The New York Herald Newspaper, July 25, 1873, Page 8

8 THE COURTS. SHED AWNINGS LEGALLY CONSIDERED, take No One Has a Right to Use a Public Street | report for a Private Purpose—A Sweeping Decision by Judge. Monell. RESPONSIBILITIES OF RECEIVERS. A Nice Question of Law Upon. the Subject of Beinsurances. trust, and the pees A capias has been issued in the case of the United | French leave, it was, States vs. Edward Rorke, James Rorke and Ed | #2d not of the ‘ward Rorke, Jr., to recover $30.00 for alleged | motion to discha ‘Wiolation of section 1, act 9, March 3, 1863, and Other acts, Theso acts relate to the importation of | crime, and that he should goods. \) Francis Gustav Colberg and Frederick Plate were charged yesterday before Commissioner Davenport ‘with having smuggled into this port 100 dozen kid gloves by the steamer California. The gioves were found at 105 Greenwich street, where, it was sup- posed, they had been secreted, It appeared that the Gefendants had paid duty on fifty dozen pairs of gloves, but could not (as the prosecution claimed) account for the others. They were held to await the action of the Grand Jury, An important decision was gtven yesterday by Judge Mone.!, of the Superior Court, regarding the shee the cecision cited the general Court ove receivers had beou extended by the act #0 that the Court could now ordera reinsurance, and the reieree, having acted under the order of the.Court, was protected. He further argued that later acts, by providing ‘or other than quarterly reports and by providing that a receiver give reports when called on by the Court, had re- the earlier act. The receiver had made hrea rts already, and had askea areferee to State nis accounts. It appeared by these that the emount of cash i 4 te the credit Teceivershtp was about $26,000 last year. The Security of $50,000 was therefore aa Alter hearing the argument Judge Pratt reserved A NICE POINT OF LAW. ey en the 6th of July, , WAS cemt assault and sentenced to the Penitentiary for one year and to pay a fine of $250, During his term he ‘cacaped, and was at liberty four months, and on being recaptured the Peniten- tiary authorities sought to compel him to serve out the remainder of une: d term. Messrs, Howe & Hummel, counsel for the prisoner, brought the case yesterday into this court. It was claimed hat the Commitment was dated July 6, 1872, directed to the Warden to Beep the prisoner in cus- tody for the term of one year from that date. It she prison keeper was neglectiud of ner was bi }, as urged, fault of the jailer prisoner, District Attorney Lyon 0 d the rge the prisoner on round that the latter owed a certain sentence due his be compelled to suffer ie imprisonment prescribed, Judge Pratt took the papers. Decisions, By Judge Pratt. In the Matter of Habeas eley of Tuomey and Others.—I am not fully satisfied that conviction reiB cannot be sustained. tion to admit to bail pending De Witt va. de! Feaktse’ Masmton to open judgment SUPERIOR COURT—SPECIAL TERM, Decisions. ig ot Freedman. Herman vs. Herman.—Reference ordered to German Hansehel, to take proof of defendant's legality of erecting shed awmings in front of stores | Pecuniary condition. in the city. He held that no person has a right to occupy 4 public street for a privaye purpose; that these sheds are an illegal encumbrance of the street and a nuisance, The points of his opinion embody- ing his decision will be found below. «In the case of Michael Buckley, indicted, with two others, for the murder of Jacob Young on last St. Patrick's Day, in Seventy-ninth street, an application, it will be remembered, was recently Made before Judge Daniels, in Supreme Court Chambers, to admit him to ball, which was refused. Receiver, vé. The Resolute Fire Insur- — mpany.- and exceptions ordered on le. Fentenhire vs. Shepard.—Motion denied, with $10 costs, to abide the event. vg vs, Markert.—Motion denied, without coat In the Matter of the Petition of Aaron L. Cham- berlin.—The order of July 10, 1873, must be modi- ted by sophie 3 out the requirements that the pensaner Produce the books and papers named erel sight vs, Moore et al.—Order that plaintil be allowed $400, to be taxed and paid, Sprovie va. ScovillL—Order fet judgment for The application was renewed yesterday before | P! “wor and that the Sherif’s Jury assess dam- Judge Pratt, holding the same Court, and the fact Wilmerding et al. vs. Lester.—Oraer denying being shown that the accused did not inflict the | motion, with $10 costs. fatal wound, and, therefore, could not be convicted of a capital offence, he was admitted to bail, the gum being fixed at $5,000, SHEDS OVER SIDEWALKS. Their Constyuction Declared MIlega:— Permission by the Corporation for Their Erection without Authority of Helmbold vs. North Missouri Insurance Com. .—W, K. Winant does not justify in an amount cient to authorize discharge of the attachment, By Judge Monell. Hulse vs. Freicenhert.—Finaings and conclu- sions settled and reference ordered. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions, By Judge Larremore. Walker vs. Saiuoneen No authority exists to Law—Important Decision by Judge | grant this application. ~ Monell. As is well known, the firat thing a man doves ‘when he opens a grocery store—and it 1s also so in many other branches of trade, though more par- ticularly with grocery stores—is to erect a wooden shed in front of the premises and then occupy more or less of the sidewalks with his wares and mer- chandise. The legality of these erections has just been made a test question in the Courts. In the case in point Mr. John T. Trevor leased for nine years the lower story of the building on the south- east corner of Sixth avenue and Forty-eighth street to James S. Jackson. The building ts five stories in height, and the upper portion let out as “fats.” Mr. Jackson commenced putting up a ‘wooden awning fronting bis store, to which the lessee objected. Mr. Jackson had procured the proper permit from the Corporation, and, thinking he was entitied to go on with the erection of the shed, proceeded with the work, and this notwith- standing a covenant in the lease that he woukl make no alteration in the building without the consbnt of the lessee. He. claimed, however, that this was no violation of this covenant and that the permission he had received from the Superinten- dent of Encumbrances fully authorized him to go on with the work. Having no other recourse, Mr. Trevor applied to Judge Monell, of the Superior Court, for a temporary injunction § enjoin- ing him to discontinue tke same. With this injunction wes granted the ordinary order to show cause why the injunc- tion should not be made permanert. Upon this order there was a lengthy argument, and Judge Monell yesterday rendered bis decision. This decision 18 embodied in a very ably written opinion, ‘ihe material points of this opinion we give below. It will be seen that he decides that these structures are without any authority of law, that they cannot be legalized by the Legislature, that po one has a right to occupy the public streets tor a private purpose and that the long continued practice in this regard does Dot give it the sanction of law. JUDGZ MONELL’S OPINION. After reciting the iacts of the case and defining the statutes applicable to the same the opinion concludes as foilows:—“‘No case that I can find admits a power in the Legislature to legalize the use of a public street for private purposes. In the case before me the appropriation of a part of one of the public streets of the city is for an exclusively private purpose, The defendant, and not the public, will Gerive the beneft and advantage from the struc ture. He says it 18 needed to protect the goods in his store from injury by the sun; but it does not appear that he does not intend to also use the side- ‘walk veneath it as a mart for the exhibition and Bale of his goods. It cannot, therefore, be claimed that such use of the street is not inconsistent with the public use of the street, or that it 1s for a pub- lic purpose. The Corporation, holding the streets in trust for the public, have exceeded their pow- ers in attempting to authorize such appropriation, and the erection and continuance of the structure complained of is In my judgment without ag ot law. Any use of a public street incompatible with the pubic use, if unauthorized by law, whatever may be its degree, is a public nuisance. An appro- Ppriation of a part of a public river by an indtvidual without grant is @ pubiic nuisance. (Hoyt vs. Mayor, &c., 9 Wend., 671.) Soa continu croachment upon a street, though for the purpose of carrying on a lawful business, is unjustifiable. | * * S Itis not necessary that it sould be hurt- | ful to the health or noxious to the senses, * * * | it has been urged that an authority in the Corpora- | tion can be found in its long and very frequent | exercise of the power in different parts of the a; But judicially [cannot admit the force of this. If the Corporation has not the power the assumption or it im any number of instances will not create such power, It must be found to exist outage of its own practices and precedents. * * * My examination ie questions upon this motion has led to the sion that the permission granted by the | Corporation of New York to erect a shed or awning upon one of the public streets of the city is not and Was not authorized by la ing erected in such p! without sanction of law, nuisance, anc, as such, being injurious to the pri- Vate interests of the plaintiM, he is entitled toa continuance of the injunction, The fear expressed by the defendant's counsel that a decision adverse to the defendant might disturb a very large num- ber of similar structures, even if it was weil grounded, could not influence the decision in this oan but ido uot think that there is much ground for it, BUSINE:S IN THE OTHER COURTS, —-—+-___—. SUPREME COU21—CHAMBERS The Duties of Reeei Betore Judge Pratt. Application was made in this Court yesterday to ‘a@move Mr. William M. Tweed, Jr., from the re- weiverstip of the Commonwealth Fire Insurance Company. The application was made on the behalf of George W. Barnes, who was insured tu the company at the time it failed, and subse- tt 8 @ public | quently suffered a loss by fire. Mr. Tweed, under the order of the Court, rein ured al! the outstand- ing risks in another company ior about ninety-f thousand dollars, woed has not filed the quarter'y reports required aver : ip - | cards, with writing contained on the place in- by law with the clerk of the Court, that he has paid out over one hundred thousand doilers without legal authority, and that lis bond for $50,000 is in suMcient as security. Mr. Stickney, on behalf of the patitioner, claimed that, under a decision in 1947, the Court ttseif in such cases had no autuority, without the consent Of those jusured, to order a@ reinsurance ont of unearned premiums, It was their rignt to demand The petitioner charges that Mr. | back the unearned premiums, The payment of the | $95,000 was, therefore, illegal, He claimed further that section 42 of the act for winding up tnsvivent concerns required the receiver to file quarterly Feturns, and that on a failure todo this, unless excised, the statute imperatively enjoined on the Court the removal of the referee. Mr. Tremain, on behaill of the receiver, claimed that the petitioner vot haying had the amount of his claim, or its justice judicially determined, waa 10 Ho baKiion to mage the aoplicution, and’ that London vs, Moores.—Application must be on notice to the creditors, Marston vs, Ferguson.—The remedy must be sought spataae defendant on his oficial bona. Monnell vs. Higgtns.—Motion granted, with leave to defendant to serve amended answers. ities va. Nicoll. Judgment of foreclosure and Bale. Sands vs. Sands.—AMdavit of service 1s defective, COURT CALENDAR—THHS AY, Sorrems Court—Cuampers—Held by Judge Pratt.—No#. 6034, 67, 101, 142, 152, 165, 167, 168, 149. BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. A Churchyard Waif. Before Judge Barnard, In June, 1867, Mr, W. T. Browning and his wife adopted an infant boy whom they found iu Green- mount Cemetery, Baltimore. The little onc haa been abandoned by @ man and woman, who, as far @8 could be ascertained, drove to the cemetery late one night. The foundling was named Clarence Browning; @nd@ &a the couple had no children of their own he Was treated as if he were their own son. A great change has taken place since that time. Husband and wife have separated and the home has been broken up. Mrs. Browning came to Brooklyn to live, and is now abont to sue for an absolute divorce from her husband, Little Clarence is still with her, and yesterday she made application to Judge Barnard to be appointed the genera! guar- dian of the boy pending the sult, fearing that her husband might attempt to take him away. The @ppiication was granted. Decisions. By Judge Barnard. © Davison vs. M. Grimes.—Order appointing C. Jones receiver. Relerence to B. Hagner to take Proof. M. Corbett vs. J. B. Beahan. —Motion denied; no costs, Leave to renew alter thirty days, Cc. P. Durant vs. J.J altacbmont denied; $10 costs, MUNICIPAL AFFAIRS. The Uptown Assessment Investigation Commenced—Miscellaneous Matters. The duiness in the various departments of the municipal goverament has become chronic, and there is nothing of startling import transpiring in any of them. Mayor Havemeyer had his usual number and variety of callers yesterday, and ro- ceived, among others, @ delegation of the newly formed German-American Association, who re- quested him to be present and address the assem- biage at their mass mecting to be held at Terrace Garden on the evening of the 29th instant. His Honor promised that he would attend, providing no ‘unforeseen circumstance intervened, The Special Supervisors’ Committee, appointed to examine the assessment rolls of the ‘I'welfth, Nineteenth and Twenty-second wards, and con: sisting of Aldermep McCafferty, Kocn and Cooper, held a meeting yesterday and organized by elect- ing Supervisor Koch President. The tax bvoks of wards tn question were spread on the tables of the chamber, and a targe force of clerks was engaged in “extending” and making transcripts of the ac- | counts, Quite a number of persons called during the day to enter their protests against what they believed to be an anjust and excessive assessment of the valuation of their property. The committee will proceed squareiy to business to-day, at eleven o'clock, and all complaints of property owners will then be formally entertained and examined, ‘The pew Commissioners of Accounts, appointed under the charter and consisting of President Wheeler, of the Commission of Taxes and Assess- ments, ex oficio, and Messrs. Bowland and Howe, yesterday actualiy opened their crusade on the city’s account books, beginning with the Finance Department. and extended, Tney are at present engaged in the determination of the actual amountof the bonded, funded and floating debt of the city, COMPTROLLER’S RECEIPIS. Comptroller Green reports the foliowing amounts paid yesterday into the city treasur: BUREAU OF COLLKCTION OF ASsESSunNTs. Asseasments for street openings and improvements ADA MMUCTCSE. cece cvsece se eee tesieeeeess B10 M69 BORKAU OF ARREARS, Arrears of taxes, assessments, water rents and in- terest... . fi . 9,208 ues OF City RkYESUK. Market rents and fees. *8Y8F + 1,089 AURKAU OF WATRIE Croton water rents and penalties 23,030 COMMISSIONER OF PUBL Permits for connections with sewers, MAYOR'S Permits for street st Licenses and tines nveKaU A large number of persons availing themselves | | Of the pos ‘cards, and their tmportance as a say- ge, rendor necessary some explanation ing in pos . Bush.—Motion to vacate | Their labors will be very fatiguing | NEW YORK HERALD, FRIDA —-——— NO LICENSE TO KILL. | No More Poison To Be Dispensed by Wholesaile— Curious Revelations—A Cherry Street Dance House and a House for the ‘Best Peo- ple”’—Shifting the Responsibility—Im- portant Appointments To Be Made by the Sheriff Un- der the New Law. For the last few weeks the Excise Commissioners have veen flooded with applications for the renewal of licenses to sell spirituous liquors under the new Excise law from all classes of persons, from the proprietors of gin palaces dn Broadway down to the keepers of the vilest dens on Cherry and Water streets, Where liqaid poison has hitherto been dlapensed with @ liberal band, while the authorities and the public looked quietly on nd moralized on the _ INCREASE OF CRIME and the large number of tenement house horrors daily furnished for breakfast, A HERALD reporter had a long convereation yes- terday afternoon with a gentleman prominentiy connected with the new Board of Excise Com- missioners, who supplied the reporter with some valuadie information. ‘The reporter's informant stated that the Board of Excise Commissioners have the record of nearly every saloon in the city, and they number in the neighborhood of eleven thousand, so that they can easily tell where they ought to granta renewal of @license and where they should withhold it. He added that the majority of liquor dealers do not complain of the high rate ofthe license tax under the new law, and it does not include the internal revenue tax, because all respectable tradesmen say that the man who cannot afford to pay $50 every year for a license cannot live by a legit- imate liquor trade, and the sooner he is put out of the business the better for the community. The re;orter asked :— “Do you think that the Commissioners will grant licenses to these ‘dance houses,’ ‘distilleries,’ ‘bucket shops,’ or whatever they are culled, in the down town wards ?” The answer waa emphatically. “No, sir, I guess not. They have refused @ good many applications al- ready. Most of these places never had a license. They lived on ‘political influence;’ they were too poor to pay license and so on, but they are doomed, “Q1XING LIQUORS.” The roporter’s iniormant then continued to ex- plain that the Excise Commissioner bad learned that there were certain dens in some of the down- town districts, particularly in the Fourth ward, where liquor, or, a8 they supposed, some poisonous stuf, was dis) wed for two cents per large glass, They made ailigent inquiries and learned that this stuf was Ruronsaea for a Dominal sum from large liquor dealers on Broadway and on the avenues. ‘These latter, it was discovered, where a large liquor trade 1s done, keep & hago swill tub under their bars into whichis emptied all the dregs and residue ot every kind and quality of liquor, irom champagne to lager beer. The leavings in glasses after customers had been served find their way to the same repoaiton and the extraordinary com- pound is sold to the keepers of low dens along shore and there retailed as ‘imported liquors,” ag may be learned from THE GAUDY YELLOW WINDOW BLIND, at the extraordinary cheap rate of two cents per “Will the Commissioners grant lisenses to the venders of this compound?” asked the reportor. “No, sir,” was the answer; ‘that is setticd, We caunot afford to have our people puisoned by whoiesale."" rter, “is it the intention “Now,’’ asked the re; of the Excise Commissione:s to grant licenses to those dens of thieves, houses of prostitution and dance houses in the Eighth ward? “The Commissioners are considering seriously on this very subject. They are doubtiul but that it may be the lesser of two evils to grant some licenses, subject to close inspection from jegally constituted authorities.” “What do you mean by legally constitated au- thorities “Well, you see, this new Excise law givos the sheriff the power to supervise liquor stores, and to appoint Deputy Sherifis who shall oxercise pro- per sciutiny and determine who shall have licenacsa granted to them.” “Sas any application been made to the Sherif yet to appoln such officers 1” “Taat [do not know.” SHIFTING THR RESPONSIBILITY, The reporter subsequently learned from Sheriff Brennan last evening that a verbal message had been sent to lim asking him to appoint special deputy sheriffs to act in the matter of these iuquor stores. This waa, of course, a duty the Sheritl by no means liked, nor as a prominent politician did | he care to take the responsibility of incurring the anger of the liquor men. He sent word to the Ex- | cise Commissioners that he could not even con- | ceive what duties were required of the special | deputies whom they wished him to appoint, and ho could not nominate them. Yesterday he in- formed tie Commissioners tnatif they would send | in to him a list of the persons whom they wished {o act _as special deputies in the matter ho would swear them in as specials under him, but | tuey should act under the Excise Commissioners | and be responsible to them alone. The Sheriff says that the Excise Commission of the city and county of New York 18 TOO IMPORTANT A BODY to be opposed, and he is ready to accord them any assistance in his power in their edorts 1or reform. Meantime the Sheriff bas not yet received an an- swer irom the Excise Commissioners to his last communication, but it is probable that the list of persons to be sworn in as special deputies to in- spect liquor saloons and determine who shall‘have eee wiil be made out at the earliest possible | aie. VAN NORT ON CiTiZENS? COMPLAINTS. States The Whole Question of Well Paved Streets Turns Upon Appropriations An Answer from the Board of Estimate on the Cutting Down Pian. Commussioner Van Nort, of the Department of pavements :— Derartuxnt or Puatic Works, Commissioner's Orrice, Roow 19 Crry HALL, July 23, 1373. Hon. Witttam F. Haveweyer, Mayor of the city and Chair- man of Ketimate and Apportionment — Dear ‘umerous complaints are being con: received by this Department from property owner: Tesiden:s and from the Police aud Health Departments ondition of #veral of the woodcn pavements of the city. “That many of these pavements are in acon: | dition dangerous to lite and property is beyond iD. | One of the sanitary inspectors of the Board ot Beaith, reporting on the th Moore street, says i— “Tt is ie a condi health. ‘The w. tat pavement are broken and out of place are gone. This condition causes sover: and’ stagnant, water, which tmeasure 3x4 toot, 4x10 feet, 3x15 tect. 12x15 fect and 15x20 hese pools Contain not only sta; but also coilections of garbage unde Posiion and exnaling offensive ‘This deseription, T regret to sa, of the present cond'tion of seve ad detrimental to ni Teer. nt water and mud, going moist decom- Anes.” . isa fair representation (of the streets of the aved with wooden pavement. The matter is one requires prompt and efficient atiention Department, is by the charter, charged with the | ance and control of paving, repaving and repair- nd keeping the same clear of obstructions.” » however, provides that “uo expense shall rel by any of the departments, boards or oMi- reol, Unless an appropriation shall have beeo previously made Without an app this Department can ti no ac whatever looking to the execution of evea the most necessary repairs of the pavements of the streety, and any action i ean in any circumstances take this purpose depends upon the extent of the appropriation previously made therelor. There are 1 square yards of wooden Pavements, whic Jutan aggregate cost ot | jeerning sol expen: ‘or this purpose, | If 82,254,478 St. To maintain thess pavements ima proper Contition at loast B09) suare yards on renewal would | executed in cach year, and if done with the | etically treated, would entail on y an onnual expenditure of $32),00) Considerivg esent condition o: those pavemenis and their por nature, L think that this would be & useless ex i UPON Links CON 10 FeCO ithe inauguration of a pr fo: the gradual removal of thee the substitution Werefor of sto mon Council had not, howe lature failed to authorize mend perte Until some such mend to the Common rly devised scheme ements arul ‘Lhe Com paven the power, and the Legis ‘arrying otic Of my recom: wally cMiciomt scheme to of the intent aad purpose of the law, Some parties | have recently tried to transmit some of these nded for th Jaw, but the ex Au opinion way Who sustains Postmaster James in every par lar in the following letter :— Post Orrice Dev. y che sender, rt \ THENT, APPOINTMENT Oveicr, ) D.C. duly 28, 1878. "5 Fia—In reply to ye aay that any addith the face of & postal letter rates of postage. ddrers on i except at reste y JW. MARSHAL! Firgt Assistant Postma ter Ui T. M. Jaure, Eoq., Postmaster, New York The annexed oMeial ruling by the Department was made recently and 1s important for everybody to know :— The law contem thorizing the issue of postal cards does not the addition of any matter other than ay be printed or written with iter is attached to a postal ca: ¢ pencil the card should be treated ana letter and beld tor post! age atthe mailing oMes, bur reaching the office of de- livery it ve treated as wWhylly uupaid and double letter rab Wad an dalivery tC have to | eme is devised and duly author. ized it appears to me to be the imperative duty ot the offivers of the city to seo thal, where absolutely required for the ¥ot the public, pavements are prop- er | ¥, and with the view of providing for the | this work, T ask FOprAAtion his estimate was subini alter a care xaimination, which sativfed Vat at least 19,151 yards ot pavement must te i ely repaired, and | to exeente which in the most er al MAGNO p rsa * | ble would cost tie a Vitor by me. Witoat nthe sulyect Lam ad Board of Estimate and ¢ Apportionment has reduce timate otto Wal! This action of the Byaid taken on the advice and Jaton of the ¢ oller. Tt it ig the nal tae Board, I, of cour-o, nast submit, but [ eat 0 without spectal atvi 4: ated the work you ‘hat for the sum to ar This | cannot be pertorme: ply fostering and Increasing e acrive agonc to epivemic diseases which are alec “4 in our unidst, alroady tco fa nerom Ttrast this important matter will receive your early "nae a ant oes gcto have the same, | On as early a date” as possible, masidered by the Board of Estimate and Apportionment | Very respect: | | fully, yours, BORO AN hORr | Commissioner of Public Works | A lecture will be delivered this evening at the rooms of the New York Ltbe Jub. Pliranton Bauiding, ork itheral Club, Pl | ae: | of Kings a wit, the sum of $60) or thorea! Y, JULY %, 1873.—-WiTH SUPPLEMENT. BROOKLYN TRUST COMPANY. ‘What Was Done by the Directors—An Interview with D. P. Barnard—The Affairs of the Company Should Be Put in the Hands of an Assignee—What a Brook- lyn Lawyer Has to Say. The meeting of the directors of the Brooklyn Trust Company on Wednesday evening and 80 much of the action thereat as was given to the public through Mr. Chauncey were the prevailing topic of conversation yesterday in circles affected by the suspension of this company. The burden of the talk was not very crealtable to the directorate, ‘The general impression is that, if the company is a8 solvent as it is represented to be, the directors are wealthy enough to guarantee the depositors and by this means resume payment at once, Their comparatively timid action has strengthened the supposition that the worst is not yet known, and that the affairs of the company are deatined to go through the filtering apd eliminating process of bankruptoy. In support 1 this view is the filing of anew petition in bankruptcy, the main points of which are given below. It is sald by those who have o right to know the significance of their statements that this is the only way in which depositors will ever obtain a cent of their money; and, further than that, it is also said that there is an injunction granted by Judge Pratt, restraining the directors from paying any money out. All this is, if true, very gloomy, and looks very much as though the Brooklyn Trust Company would follow in the steps of the Central Bank, whose affairs are still in bankruptcy, AN INTERVIEW WITH MR. D. P, BARNARD, A reporter of the MERALD saw Mr. D. P. Barnard yesterday, the attorney for the petitioner in bank- ruptcy, whose petition is given below. In course of conversation as to the affairs or the Brooklyn Trust Company he said that he regarded the peti- tion of Mr. Allen as collusive, and that it was filed in the interests of the directors, principally of Judge McCue and = Mr. Kingsley, and that it was to prevent a full investigation teing made. He was more convinced of this by the manner of the oficials at the United States Clerk’s oMoce, who did all they could to induce him not to file the second petition, He believed that the petition he had filed woaid take precedence of Allen’s, because it recited the fact of a creditor drawing out his money on ‘Tucs- day—the day of Mr. Mills’ death, and when the in- stitution was bankrupt. The turning over the affairs of the company to @ receiver was tn itself en act of bankruptcy. Great confidence was luced by the directors in the Supreme Boure hee) who, it was thonght, would do their bidding. But in this the direct- ors would be mistaken, for, if eae ngs pro- ceedings would be commenced in the United States Court. He thougnt that the only way to tind out the real state of aflairs was to put the affairs of the company tato tre hands of an assignee in bankruptcy. He said that he had never known 4 bank that had failed that had not promised to pay their depositors in full. The Central Bank did that, But, supposing they couid, they have no power, as there ts an injunction to restrain them. A TALK WITH A BROOKLYN COUNSEL. A HERALD reporter yesterday had an interview With @ prominent member of the Kings county Bar concerniug @ rumor afloat on the street to the effect that the measures to place the Biooklyn bankruptcy were not satisfactory to tain depositors and others. The result of “the talk” was in substance as subjoined:—“In conver- sation with certain depositors of the Brooklyn ‘Trust Company to-day I have ascertained that ti petition now on fille with the Clerk of the United States Court, drawn up by ex-Assistant District Attorney John J, Allen, 18 nut satisiactory to tiem. in other words, they are desireus of having the pe- tition emanate from avother source; and in order ta effect this end they propose to aute-date the act of bankruptcy on the part ofthe irus, Company by having some depositor come forward and mako ailidavit that upon taformation and belie: the insti- tution was bankrupt on ‘Thursday, July 17, a day prior to the making out of the petition now on file. an you inform ime whether such @ movement is un foot or pot?" “tam not connected with the case in any man- per, but | have heard of such a petition as being likely to be made. It may be that there exists grounds upon which to base suspicion as to the un- fairness, or bias at least, in the present instance, in the mind# of some Of the depositors, For my part, however, 1 should say that it would be ruin- ous policy On the part of the depositors to seek to plac. the institation in the position of bankruptcy, for this reason:—They would be compellec to await payment for an indefinite period. Tne receiver, who is regularly appointed by the State Court, would unquestionably contest the right 01 the ap- pointment of the assignee in bank-cupicy to supersede him, and iegal tilts would foi- low, 380 that it might be months, even years, before a detiuitve conclusion could be arrived atin tae premises, By all means, in may judgment, turough tae receiver Is tie shortest way ol ueposi- tors reaching their money. It witnesses were to come forward and Make good their assertion that the eden was insolvent prior to the filing of the present petition (which ts regular), 1 do not doubt but that they would take precedence, however.” “What would the appointment of an assignee in bankruptcy in this case be worth, think you’ “Well, L should say between tea and tweive thou- sand doliars, not less. No alarm should be felt, Tne stockholders are all compelied to make rood the amount of their stock to tue depositors, and as they are capitalists and men of good standing in the community 1 can see no cause for alarm.” “That may all be very true, sir, The amount of capital represented by the stockholders is very great, but at tke same time individual depositors whom | talk with naturally ask, ‘Why put otf the payment of our money (aud then promise to give ‘us but flity cents on the dollar) until the lita of August?” Why not pay to-day? Why prevaricate, when there caa Le no reasonable excuse given lor such @ course {7 “It is essential that the receiver, whois a strictly honorabie man, should be in. posseesjon of all the Jacts, igures and sccount books ol the depositors, and in order to de this the date of payment has been set down as August 11. You see the direc- tors desire to do justice to all parties.” “That may all be very true, sir; but then men who thus find themselves cut off frum that which a iew short days ago they regarded a8 available funds very naturally ‘xmgerly’ accept the patent | excuses Of suspended mouetary institutions, Cer- | Public Works, has sent the following letter to His | | Honor the Mayor, in relation to repairs to wooden tamly the experiences of the past few years have hot been of a character much calculated to inspite any extraordinary confidence in men in position, when ‘sell-interest’ can be clearly shown.” “True, indeed ; but the depositors are safe in this instance, The stockholders will hold a meeting saortiy and discuss the case in all its bearings, When other measures may be devised.” THE SECOND PETITION IN BANKRUPTCY. Another petition tn bankruptcy against the Trust: Company was filed in the Clerk's office of the United States District Court yesterday by D. P. Barnard, counsel for Henderson Benedict, a uate of the company. Tho petition 1s a fol- ows — To the Hon. Cranues 1. Ruxeoter, Judge of the District Court of tho United 4 for the Eastern District of New York :— The vetition of Henderson Benodict, of the city of kiyn, in the county of Kings and state of New York, uity show's that he Is a ereditor of the Brooklyn ‘company, who for a od of twelve month: preceding tho dite ot the filing of this petition ried on busine s at the city of Brooklyn, county ot ings and State of New York and district aforesaid; that said) Brooklyn ‘Trust Company is a corporation duly, creaied under the provisions of an act ot the Legislature of the State of New York. That your petitioner's demand is provable against the said n ce with the tt Company in accor Brook:y' visions of the act of Coneress biish a uniform system of banxrupte t a"? supryyed Marci 2, 130 rd ‘AN act to y throughout the that he believes: ainount exceed er's demands o: and that the mount of $2 haiare of yorr petitione and avainst the satd Brookiyn ‘Trast Company as follow: ‘That on or about the ith day lay, A D.. 1878, deposited with th} said Brooklyn the sum of $75); between tha: of May, A. D. 1878, and the 10th day of July, A. D. 1878, your politioner has received from the ‘Wrooklyn trust Company the sum of $32) on account aid depos 4 that there now remains due an owlagto your petitioner from the said Brooklyn Trust Company on account thereot the sum of $430. And v ye 3 E uoner furtbor represents that within six calendar months next preceding the date of this petition | the raid Brooklyn Trust Company did commit an act of bankruptcy within the meaning of salt act—to wit, thir tho ‘sald Brooklyn Trust Company within the | perlod aforesaid and within sald dhiriet—to wit, on the ih day A. Is73—being bank. July, and “in contemplat! ly lon of bankruptcy, did James Borden and Stephen Condit, he firm of Burden & — Conait, Court street, in the city of Brooklyn, tn the county of New York, a payinent of money, to yuts, with the inten wive a preference to said Borden & Condit, credivors of said Brooklyn trust C herotore you vs that the said Brook- lyn ‘Trust 3 eclared a bankrupt, and thata warrant may be issued to take possession of its estate: that the same may be distribated according to jaw, and that such fursher procecdings may be hud thereon, as the law in auch case precorihes. HENDERSON 8) CT. D. P. Banwann, attorney for petitioner, Ii and 179 Montague strest, Brooklyn, THE WORKING BOYS. Meeting at the Cooper Institute—Still Hoping for Sucec The Working Poys’ Protective Association met in Cooper Institute last evening, Charles Berliner | in the chair. The Chairman said he hoped the boys would not be disappointed at not getting a ball ground just at the present time. If they did not get it now they would get it next Summer, Ali that was necessary was to bold together, and the Association would be sure to accomplish ita object, Some ladies were opposed to allowing the working boys to play bali in ‘‘ompking sauare, but they tres renee owes debts to au | the sum ©. $30; that your petition. | Ory names to 4 petition of theirs for name that the ladies could obtain. itary, John F. Finnaghan, satd this was meeting- betore they would obtain permission ‘Their princt; could get every one The ‘the last the from the Perk Commis- slcners, pal wim now was to get as mi new members as possible, and then they Would undoubdtediy be able to get more baths next ar. New York was the largest and richest city the United States, but its working boys were, nevertheless, without facilities which boys of other cities bad catered. for a long time. It was thought best not to again on the Park Commissioners, as they had promised to ee them Tompkins sqaare as 800n as possible. He thought the Com- Inissic hers would give them a favorable answer, in Spite of the opposition from the ladies, and it was Peron that @ compromise of some sort would be A number of new members and the mecting adjocrna were then enrolled A MINNESOTA LAND GRAB. pRB tt ASmall Credit Mobilier at Fort Snelling—How Frank Steele & Co, Secured 6,300 Acres of Tend for WNothing—A Job, Com- meneed Under Buchanan and Floyd, Consummated Under Grant and Belknap. ‘The St. Paul Deapatch of the 19th devotes two and @ half columns to an exposure of what it -calls the Fort Snelling swindle, wiich culminated last month in the sale ofa part ef the reservation in Minnesota for $200,000, The story is summarized thus briefly :— TOE ORIGINAL FORT BNELLING RESRRVATION consisted of 1,300 acres. Ia June, 1857, Franklin Steele, who was then running the Fort Snelling terry, made an agreement with an emissaty of John Buchanan Floyd, Secretary oi War, to puichase the whole of this reserved tract for $90,000, ‘Tbirty thousand dollars was to be paid in cash and the balance in two and three yeurs’ time, without in- terest. No title could by law be given to Steclo until the fall emount was paid. Pending the pay- ment of the consideration a member of Congress, who had some acquaintance With the vaiue of the reservation, moved inthe Mouse that 8 committee be appointed to investigate the sae, as he believed the amount received by tho mmeut was greatly below the true value of the land. The committeo was appointed, and after a thorough mvestigation reported in substance that the thing was A OLEAR CASE OF SWINDLING. 1¢ was found that one year previous Steele had made an offer to Jefferson Davis, then Secretary of War, Of $110,000 for the tract, or $20,000 more than he inally agreed to pay, which offer itad been re- jused. Tne value of the reservation, without the buildings, was estimated by competent judges at trom $400,000 to $600,000. Steele and his partners had offered to sell one twenty-seventh of tne land to another party for $25,000, or at the rate of $675,000 ior the whole. The government buildings on the reservation were wortb, at the lowest figure, $30,000. Besides these build- ings there were others erected by Steele, or purchased by him from private parties, but which, being on government land, did not be- long to Steele, but to the goverumeut. These were < Whole property was $5v0,000 at very least, and rodably could have been sold for $400,000 or 700,000, The price which Steele had agreed to great possession was only $90,000, ) cash had been duly trans:erred. Of the balance not a single cent has ever bee! pal but, on the contrary, the government has refunded the original $30,000 and more, too. THE ACTION OF CONGRESS, On June 4, 1858, the House reached.a vote on the resulutions a3 amended, and the following was adopted :— Resolved, That the management of the salo ty the agents authorized by the Secretary of War to coiluuct the same was injudicious and improper, and resu.ted, by Feagpa of \ts want ol vublicity. tn the exclusion of that competition among persone desiring to purchase which, ‘cumstances, sho:ld have boen permitted, Yeas 123, nays 64, Roaclycd, That the terms of sale adopted by tho agents appownted by the Secretary of War to mak sald calc are ay for this The Pao 000 it proved of—for the réagons, first, that a credit un- rized by law was given to the ya ers: and, thatthe right of posses. fon after the sale, re: se served to the fal: sale ata hesolved, ernment, was calculated to prevent a price, That the evidence taken by the peer com: y cneures I respect ot the y be of in View of the facts coveloped by such evi- rie public interests require. nays OB STERLE PUT LX POSSESSION, What were tho results? In the face of these resolutions, with the testimony in his hands show- ing the iraud of the whole transaction, the infa- mous Floyd, on the 9th of July, 1858—a littie more than a month aiter Congress had repudiated and denounced the sale—deliberately plased Steele in possession of the fort. He had paid but $30,000 of the $90,000; the law provided that no title shouid be given until the consideration money had been paid; but,in the face of this law, in tne face ot the Congressional exposure, still owing $60,000 on which he was to pay no interest, Stecle entered into possession. The order to transfer the fort to Steee is addressed to Captain A. W. Keynoids, A. Q, M., Fort Snell.ng, and 1s signed by T.'S. Jessup, Quartermaster General, by order of the Secretary of War, and bexrs date of July 9, 185%. The transier was made on the theory that the govern- ment did not require the fort tor military pur- poses, and yet to-day, nearly twenty years after the sale, the government 18 stul using it for wili- tary purposes. SHERMAN’S IDEA OF TERMS, To anticipates the run o/ the narrative a bit, the matter was referred to General Sberman. Ou May 26, 1866, he gave his opinion that “Mr. Steele is not anxious to 1ulfill the terms of bis agreement.” The General adds :— A fair compromise should be made with him (Steele), and none would be niore tair than to credit hin wiih the money paid—$2,000—with interest, and charge him with all moneys received by him. He has had the uso of the valuable ferry privileges, and has had the benefit of other rents atid profils, and should make @ declarative statement of the amount and receive the balance due im, If this plan had been followed, Steele, instead of yee 6,300 acres and his $30,000 back, would ave Nad to pay the government for a balance, lor the receipts {rom the terry during the war were enormous. WORKING WELL FOR STEELE. The Despater charges that to increase his profits Steele, when the war broke out, succeeded in having Fort Snelling made the rendezvous for Minnesota troops. It says:— ‘There was abundance of vacant land around St. Paul. Camps could have been readily formed and cheap buildings erected, but the designation was made to lort Snelling, Adjutant General Join B, Sanborn, in his report of January, 1862 (Ex. Doc. Minn., 1861, p. 82) say: Timmediately made efforts to secure the old post of Fort Snelling for the purpose and succeeded in securing the same, with the understanding and agreement with the PATIY 19 postes.ion that tie otate shoald have the use of it tor military purposes without expense, General Sanborn issued his first order April 27- 1861, and said :—‘Uaptains will report to the Adju, tant General at Fort Snelling.” ‘The fort Was now used as a rendezvous but by the State authorities, to whom it had been tend- ered free of expense. Something more Was necessary. The plotters wanted to have THK UNITED STATES ROPED IN. Finally, about Jantary, 1862, an order was ob- tained irom the War Department at Washington designating Fort Snelling as the recruiting rendez- vous of the State militia and volunteers, The trap was sprung; the thing was fixed. Frank Stecle was deriving an immense income from the ferry at Fort Snelling. The travel to and trom tle fort was enormous, Strings hall a mile long of vehicles had to wait to take their turns in crossing. Frank was quietly charging up his rent to the government. The next neceasity was that the War Depart- Ment should look favorably upon Steele's game, As long as Secretary Stanton held that place his clear perceptions and unflinching integrity pre- vented action rm to the grabbers, But they were paticnt. They bided their time. They qhety untd long after the war closed. They chic: RELIED UPON ALEXANDER RAMSRY, aan could help bim with democratic votes in the Legisiature and with sham democratic papers, and Ramsey could heip them by advising, ag he did, the Secretary of War to settie the ditticulty ‘upon an equitable basis!” The conspiracy triumphed at last. Frank Steele drew up the tollowing LITTLE BILL = The United States to Fs teele, Dr. January 24, 1868, To use and occupation of Fort Sneiling reservation for military pitrposes from April 24, L961, to Jan Wary 24, 1905—#1 months al $400) per mon| 00) Cn,--By balance of purchase Troues ‘unpaid 60,000 Toial claim...... eeeeeses 1 9102,000 THE The War Department, under General Belknap, allowed this bill for “rent,” it took back 1,000 actes linmediately around the fort; it paid back the $80,000 received from Steele; and now, within a few days back, Steele has sold one-half the property for $200,000! The other half is divided by the cou- sptrators, being worth another $200,000, ‘Thia fraud has robbed the United States of landed rere Worth $400,000, for which they received nothing, for the $30,000 instalment was offset by the loss of the ferry earnings, rents and other profits which by right belo to the United States, As the 6,300 acres haye sold at the rate of $400,000, the United states paid $133,000a year rent for its owa property, for which it had never been paid, and of which it had never made any con- veyance to the party claiming rent. In other words, the party that owns the land and pays rent to the man that doesn't own it; and the man that docsn’t own it collects enough tor what he | has no right to rent to pay for the whole property, If the fraud were not 80 enormous the farce of it would be laughable beyond measat Augustus F, Gleason, aged twenty-six, of No. 4 Fulton street, accidentally shot himself tn the left breast yesterday afternoon, He was removed to the Park Hospital by Captain Uaffray. of the | Second preciact volica. Worth some $25,000 more ; 80 that tue value of the: | SMALL TH E POLICE BE ARMED? The Great Question of the Day in the Police Depariment. Opinions of Police Captains and of the Rank and File as to the “New Idea.” GENERAL DURYEE RISES TO EXPLAIN The Governor’s Action To Be Final in, the Matter. WHAT WILL HE DOP Tho proposition made a short time ago by Gen- eral Duryee, one of the Police Commissioners, to create @ reguiar military brigade in the police is causing just now no small amount of excitement ‘smong the rank and file of the ‘‘peelers,” .as well a3 among the people generally. It is conceded on all sides that General Duryee has the pubic iuter- ests at heart; that he is mot endeavoring to intro duce @ new system into the police department slmply for effect, regardicas whether he is, in the long run, successful or not. On the contrary, everybody who knows him believes sincerely that his object is to GIVE STRENGTH TO THE POLICH a8 a body at ali times, and especially to add to their efficiency, in case of riot or disorder, in sach a way as to utterly dispense with the services of the mill- tia, Tne General ts no peace man in the sense thas he has, like many others we wot of, gained his title by mere compliment of red tape courtesy or political: favoritism. He has participated in hara-fougnt battles and has seen enough bloodshed and carnage to know that to talk shot and powder as part of the police enginory 13 neither by-piay, catch-popularity nor nonsense. Indeed, had the proposition come from Mr. Smith, who loves PEACE AT ALL TIMES AND PLACES, and plenty of lt under all circumstances; or from Mr. Charlick, who leans strongly towards Method- ismiu picnic times of the year, or from Mr, Gardner, who has as good an idea about the value of the butt of a musket as a Carmelite monk has of “‘the latest play” in the newest opened theatre, the general public might bave reasonably indulged in a good, broad grin of hilarity and talked the matter over at dinner time as one of the bes‘ jokes of the heated term. But the fact tiat General Duryee has hold of the plan puts quite another complexion upon the subject. At first blush it does scem to one not well versed in the details that go to make up the every day experience of the ordinary policeman that the arming of the police ought not to be countenanced so long as they are not in the eyes of the law a bona Jide part and parcel of tho military power of the State; because, in fact, the law by which the police oficially live snd have their being piainly states what thelr powers are, gives no mihtary powers, and that beyond the pro- visions of that law noone has the right to go to make their powers still more extensive. Yet every question has its two sides, and it is but fair that « GENERAL DURYEE'S PLAN should be judged according to his intentions and not according to the suspicions and misgivings of those who believe that at all events an armed police in our midst is a positive danger instead of an absolute protection azainst all tuose mob ills and riots which a@ great city ise New York, under the preseut cosmopolitan condition of affairs, is naturally heir to. In the frst place tt should be distinctly understood that the General’s proposi- tion does not by any means cover the entire Police Depaitment--tnat is to say, he does not propose that every policeman on the force shall be a part of the military arm of the service. Indeed, the general improssicn has gone abroad throughout the city, for some reason or otuer, that we were on the eve of the estabiishineat in our midst of a sort of gendarmevy like that of Paris—a sort of mili- tary constabulary, every meiaber of whieh would be ‘at all times and places with sword at side and rifle atthe shoulder. That where we now have dread- ful looking poticemen meandering about our streets, we would have A STIF¥-NECKED, IMPUDENT SOLDIERY, as ready te cut down with the sword or shoot with the rifle any disturbers of the peace as the most blood-thicsty follower of the Cariist Curé would Make away with @ refractory member of his band. A HERALD writer, alter talking incog. with neariy every captain in the Department yesterday paid a visit to General Duryee, at Police Headquarters, and had quite an eatertaining confab with him about the ‘new idea.’’ ‘The writer told the General how he had met with many geatiemen tn the city who were shocked at the idea of arming the police, and who were under the impress:on that where nOW We have policemen with clubs solely we were to have tull-fedged soldiors, armed cap-d-pie, ia the streets day and bight. The General laughed very heartily on hearing of the way bis plan had been misconstrued, and said :— “Now my intention is simply this—to have in the ey @ body of men who in an emergency an MANOEUVRED AS A BRIGADE OF SOLDIERS; who will be thoroughly disciplined, eqaal to every occasion of serious import, able to use their rifes and at tho same time always be so thoroughly under control that the rifles will not be used at haphazard, but by word of command alone. The idea that ail the police are to be armed isa wiong one. My intention ts to pick out irom the force, say 50u men, Who have been in the army—men who know what it is to be under fre—put them in com- panies under captains wio have also seu army service and have tnem thoroughly drilted. Every new man, by the way, is now being drilled with the musket by Captain Copeland, and the captains ana sergeants are to be drilled soparately, so that fey Will know their duties as well ag though brought up in the army. You see,’ said the General. “this brigade will be a great gain in many re- spects. You know what a bother it is to CALL UPON THE MILITIA IN CASE OF RIOT, The Mayor or Police Commissioners have to make requisition upon tue Major General of the division, ke calls upon the brigediers, the latter notify the colonels and the colonels in their turn notify the adjutants and through them the commandants of companies; then the commandants notify their immediate subordinates, and so on it ow tik the corporais get notice to no ay the men—and then where are they? All over the city—here, there aud cyerywhere, Well, they get notified at last and assemble, In the meantime, one, two or three hours pass by. ‘The mob all the time 18 at work and by the time the militia appears millions of dollars worth of property 1s destroyed and probably hundreds of lives iost, On the contrary, you have this police military brigade L want created in the Department, Every man who belongs to it is in his respective precinct. Every one of them is notified sunuitane- ously that he is wanted, rifle in hand, and in a few minutes the entire brigade 1s ON THR MARCH YUR THE SCBN# OF DISTURPANCE, There ts no change of uniform. When the brigade assembles, whence tt goos and what direc tion it takes—ail is a secret. to be, in fact, grand reserve force, held back as a reserve— al 3 ready, in @ sorious emergency, to ba up the police who have ciubs ‘enty, in overcoming & mob that threatened to be danger. ous, Now you have the idea," and the General straightened himseif out as he finished and louked longingly up at the ceiling, a3 though he was wardly praying for a riot, that he might show wh: his brigade tdeas coutd do to quiet the riote nerves, Thus much for an explauation of tue plan, and now for THE FRRLING OF THE Ponce In regard to it. As toa matter of such novelty is not surprising that among thirty-two captan and four times as many sergeants there should bo found serious, if not irreconcilavie, differences of Opinion, Tne HERALD writer made a tour through the precincts during the week, and was careful to note down all he heard, pro and con, in relation ta the innovation, Among the patrolmen who had served in the army there was but one sentiment-— that of unqualified approval, Not one of them but saw in the plan a prospect for future advancement and fame ; yet this did not seem tobe the uppermost | idea in their minds tn regard to the matter. The pecry favored tt because it would have, they believed, an intimidating effect upon the rougns— that is, in case cf a rioi, the nely elements of the peyton would not only feel that they had to ght the police aiready at hand, but that at any Moment they might be set upon from what quar. ter they knew not by a regular urmed force, ws would be bound to show thm no more mercy th, regular soldiers. So far as could be judged, d the writer's pereaemenee. throughout the city, the rank and file are all in favor of the plan: those Who were in the army, on generat military princi. ples; those wao never had anything to do with the inilitary being favorable on the ground that isey can always icel confident, in A CLUB FIGHT WITH THE RAcnLr, that i the latter grows too strong for them the CONTINUED ON NINTH PAGE,