick Nic! 12}500 L, Bugene Frencl ‘000 Joseph Nickerson... 12,500 Horatio Gilbert. 6,250 ‘Thomas Nickerson... 5,00) Horatio 4. liber 4,850 George Opdyke. 23,100 . We Gil 5,000 Paul Pohl, Jr. 3 W. '. Glids $1,250 J. H, Scranton, G. Griswold Gr: 68'850 B.D. Stewart. 20 H.W. 250 Train 8,750 James W, Gi Waite. 2,500 Charles M: Hall, a Wil $81,000 R. G. Hazard. 000 Williams & Guion,.., 12 Bowland Mazard: That the ownership of steck and the manage- ment of both corporations was in fact the same; that in December, 1867, the same defendants: caused te be distributed to themselves in the way. of dividends, without censideration therefor, 16,000 shares 01 Union Pacifie stock, on account of flity- eight miles of road constructed west of the 100th meridian, and that said stock being first issued to the Crédit Mobilier was distributed to themselves, stockholders of the Union Pacific, in their charac- ter as stockholders of the Crédit Mobilier, ANOTHER LIST. The following ia,a list ef those who so acquired, and received stock by way of allotments and divi- dends:— ‘Batik i ly allot. By aivis allot- By divi- mente.” denis ae a Bs by Names, Shares. Shares, Names, Shares.Shares, John B. Alley... 1,000 116 E.Hazard, trustee — 6 Oakes Ai 1,649 P.Hazard, — 4 Oliver Ame: pas . W. Andre’ = = «@ Klisha Atkins... 67% — 10 Ezra H. Baker,. 625 249 1,000 300 Ezra! mm 8. Hooper & Go..: 1,000 800 Bardwell 500 284 Hemry Hotchkiss, '— 60 1, Barton H. Jenks. — 200 = 12 J.B. Johnston... — 8) 30 6 David Jones..... 600 152 200 200 Kini 50 32 =a oe i = 30 w - # 120 — w 250 450 164 378 624 14 2 a 6h 4 W. A. Cummings — 40 = Samuel J. Dana, — (40 40 John M, Davis... — 200 0 W. F. Day, 13 See aio a Looe Gyincc at idne on... 1, orge John R. Durr — 762 Nathan Peck. “= a 2500 BE — 80 12,068 1,966 TaN — "2 - #8 x 33 — 30 —- 200 = = We 21 Tt 5 2 175 - &% i 8 oon 2634 648 50 20 soy 152 30 Anna Horner... scrip, $40 Chas M. Hall.) 15 )' RG. Hazard... 2,000 676 ‘875 120 625 (152 Eliza Hazard. 13 Totals........sereese STigpeeese The complaint next alleges that ALL WERE JOINTLY INTERESTED in the profits and benefits of the so-called Hoxte contract, and that the said profits were regularly ailotted and distributed among said defendants, and that all of them so continued to be interest therein throughout; that between the 1st and 16th days of October, 1867, said persons, stockhold- ers and managers of the Union Pacific Rail- road Company, entered series of writings, intended in effect to con- stitute a written contract with them. selves, acting inthe name of satd railroad company on the-one-side and in the name of said Crédit into a Mobiler on the other, for the construction and equipment of 667 miles of said rallroad and tele- graph at prices and on terms therein stipulate which 667 miles began at the western terminus 0! the Hoxie contract and extended Weatwardly, in- cluding the 138 mile8 already built and paid for at mach lower prices, The said series of writings consist of a writing porpe to be a written agreement between the Union Pacific Railroad Company and Oakes Ames, ested August 16, 1867, but not executed until the 1st day of October, 1867; of a writing purporting to be the record of roceedings of a meeting of the Executive Committee of the Unton Pacific Railroad Company, heid on the Ist aay of October, 1867, and of a writing, dated October 15, 1867, purporting to be an agreement in tripartite between Oakes Ames, party of the first part, Thomas ©. Durant, Uliver Ames, John B. Alley, Sid- ney Dillon, Cornelius S, Bushnell, Henry 8. McComb and Benjamin E, Bates, parties to the sec- ond part, and the Crédit Mobiller of America, party of the third part; that the objects and etfects of the arrangements provided for in these writings was, first, A DIRECT SPOLIATION ot the Union Pacific Ratiroad Company to the extent of about $3,000,000 of the stock and bonds of said company by a distribu- tion thereof among the said defendants without consideration, under pretext of a contract to build ana equip a part of said railroad and tele- graph which had been already built. canteped and paid for—to wit, 667 miles, beginning at ahd ron- ning westwardly from the 100th meridian—also to secire te themselves prices for said building and equipment greatly in excess of fair prices; also toe place the control of the road, in the event of any parties objecting to or opposing the said ar- Jagement, inthe hands of seven trustees—to wit, . C. Durant, Oliver Ames, John B, Alley, Sidney Dillon, ©. & Bushnell, H. 8.’McComb ‘and Benjamin a STILL ANOTHER LIST. The parties defendant, who were interested in the Oakes Ames contract as stockholders of the Crédit Mobilier, and who had complied wi rovisions, conditions and limitations centained in the assignment of said contract to the trustees under the same, were the followingfnamed per- sons, all of whom were stockholders of the Union Pacific Railroad Company as well as of the Crédit Mobilier of America, namely :— John B. Alley, Elizabeth Hazard. Oakes Ames, Elizabeth Hazard, trustee. Oakes Ames, trastee. Mary P. Hazard, Oliver Ames. Anna Hazard. Frank W. Andrews, Josiah Hedden. Elisha Atkins. ‘Aaron Hobart, Jr. Ezra H. Baker. Benjamin Holladay. Ezra H, Baker, Jr. Samuel Hooper & Co. Anna Horner. Henry Hotchkiss, Benjamin K. Hough. Barton H. Jenks. James B. Johnston, David Jones. John L. K Josiah Bardwell. Josiah Bardwell, trastee. Oliver W. Barnes. Benjamin E. Bates. Bent E Bates, trustee. Eli Beard. Sylvester M. Beard, Henty Biood. jamaliel Bradford. Gai William B. Bristol. ©. 5. Bushneil 4,A. Low. William H, Macy. H. 8, McComb. Oilver 8 Chapman. ©. W. MeCormick. Oliver Charlick. Robert G. 8. MoNell. ©. Crane. E, 0. Moore. ; ©, Crane, trustee. Charles H. Neilson. H, G. Crane, trustee of W. Frederick Nickerson. D. Train. Joseph Nickerson. William A. Cummii Thomas Nickerson. Samuel T. Dana. George 0} al John M. Ds “4 Fda hier in F ie . , cashier . B. William F. Day, cash Pani Pet se. trus Sidney Dillon. Joseph Richardson. Sidney Dillon, president, Henry A. Robbins. Anna M. Dodge. Royal E. Robbins. John R. Duft. Harvey Sandford. Thomas ©. Durant. ¥ H, Seranton Sewail H. Fessenden. Skinner & Co. Pierrepont B. Foster. sf L, Eugene French. 8 Fourth National Bank. John Gardiner, trustee, He io Gilbert. J, Gilbert, wart Thateher, Hor: sa E.W. Imore. Lydia Torrey, ‘William T. Glidden, Wine Devig train. }. ©. Gray. wekiel H. Trowbridge. H. W. Gray. Henry Trewbridge, James W. Grimes, gon ia Vernon. Rowiand Hazard $4 RWititams, wiand Ha: Mi. 8. Wil Isaac P. Hazat Martia Zbrowski. It is further alleged that they derived excessive rofits from the work performed under said pre- Fendea contract, and that large dividends were paid under it. fier reci| other contracts of similar lofty aim and reach, the complaint declares that all of said contracts with Hoxie, Oakes Ames and James W. Davis were not genuine contracts, but were mere COVERS AND DEVICES to ald the derendants engaged therein to fix thelr own prices for work and materials, and under an appearance of centracts to distribute among them. ge! ves thé property i that the issues of stock and bon were fraudulent; that the money of the company was spent for tnlawfal pur. poses; that larger numbers of dividends were made which are yet undisclosed amount: ing in all to $17,000,000 in exces’ ef the suins already set forth, but that these dividends and distributions cannot at present be set forth in detail; that defendants still hold the stock and bonds so distributed and divided; that all the various transactions set forth have ¢o' to reader the stock of the Union Pacific Kallroad Company of no present or near future value, and that it mow is put upon the market | ont naseea irresponsibly from hand to hand SHEET. at nominal prices; that the company exceeded Its powers 10 issumgits first mortgage bonds and ail of land and income bouds aud stock; that the raped to the Union Pacitte Railroad Company in acts af Congress were a trust fand for a public panos and that the United ‘sntes is entitled to certain rights and pesstien- ship therein, apd that am accownting ld be taken of the fair cost and value of all work done in constructing and equi; sata Toad and tele- grands that: the mers on ee ak of the road ear to ie interests of the United oat its citizens; that all the allot. men' abi ibations and dividends of stock of the ‘dit Mobilier and of . the stoci bonds and cash of the Union Pacific: recetve by several of the defendants were in fact and law received by them as the trustees of the rights ane To aiaiae Of others, Citizens Of the United THE PRAYER OF THE COMPLAINT. Alter waiving answer Phat except as to John as john er, beth Hi: ‘Frank Bxtaner, Josiah Bardwell F, Cutler, ers as ‘Frank Skinnes e Co.,” id Wii m id tr & Co.,” and William B. Stevens, and as fo T. 0. Durané, the Fourti National Banko New York, Oharles H. Neilson and Sidney Dillon (as Sakon ain es aid xcept Sto Blaney espiion ry President of the Crédit Yo a1 as Horace F, Union Clark as. President of the rk as lent of e Pacific Railroad Company, and except as to Benjamin E. Bates ag treasurer of the ex- ecutors of Oakes Ames, of whom answers to Foe! interrogatories are required, asks that all grants referred to be declared to have been public grants for. a purpose; that the Hoxie, Ames and Davis contracts be declared fraudulent and void; that the instrements promulgated by the company, and purporting to be mortgages exe- cuted by its apeiority, be declared unlawful and invalid; that accountings of varions works and expenditures be taken; that all bonds distribe uted among stockholders as profits be decreed @8 surrendered to the company gad be nm celled; that Durant, Oliver Ames, Alley, Dil- lon, Bushnell, McComb, Duff, Bates’ and the'trastees of Oakes Ames and other contracts be bound to make good to the company in meney the bonds and stecks improperly issued to them; that ail of the defendants who received any such dividends or allotments of bonds or stocks, and which cannot be feached by cancellation, but are in the hands of Jide purchasers be decreed to pay the ameunt’thereof in cash to the company, and, in brief, thatall and each of the defendants be required to account for all moneys, securities or bonds improperly issued to, received, retained or disposed of by thém; that all and each of the said deiendants and officers of the company be re- strained by injunction from doing all such acts, and that the subpcena of the Court be issued re- Tare all of certain individual. and corporate de- ndants named to appear before and answer to the Court, and to abide its decrees in the premises, The total sum to be accounted for will, ifa ver- dict be given against all the defendants, be pro- bably not less than $25,000,000, and interests in the litigation may be'transmitted, in all likelihood,.to the second generations of the posterity of some of the parties defendant. THE ATLANTIC WRECK. p See ees Divers Operating Successfally—Bodies Hoerribly Mangied by Blowing Out the Side of the Wreck—The Supposed Body of Mr. Fisher, of Vermont—A Seizure for Compensation. Hauiray, N. S., May 26, 1873, Captain Merritt, of the Coast Wrecking Com- pany, came up from Prospect last-evening, where the divers have been operating successfully during the past week on the Atlantic wreck. He reports @ large quantity of cargo still in the vessel, which may occupy the best part of the Summer to re- cover. The divers experience no little difficulty in getting at the cargo, in consequence of the sides of the wreck having fallen in among it,. \The blowing out of the side of the wreok re- sulted, as many feared, so far as the bodies of the passengers supposed to be still in the vessel were concerned, in having mangled them beyond all 4 Seta recognition. Divers say that heads, hands, arms, legs and feet torn from boriies from continual contact with the broken and jagged. iron of the vessel’s under tow near the wreck, were strewn on the bottom in every direc- tion. Even bodies that are found intact require careful handling less they fall to pieces while being hauled up to the surface, On Thursday a line was made fast to a body, but in the act of being taken up, the head was severed from the body. That same day Louis Guillander, of the wrecking company, descended for the pur- we of making an inspection of the wreck. edged in smone & quantity of iron stancheons and plates which had fallen in from the vessel's side was the body of a stout man with mustache, and dressed in biack clothes, evidently @ cabin passenger from the Reery gold sleeve button@and shirt studs, and watch and chain. An it was made to bring the Ups but the fron on the legs could not be loosene: without tearing the legs from the body. This the diver did not. want to do, as from the description Of the body-he supposed {t to ve that of Mr. Fisher, of Vermont. Another effort will be made to re- cover it, The body of a female and two bodies of male steerage passengers were recovered. The salvage portion of the corre recovered by the Halifax divers. ia being sold here and brings prices. The cai of the schooner Annie rewn, which had been chartered by the wrecking company to convey wrecked goods to New York, was seized yesterday by the Marshal of the Vice Admiralty jurt, at the suit of Edward Ryan, James Coolan and others, residents of Prospect, who claim compensation tor saving life and prop- erty at the time ofthe wreck of the Atlantic to the amount of $8,000, It its believed the matter ne be arranged by the company giving bonds STRIKE OF THE CARPENTERS, The Journeymen Carpenters and Joiners Still Struggling for “Eight Hou: Earnest Attitude of the Men Yester- day—Opposition of the Boss Carpenters— Excitement Among the Organized Bodies=A General Sirike Expected To- Day. The members of the various societies and organizations of carpenters and joiners presented to their employers and to the public at large a very earnest attitude yester- day, with the determination of securing the adoption of the “eight hour system.” This course of action has no doubt been the result of their spirited meeting last Friday evening in Republican Hall, when it was unanimously resolved that a general strike for eight hours should be made on or before to-day. The employers were taken unawares by this hurried and_ well concocted plan of ac- ould hardly be made cognizant yesterday that t spproaching when their workshops would be lett unattended to, An executive body met yesterday in a private rendez- id appointed sub-committees to carry out the ind plans of the society, which had beeti carefully ortant days to th they hold discussions and are buoyed up with tresh hopes by Sh encouraging opinions which each mangives he other, ‘On both the east and west side the greater number of the society men seemed to remain intentionally from work a ugh some violence was expected on their part numerous bands of non-society men still em) establishments, yet Some information i quarters to this effect, Su- perintendent Matsell pector Dilkes to tele- graph to the various en captains to be particularly watchful and prompt in case auy riot should arise among the strikers, orders, although to some extent neces- sary, were premature, for there seemed not even the in- tention of violence t At Munzinger’s y where the eight-hour men generally assemble, a number ef the most prominent memibers of the organization of the United American Carpenters and Joiners were hold- ing contin liscussions during the day, invariably déflounced the policy of those “bosses during the Winter gave their men eight hours, and who now pretend to be $0 pressed by, contracts as to compel them to work ten hours. Some “bosses” have been con- siderate enough to comply with their wishes by increas- ing the number of men in their employ, but all ten-hour shops are, according to the statements of several society men, to be visited to-day under the direction of a special cominittee, and the journeymen there employed will be solicited or aoe to leave , so that some serious trouble may be expected. At the ‘mania Assembly Rooms, Teutonia Hall, Military Hall and Demilt Hall, on the east side, various unimportant meetings were held during the early part of last evening. The definite action of the societies Is to be a ‘imeipal trades unions of this id ir conferences secretly, and vidually seldom make known their hence their strike is always unex- ways, boss carpenters and builders held an opposition preesing. Yesterday afternoon at the Mechanics’ and ‘raders’ Excl counteract the act journeymen, | It was the general fmow them that there was no strike im; ad been taken by surprise. They complained, as usual, of the stagnation ot trade and the pressing of con+ tracts, and said that fitty per cent of the carpenters were at present out of work, while the men canicres I ty cents an hour for ten considered reasonable. jer saw no reasonableness in the under every chogmenes. walked the streets te: 7 and to-di Tiga ois ncbiaed tik can pected, THE ARKANSAS OLIQUE, The Not Writ of Quo Warianio Not Yet Ghiained Against Governor Baxter. Lirtte Rook, Ark., May 26, 1873. Mr. Brooks having asked the Attorney General to apply for a writ of quo warranto, the Supreme Court was crowded this morning in expectation of its issuance. No-application was made, however. e, ener ley. ‘ol del the writ the Court, aes SARATOGA TROTTING ASSOCIATION, The Anndal May Mecting Yesterday— The Races, The seventh annual racing meeting of the Sara- toga Trotting Association took place yesterday afternoon at the Fleetwood Park Course, in West- chester county, and was the occasion of self-giori- fication for a small number of géntlemén who own only tolerably fast roadsters, but never are at all Hamble in regard totheir supposed merits. The day was, as every one knew, as beautiful’ as ought to be desired by mortal, the warm sun pouring a cheerful flood of light from the heavens, while playful and fragrant breezes ‘blew softly from the south and tempered the sultriness of the atmos- phere with a coolness that wae delietous. The heats were not Dromptly begun atthe ap- pointed times, and ail the arrangements seemed to be very far from that perfeetion which would have divested the day’s amusement of tediousness. THe’ racing was not concluded until aiter sx o'clock.’ The following ts the announcement of the tretters: entered to participate in the races:— H, Hell toré a g, Star Hen |. Holley enters #. g. Star Henry. 3. Doty chiers sm. Jessi 3 Owner enters br. m. E, Odell enters g. g. Badge: CLAss 2. J. Doty enters s..g. Mortimer. Owner enters br. g. Colonel Roberts, J. Paulding enters #. g. Bai A. 8, Odell enters bik, m. Lady spokes. Owner enters s. m. Fuzzy. 6 Chass J. Paulding enters bik, m, Teaser. Garner anese erg: Pious Beye A. 8. Odell enters. m. Dolly Varden, &. Frank. ra DIK. in, Jersey Maid. Owner enters b. g. Danoon. CLASS Owner enters br. m. Christine Nilsson, Owner enters b, gr Fred. Owner enters Joe Hoxie. E. ‘m. Frou Frou, The first race opened was that for fourth class animals (who had never beaten 3:15), and only Christine Nilsson and Frou Frou started im, it, the former winning both hears easily, in the latter the norses being harnessed to wagons, The bape, Se oe the first heat was 3:26 and of the secon The third class race (forhorses that had not beaten three minutes) was started between Frank, Teazer, Jersey Maid, Flour Boy and Dolly Varden, and the first two or three heats were quite in- teresting, In the first heat Frank was ahead at the hali-mile pole, but broke badly on the last quar- ter, coming in ahead, however, with a clean galt, distancing Teazer and Jersey Maid by only a few ACES, e time of winning was three minutes, jolly Varden was clear behind, and was sliut out from the rest of the race. In the second heat Frank again broke up badly, but came in ahead, al- most even with Teazer, and was declared winner amid loud murmurs of dissent. Time, 8:03. During the third heat Frank ran, instead of trotting, as he had done in the previous ones, and consequently passed the jadges’ stand ahead of his competitors; but Jersey Maid, who did the mile at a splendidly even ace, Was declared winner in 2:55%. Inthe fourth eat the struggle was confined to Jersey Maid and Flour Boy, all others having been excluded. It now became the phlees, of eager attention, After the half-mile pole Flour Boy, who had the outside position, made ‘a spurt”’ and passed the Maid, but. again fell back, He again retrieved his loss, how- ever, and came home about two inches ahead, ee in 3:03%. Jersey Maid was beaten by Flour Boy in the fifth neat in 3:04%4, but the strug- gle was hard. Another heat had to be trottea to we the race, and it was won by Jersey Maid in 207. The race for second class horses, who had not beaten 2:55, was begun by Mortimer, Colonel Rob- erts, Basil and Lady Spokes, The first heat was won by the latter in 2:46%, both she and Mortimer making the half mile in 1:20'%. Spokes is a pacer and mixed her gait, resting herself by changi it, and thereby caused great dissatisfaction among the crowd of bet~ ting men. In the next heat she passed the wire ahead, but was adjudged thira for this fault, Roberts winning in 2:44%. In the third heat Broke was again in ahead through her incorrigt- ble pacing, but Mortimer, who was next, was de- clared winner, in 2:47%, Colonel Roberts second and Spokes third, Mortimer won the fourth heat im 2:48. Mortimer won the fifth heat, in 2:50, and was declared victor of the race. Lady Spokes at the elose of the fourth heat was withdrawn from the race without permission of the judges, and was sentenced by them to exclusion m the course for one year. Fj In the race for first class only Gertrude and Star Henry started, The first heat was won by Star Henry, in 2:47. The second was won by Star Henry, in 2:4814, The third heat was won by Star Henry very easily, in 2:48'4, and he was declared winner o1 the race. DEERFOOT PARK. Opening Day of the Trainers and Driv- ers’ Trotting Meeting—Exhibitions of Speed—James K. Polk and Sensation the Winners. The trotting meeting gotten up by the trainers and drivers of this vicinity for the benefit of their Protective Association was successfully inaugur- ated yesterday afternoon at Deerfoot Park (for- merly Hall’s Track), the attendance being good and the sport of a satisfactory character. As the whole proceeds of the meeting will be handed over to the Treasurer of the Association—nothing being received by the owners of the horses—the events can only be termed exhibitions of speed. Entered for the first race were G. N. Ferguson's chestnut gelding James K. Polk (formerly Clondman), J. D. McMann’s chestaut gelding Fred, Dan Mace’s chest- nut mare New Berlin Girl, 8. 8. Hayes’ bay gelding Black Prince, J. H. Phillips’ sorrel mare Fanny Fern, Qwner’s bay mare Lady Baccnus, M. W. Olcott’s black gelding Contraband, William McMahon's bay gelding Coroner K., Alexander Patterson’s bay stallion Manhattan and George Wright's sorrel geiding Constitution. Of these James K. Polk, Fred, New Berlin Girl, Black Prince, Fanny Fern and Coroner K, started. Before the race Fred was the favorite over the fleld, $20 to $17. There was much diMiculty in getting away for the first heat, the word being given at the fourteenth at- tempt. Jaiies K. Polk, contrary to expectation, went to the front belore the quarter pole was reached and won the heat by two lengths, Qoro- ner K. was now the first choice, as it was con- tended Polk would beceme tired, but after a well centested mile, in which Coroner K, made several breaks, Polk came in the winner by two lengths. For the third heat Polk was the favorite— $20 to $7 over the field, Fern toek the lead, but before the quarter was reached Polk went to the front. and maintained the position throughout, winning the heat and race by two lengths, Coroner K, second, Fred third, Fanny Fern fourth, Black Prince filth and New Berlin Girl sixth, The mile was made in 2:36 44. The second event, or Class No. 2, had entered Benj. Mace’s ba: gelain Sensation, Jno. Lovett's brown geldin; ‘oung Bruno, J. H. Phillips’ bay ding Ed, White, John L. Doty’s bay mare Lydia Rromibon. Dan. Pfiifer’s sorrel mare Grace Ber- tram, and M. Roden’s bay gelding Castle Boy. But three started—Ed. White, Sensation and Castle Boy. In the pools, before the first heat, Sensation was the favorite over the fleld, $20 to $9. They got off at the second attempt, and at the quarter le, in thirty-nine seconds, Sensation was one length to the front, Ed. White second, and Castle Boy third. Coming up the homestretch, the first time around, Sensation left his feet, and the half-mile in 1:19 White was first, Sensation second, and Castle Boy as before. Leavin; this point, White went into the air, an before the three-quarter pole had been reached Sensation colared him, and, not- withstanding ther break, landed winner of the heat in 2:35 by one length, Ed. White second, two lengths ahead of Castle Boy. The sec- ond heat Sensation got off with the lead, and at the quarter was one length im frent in thirty-nine seconds. At the half, in 1:16, this lead was in- creased to two lengths, and, going along steadily, Sensation ;won the heat by one length, without a Skip. Castle Boy was second and Ed. White third. The mile was made in 2:33, There was no betting now, it being a foregone conclusien that Sensatien would prove the winner. They got away evenly for the third heat, Sensation going to the front on the turn, and, maintaining his advantage, came home one length in advance, thus proving the vic- tor. The Uke was made in forty seconds, the halfin 1:17 and the mile im 2:365;. The following are the summaries ef the day’s sport:— DERRFOOT PARK (FORMERLY HALL'S TRACK), NEAR BROOKLYN, L. [., MAY 26, 1873.—Class No, 1, mile heats, best three in five, in harness. @. N. Fergason’s ch. g, James Kk. Polk thea 16 ‘Cloudman),....... 1 William McMahon's b. g. Coroner K. 3. H. Phillips’ s, m. Fanny Fern. 4, D. McMann’s ch. g. Fred.... ‘Mace’s ch. m. New Berlin Girl b TANCE. «++ in harness. Benjamin Mace’s b. g. Sensation ¥ J. H. Phillips’ b. g. pbs TO-DAY’ TROTTING. The amusement of this, the second and last 4 @f the Trainers and Drivers’ ag ag Soe i imelude three races. First on the list, Ciass No. 3, has fourteen entries; Ciass No. 4, saddle race, has | STOKES LAST CHANCE. His Case Argued Before the Court of Appeals. A Three Hours’ Argument by Mr. Lyman Tres main—Judgment Expected To-Day—How the Caso Now Stands—A Now Trial at Oyer and Terminer or Besentence to Death. : ALBANY, May 26) 1873, In accordance with the provisions of the act passed by the last Legislature, directing that mur. der eases be placed first on the calendar forsrgn. mhent, and pursuant to the receht agreement of the Court and cou. néel, the case of Edward S, Stokes in error, vs. The People of the State of New York, in error, Was called this morning in the Court. og Appeals. All the Judges, except Judge Andrews, were present. The Court was crowded with spectators, among whom were Stokes’ father and brother, Mr. Lyman Tremain, Congressman-at-- Large, and Mr, Dos Passos appeared for, tha prisoner, and the people were,represented by Dise trict Attorney Phelps and ex-Judge Fullerton, Mr, Tremain opened the argument for Stokes and spoke for two hours and a half, The points made by the learned counsel were the same as urged in tie lower courts. Distriet Attorney Phelps. for the people in a lengthy address, It is understood _ that the arguments be coneluded to-morrow. ‘The Court will give its decision in about ten days. HOW THE CASE NOW STANDS. Should the decision on. the motion which was brought betore the Court of Appeals to-day for a writ of error and an order tor a new tri Be pdt the prisoner will be again tried in the jourt of.Gyer and Terminer, But df, as 18 ex pected, the decision be adverse, Stokes wilh. be taken immediately to the General Term of the Supreme Court, where the judgment whtch should have ordinarily followed the denial of his last me. tion fora writ of error by Judges Davis, Brady and Faneher still hangs over his head, and there ree sentenced to death. This appeal to the high Court exhausts the prisoner's legal chances should it be adverse to him, and with the Governor alone his fate will reat in that event. In ordinary cases resentence imutediately follows the denial of a motion for a new trial in the General Term of the Supreme Court, That formula. was, waved in the Stokes case, because his counsel con. sented to take the case tothe Court of Appealé fm mediately, and the Judges of the General Term granted themeclves.a certificate of error to Stokes as @ matter of right, 80 that the decision could be reviewed by the Judges of the Court of Fb nva ‘the original stay of meee ranted to Stokes. joah Davis alter by Judge N second trial still ABOUT THE CITY HALL. holds good. News and Gossip at the Seat of Munici« pal Government=—The New Chamber. lain Qualities and Files his Bonds— Two New Park Commissioners Sworm In—The Supervisors and Assistant Ala dermen. The Mayor’s OMice and the City Hall generally were quite lively yesterday, although there wag comparatively little im the way of actual proceed ings or meetings goimgon. There was the usual incoming and outgoing. all day of oMice-seekers and newly-appointed oficials. Among the gentlemem who called dufing the day were ex-Congressman W. C. Robinson, Supermtendent Matsell, Mr. James Kelly, School Inspector; Aldermen Cooper, Morrta and Falconer; Commissioners Moulton and Wheeler, of the Tax Department; Commissionera, Bissinger and Wales, of the Department of Parks, and an army of gentlemen of lesser note, Commissioners Bessinger and Wales are thé latest confirmed of the new régime of city oiticials, aud CALLED UPON THE MAYOR to qualify and formally assume thetr fanctions They were cordially received by some of the other oMcials, and having received their warrants of ofice, took their departure, Action on the names of Messrs. Church and Williamson for Park Com. missioners will probably be taken on Thursd: next. It is now quite certain that Mr. Church’s name willl be withdrawn, in compliance with his request, and it is not im} that Mr. William. aon’s name will also be wi wo, there ig Nothing positive concerning it known. Meau. time the names of quite a number of prominent gentlemen are being brought forward in nomination for the Commigsionership which will be vacant through Mr. Church’s withdrawal, among them being that of Mr. L. I. Phillips, a mer chant, millionnatre and real estate owner of this city. His candidacy ia urged by mai of the “solid” and wealthy men of the metropolis. He ia said to be a gentleman of fine attaintments an tastes, of good business qualifications, and one o} ba nies desires for the position exists in the fac THE OFFICE IS A NON-SALARIED ONE. Captain Albert De Groot, who contributed s@ largely to the creation of the Vanderbilt bronze and the Franklin statue, is also named as a probae ble nominee. - The new City Chamberlain, Mr. George W. Lan also called during the afternoon and qualified an filed the requisite bonds for the faithful performe ance of his very responsivie duties. It took quite a long time to arrange the business, as the transaction is a very important one, his ponda filled yesterday being for no less a sum than $2,700,000. His sureties are the following wells known gentiemen:—Benjamin B. Sherman, A. Py Ockershausen, George C. Collins, Thomas Monahan, William H. Fogg, D. Willis James, Peter Muller ‘and James Park, Jr. The bonds of the present Cham. berlain will in all probability be cancelled to-day, and it is likely that Mr. Lane will assume tie duties of lis new office this afternoon or to-morrow morning. It has not yet transpired who the NEW DEPUTY CHAMBERLAIN will be. He will be appointed by Mr. Lane. Chamberlain Palmer yesterday made the fotlow! ing statement of receipts, payments and balances for the week ending Mav 24:—Balance in the treag< ury May 17, $3,451,004; receipts from May 17 te May 24, $316,372; payments, $532,387; balance {mn treasury, $3,221 ‘This is robably, the last official statement that Mr. er render 2% Chamberlain. The Board ooken or met yesterday, and the session was marked by the presence of the Re« corder, John K, Hackett, who occupied his seat ag A MEMBER EX OFFICIO. No business of an oiiicial character was trans+ acted. In response to an inquiry, the tempora! President stated that the Clerk of the Board ha called on the Counsel to the Corporation to foagive whether he had as yet prepared his opinion en th organization of the Board, and as to whether the Mayor and Kecorder were not members ex The Corporation Counsel stated that the questio was a very important atid gtave one, as it ys into consideratien the vandity ef all fature action by the Board, and he was not yet prepared ta render his decision, but weuld do so in @ few days. ‘The Recorder said he had presented himself in his seat only under the assumption and belief trom examination of the law that both the Mayor and himself were still ex oficio members of the new Board as of the old. On motion the Clerk was directed to prepare the PAYROLL OF THE MEMBERS, and the Board then adjourned. The Board of Assistant Aldermen also held & Meeting, President Wade in the chatr, A resolue tion directing the Clerk of the Common Council to Memorialize the Legislature to amend that clause of the new charter ence ges | street improves ments except upon petition of a majority of the roperty owners fronting the line of improvement, by roviding that a request by the Commissioner Public Works for such improvement shall be cone sidered such a petition as to warrant the Common Council in ordering the improvements to be mad ‘was amended so as to read “Ulerk of this Board,’ and, as amended, was adopted, Aresolution was adopted protesting against the bee ofvhe New York Warehouse and Ratlway jompany bill, now pending in the Legis. ture, on the ground that it is @ menopolp and contains no clause giving supervisory wers toan, saa of the,municipal government, was adopted. ‘A resolution was presented authorizing the Clerk of the Board to petition the nat ie against the passage of the act which provides for @ loan from the city treasury to the extent of $2,500,000 to the Industrial Exnibition Com) , Whieh, alter muci, devate, was laid on the le. Aiter the transaction of some minor business the rd adjourned. BALTIMORE -BAOES. Selling Peols the Night Before the Con< tests. BaLTiMoRR, May 26; 1873. A crow4a assembled to-night in Barnum’s Hotel to hear Dr. Underwoed sell pools on the paces of to morrow. The first race will be over hurdles, theres being but two entries for the purse, Lochiel and Stockwood, the former being the favorite at 100 ta 46. The second race will be for the Preaknesa Stake for three-year-olds, There will be seven starters:—Mr. Belm Oakland and Perte winkle, selling as first choice for $25; Catesby Lo ies Survivor for $15, Joe Jehnson for $16, Artiat for john Boulger for $7. The third race, for mile heata,, te fas lock second Keene ‘True Blue third, Burmese feurth, Jennie Patterso: a? ta an tee eg a ° lay W 9 for ates er this évent, somapriatng Jonn Ror man, Gao, Lucy, Jackson and kdwit, They 80) equal figures, = © | aot