The New York Herald Newspaper, September 17, 1873, Page 13

THE COURTS. An Injunction That Failed to Hold Good—The Injunction Set Aside by Judge Daniels and His Beasons for Doing So. THPORTANT TO OFFICE-HOLDERS. an a Party Hold Two Public Offices Under the Common Law !—What Constitutes Incompatibility of Offices. ‘BUSINESS IN THE OTHER COURTS. Judge Daniels, recently holding Supreme Court Chambers in this city, rendered a decision yester- day refusing to continue the temporary injunction "restraining the Atlantic and Pacific Railroad Com- pany from paying rents reserved in a lease made ‘to it by the Pacific Railroad Company of Missouri. Several Western railroads are involved in the controversy, and to them, of course, the decision 1s important, The points of Judge Daniels’ opinion, embodying his decision, will be found given pretty fully below, James Ryan, who was a member of the last State Legislature, still persists in being entitled te his pay for the same time as Deputy Clerk of the Court of Special Sessions. His application for a ‘mandamus against the Comptroller, directing him to pay him his salary as such clerk during the time he was absent in Albany, which was recently re- fused tn the Supreme Court, was renewed yester- day in the Court of Common Pleas before Judge J. F. Daly. The Judge listened patiently to the argu- ment, but did not give his decision. In view of the act that there are so many holding two city offices and clamoring for double pay, the decision ‘will be looked forward to with interest. ‘THE PACIFIC RAILROAD OF MIS- SOUBI. Mnjunction Against the Atlantic and Pacific Railroad Company Denied— Extended Internecine Western Rallroad Fight—Important Decision by Judge Daniels. The particulars of the suit brought by Samuel P. Winsmore against the Atlantic and Pacific Railroad Company and others have already been published in the HeRaLp. Some time since, as will be re- membered, @ temporary injunction was obtained restraining the defendants from paying the rents reserved ina lease to it by the Pacific Ratlroad Company of Missouri. This rent was payable for ‘the use of the railroad built by the lessor and for the control and use o1 five other railroads, previously leased to the South Pacific Railroad of Missouri. The road of the lessor extended from St. ‘Louis to Jefferson City and was designea to be ex- ‘tended to the westerly boundary of the State. The roads leased to that company were the Missouri River Railroad, the Leavenworth, Atchison and Northwestern Railroad, the Boon: ville Extension of the Osage Valley and Southern Kansas Railroad, the Lexington and St. Louis Railroad, and the St. Louis, Lawrence and Denver Railroad. These leases were assigned to the Atlantic and Pacific Railroad Company. The roads Yeased to that company and the part of its own road west of Franklin were not in the route over which the Atlantic and Pacific Railroad by its char- ter was to construct its road, and formed no part ‘of the connections which that act in terms author- ized it to make, and it was on this ground that the injunction was originally granted. It was ‘claimed, however, on the argument, that the contract by which all those roads were leased by the Atlantic and Pacific Railroad Com- pany was justified by the circumstance that it could not obtain the road from Franklin to St. Louis without taking the others along with it. A few days ago motion was made before Jud; Daniels, then holding Supreme Court Chambers this city, to continue this injunction, and the case ‘was argued at great length by opposing counsel. Judge Daniels gave bis decision on the motion yesterday, enlarging the same in a very lengthy and exhaustive opinion, The follewing is a résumé of the POTRTS OF JUDGE DANIELS’ OPINION. After unfolding the nature and grounds of the action and reciting the Act of [Incorporation of the Atlantic and Pacific Railroad Company, formed = congrees July 7, 1866, in which 55,000,000 acres of land was granted to the Company in addition {0 a Toad bed of 200 fect whenever it crossed land Delonging to the United States, he gives the ‘history and respective grants by the government ‘to the other rajlroad companies named also, and shows that the intention was that these grants should not conflict with one another. Next in order be recites the particulars of the incorpora- tion by Missouri, in 1868, of the New South Pacific Railroad Comp: . After a careful reviewal of all the preliminary facts he decides that the provi- sions were broad enough to permit the Atlantic and Pacific Railroad Company to receive a lease of that part of the Pacific Railroad of Missouri extending from Franklin to St. Louw buat the lease of that road from Franklin to Jeffer- son City and the lease of five other roads were unauthorized. There was nothing in the charter allowing it to take leases of the other ratl- roads in order to induce the leasing to it of that art of the road between Franklin and St. Louis. that could be done, with the same propriety it Might, under similar exactions, have taken leases of every railroad in the West. These leases were, therefore, void for want of authoritv in the Atlan- tic and Pacific Railroad Company to receive them. And that would result in the cancellation of the ease from Franklin to St. Louis, because the rent to be paid for all consists of an entire amount in- capable of apporiionment. He holds, ia conclu- sion, that he cannot enjoin the payment altogether, becanse the assignments and leases cannot be an- nulled in this action, for the reason that the other railroads have not been made parties to tt. The motion to continne the injunction is, therefore, denied, with $10 costs. IMPORTANT PUBLIC QUESTION. Can a Person Hold Two Public Offices Under the Common Law !—What Con- stitutes Incompatibility of Offices, Ryan vs. Comptroller Green.—The question, Does ‘the election by the peopie of a person to the posi- tion of member of Assembly and his acceptance of the same involve necessarily the vacation by him of any office he may hold under the county govern- ment? came up yesterday before Judge Joseph F. Daly in the Court of Common Pieas, on an applica- tion for a writ of peremptory mandamus against Comptrolier Green to pay James Ryan, the Deputy Clerk of the Court of Speciai Sessions, his salary for the months of February, March, April and May of the present year, at the rate of $5,000 per annum. Mr. Ryan was elected a member of Assembly in ‘the fall of 1872, and the Comptroller refused to pay his salary for these months because he was ab- sent in Albany and had not performed ser- vices, and also that the new charter probibited the Rolding of two oMces. The motion was originally brought in the Supreme Court, before Judge Dan- tels, who decided that the prohibition in the char- ter did not reach Ryan’s case, as he heki a county “omice, The Judge gave a long opinion, and held that under the common law the two offices held bibebcy one requiring his services in New York 6 other in «Alba the acceptance of one vacated the otber, ata ro- ferred to @ number of old cases to support his Yiews. He allowed an alternative wmit to issue, that the question might be argued on the points raised by is ae . F. McNamara, the “ removed the case to the Court oF Oommen Hey heard on the return to the ‘where it was yesterday alternasive writ, ; Tr. jorman, of counsel lator that tne statutes of the arabes tad mate the cases in which offices become vacated and thas ‘among them the acceptance of an gpecitied. ‘Tho statutes state tha py rH ature accepting t io civil or military ‘3 r tite fe este iy ‘al govern- Tent vacated Legislature. ‘was any principle of common law es fr ere question of vacation of one oMce by accepting another, this statutory provision ‘would not he e been needed. The case of Millward vs. Thatcher (2d Term Kep.), decided in 1787, referred to by Fe ee ea one elec: rai ing also Of cler& in the same Court, and if was held acceptance of the offiee of clerk ipso. ‘the office of Judge. NEW YORK HER. ls, the two duties are Sekt ows Revaan OO bee: at the same time. ‘are ‘only where the holder cannot in every instance discharge the duties of each, Counsel referred to ‘a num! Ee canes Ie: rt of a The whole practice of o: life in was against any such prncinie of common law. Al- ‘most all the = State oficials were members of Parliament. Mcers in the army and navy, the Lord Mayor of London, the Lord Mayor of Dublin, were members of Parliament. The only rule was one ofcommon sense—that where there was in- herent contradiction between two offices one of necessity must be abandoned. It may be incon- venient to hold two such offices. and serve as & ground for the removal of the offic by the proper authority, viz., the power that appointed the Board of Police Just! The incumbent was entitled to his salary until removed. The law did not assign any to the Deputy Clerk of the duties may be pei by tho clerk or deputy. It must be assumed that they were performed, for the return did not show con- trary. There is no officer of the ernment who does not occasionally leave his offictal duties for a while, The President of the United States some- times enjoys the cool breezes of Long Branch while his post of duty is in Washington. The Aldermen sometimes spend weeks at Sara’ The Judges absent themselves from the bench. Should a de- duction be made from the salaries of these officers for each month, week or day of absence’ and is the Comptroller vested with power to decide that for ali such absences a deduction from their salaries Inust be made ? There is nothing in any of these objections. The salary is an annual salary, paya- ble in equal monthly payments. There is no power anywhere to make these payments unequal or to re- fuse to pay them while the oMcial holds the office. Section 29o0f the new charter Sxp rons prohibits the Comptroller from tnquiring as the perform- fice of duties of an ofMcer whose salary ls fixed by aw. After the argument, which was very lengthy, the Judge took the papers and reserved his decision. Messrs. O'Gorman and W. F, McNamara for the relator, Mr. Dean for the Comptroller, BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. The Case of Carl Vogt Again. Before Judge Blatchford. Mr. Bowen, counsel for Carl Vogt, the alleged Tugitive murderer of the Chevallier du Bois Bianca, appeared before Judge Blatchford yesterday morn- ing, and, on written proofs that the State Depart- ment had decided that Vogt could not be extra- dited under the treaty between the United States and Prussia, and that more than “one calendar month” has elapsed since his commitment to await the President's warrant of extradition, obtained a writ of habeas corpus, returnable at noon on the 18th inst., requiring Marshal Fiske to show cause why opr anenly not be discharged from his cus- tody. ie statute recites that in extradition cases, where more than one calendar month has elapsed after the commitment of a person to await the President’s warrant of extradition, and such warrant has not issued, the person committed can be brought before a competent Court to be dis- charged, if, in the opinion of the Court, the facts | Warrant such discharge. SUPREME COURT—CHAMBERS. Decisions. By Judge Fancher. Cowan vs. Thompson.—Judgment granted: Swit vs. Swift.—Judgment ordered, penereras. vs. Scraver.—Memorandum for coun- se Read vs. Hatch.—Order of reference to R, 0, Beamish to compute, &c., granted. Haworth vs. Dwight et al.—Injunction order granted, &c. Mutual Life Insurance Company of New York vs. Page et al.—Reierence granted. arks et al. vs. Foran.—The motion for reference 1s denied, and on the same stipulation the cause is ordered on the short calendar. Goeller vs, Schmidt.—Order confirming report pnd granting distribution of surplus, as stated in order, In the Matter of Plasch.—The evidence of the brutal treatment is so full that the report of the referee and his recommendation as to the guardian muerte confirmed, The order is settied as pro- posed, Metropolitan Savings Bank vs. Wright et al.— The trial fee cannot be allowed, as there was no answer. The $50 must therefore be reduced to $10 for motion, The auctioneer’s fees must be reduced to $20, as there was but one lot advertised. The other objections to the taxation are overruled. By Judge Ingraham. People, &c., vs. Mallory.—Memorandum for coun- sel By Judge Pratt. Rudinski vs. Frost.—Motion to resettle order granted; no costs of this motion. Brewster vs. Manning.—Motion to resettle order gTanted. Decisions. By Judge Van Vorst. Morgan vs. Drew.—Motion granted. Schmid vs. Argumbau.—Order settied. Andrews vs. Davison.—The same. Barnstorf vs. Inska.—Order granted. Hoffheimer vs, Meyer.—Order granted. MARINE COURT—PART I. Suit by a Foreigu Corporation=The Jurisdiction of the Court. Befere Judge Curtis. The Peters Manufacturing Company vs. Denty et al.—The plaintiff is a corporation deriving its legal life from the laws of the State of New Jersey. The defendants are merchants, doing business in Havana, in the Island of Cuba. The plaintiff claims that it shipped a quantity of “duck” to defendants, for which they had only partly paid. The action was to recover the balance due. The defence con- tended that under the original contract the plain- tiff agreed to furnish a quality of duck equal in all respects to that manufactured by Peter Neninger & Co.; that the duck received by delendgnts was of an inferior quality, and deiendants were damaged to the extent of two cents a yard; and for this they asked the jury to give them con- sideration. Judge Curtis charged the jury that the Court had jurisdiction, although the plaintiff! was what is known as a foreign corporation, and that the mat- ter of proof was on defendants to show that the con- tract contemplated the furnishing of duck equal in quality to that manuiactured by Neninger & Co., and also to show that the duck 8 appa was of an inferior quality, and that under ordinary circam- stances it was the duty of a vendee, where an opportunity of inspection was allowed, to return or offer to return goods found to be defective, ‘The jury disagreed. MARINE COURT—PART 2. Decisions. By Judge Shea. Lawrence vs. Schwier.—Judgment by consent for’ the plaintiff for $275, without costs, disburse- ments or allowance. Goodkind vs. Hamer.—Action on promissory note. Judgment for the plaintiff for $155 66, costs, and $15 allowance. Patterson vs, Ayers.—Judgment for the plaintiff for $109 34, costs and $25 allowance, Howard vs. Hogan.—Action for services as & surgeon. Inquest by default and judgment for the Plaintiff for $233 60, Costs, and $25 allowance. O’Rourke vs, Pimmel.—Dismissed with costs and *Galiman ve, Gossmeyler.—Acti man vs. eyler.—Action for goods sold and delivered. a MARINE COURT—CHAMBERS, Decisions. By Judge Joachimsen. Fisher vs. Schmidt.—The certificate of Mr. Kracke does not negative the requirements of section 236 of the code. It does not negative that he owes to the defendant. His certificate is eva- sive, and is, in fact, a refusal to comply with sec- tion’ 236, He must be examined, ation adjourned to September 14, at ten A. M. Elias vs. Powera.—Order of substitution of attor- ney granted. Waite.—Order rantea opening de- 0) irown vs. fault and setting cause down jor trial December 2 ni ext. Simon vs. Anderson.—Order granted extending time to answer. Dann vs. Kinney.—Order granted vacating judg- ment and placing cause on day calendar of Part 3 for trial frat Monday of October next. Hatch vs. Sinclair.—Order substituting service of summons granted. = Judge Gross. Main vs. Haas.—Motion denied, with $10 costs, COURT OF GENERAL SESSIONS. Dublin Joe Sent to e Penitentiary. Before Judge Sutherland. ‘The first case tried by the jury yesterday was an imdictment against Thomas Marphy, alias Dublin Joe, for an assault with intent to steal asa pick- pocket, Mr. Rollins called Detective Farley, who swore that on Sunday, the 27th of April, he saw the risoner and ‘‘Scotchey Jack" near the St. Patrick’s Jathedral. He watched their movements and saw Dublin Joe put his hand in the folds of the dresses of two women. Mr. Howe was assigned to defend the prisoner and raised a number of technical ob- etn Ta dg ious te en ea red, an " sity, hich was one year’s imprisonment in the Penitentiary. Larceny of Watches. William Thompson pleaded guilty to an attempt at grand larceny, The indictment alleged that on the 7th of Sepeember he stole six silver watches, Worth $67, the property of Alexander Thomas. Thompson was sent to the State Prison for two years and six months. Assault by an Old Man. An 014 man, seventy-five years of age, who gave his game a Joum Wister. wag changed with cutting ALD, WEDNESDAY, SEPTEMBER 17, 1873—QUADRUPLE SHEET: John Rally in the arm with @ knife, on the 8th of this monty; The complainant said that he was in- toxicated wivile passing through Seventh avenue, and after accidentally eouing op prunes Witter he stabbed him in the shoulder, The jury reudered @ verdict of Vig of assault and battery, and, at tg see uest of Mr. Price, the old mau was remanded 6 Petty Larcenies. Oliver B. Warren, charged with stealingon the 16th of August $39 worth of machinist’s tools, the property of Cornelius Ryerson, pleaded guilty to petty larceny. He was sent to the Penitentiary jor six months, Michael Knowles, who on the 27th of July stole a beat owned by Henry Hall, was eouvicted of petty larceny and bent t0 Penitentiary for four months, Alleged Indecent Assault. Late in the afternoon Timothy Lane and James Brennan were arraigned for the perpetration of an alleged outrage on Johanna Handley. The com- Panass was sworn and the case will be resumed his morning. t Acquittals. Henry Becker was tried upon a charge of steal- ing a gold watch from the house of Johanna Hopp, 292 Second street, on the 26th of August, All the circumstances showed that the accused had no felonious intent, and the jury rendered a verdict of not Cae Antonio roga was charged with stealing $27 from the apartments of Mary Fregalia, on the 24th of last month. The legal testimony was tnsufli- cient to convict, Mr. Bintang having succeeded in getting a confession excluded, They acquitted tho accused, The Erie Bond Forgery Case in Court. In the afternoon Colonel Fellows called Judge Sutherland’s attention to the fact that he was in- formed Ferdinand Bertolf was visited by a detec- tive and requested to call at the District Attor- ney’s Office and communicate such information as he might be possessed of regarding the disposition of $85,000 or $90,000 worth of forged New York and Erie Railroad bonds of which so much was said in the newspapers. Whether Mr. Bertolf’s explana- tion was a reasonable one or not he (the counsel) did not know; but it seemed that the District At- torpey was about to Spply in the aftern oon to His Honor for a warrant of commitment based upon ex parte afiidavits. The counsel desired to protest in advance against that course, and to claim an examination before His Honor or some committing Magistrate. Judge Sutherland said that the eonn- gel’s motion was out of order, and there the matter dropped. ‘TOMBS POLICE COURT. Smashing a Showcase. Marcus Nathan, of 356 Canal street, made a com- Plaint against Edward Molloy and Thomas Nugent for smashing his showcase outside his store and stealing therefrom two ladies’ cloaks. The prop- erty was found in their possession and both were committed for trial. Asleep on His Stoop. Patrick McGinn, of 15 Desbrosses atreet, arrived home somewhat tired on Sunday night, and, sitting down on his stoop, fell asleep. When he woke up he discovered that a watch, chain and locket were stolen from him. A young man in the neighbor- hood gota eed ticket Fepromen tiny these articles from Peter O’Neil. He miormed Mr, McGinn and O'Neil was arrested. He was held in $500 bail to answer. JEFFERSON MARKET POLICE COURT. Larceny from the Person. Harry E. Fuller, a respectable appearing young man, residing in South Seventh street, Williams- burg, was arraigned before Justice Ledwith, at the Jefferson Market Police Court, yesterday, charged with snatching a pocketbook from the hands of Miss Annie Blazier, of No, 45 West Fourth street, while she was approaching her residence on Mon- day afternoon. Alter obtaining the property he Tan off, but was captured by Oficer Warren, o/ the Fourteenth precinct. He was committed to an- wer. COURT CALENDARS—THIS DAY. Supreme CovrT—CHAMBERS.— Held by Judge Fancher,—Nos. 24, 26, 26, 27, 28, 20, 50, 54, 55, 56, 61, Big, O85 Ob, 8, Cali 103 ‘ |ARINE CourT—Part 1—Held by Juage Cartis.— Nos. 2703, 2842, 2910, 2782, 2167, 2562, 2503, 2558, 2603, 2780, 2853, 2864, 2889, 2890, 2802, 3043, 2018, Held by Judge Shea.—Nos. 2835, 2655, 2743, 274334, 2759, 2576, 2559, 2830. Court or S Sutherland.—The People v: Part 2— 2543, 2513, 2: James Broderick, rape; the Same vs. Michael Con- | way, larceny and receiving stolen goods; the Same vs. Eliza Mulligan, larceny and receiving stolen goods; the Same vs. William A. Miles, larceny and | receiving stolen Pickles, Edward foods; the Same vs. William ley and Henry Page, larceny and receiving stolen ods; the Edward Sparenberg ani Frederick Cortland, larceny and receiving stolen goods; the Same vs. leorge A. jicks, larceny and_ re- ceiving stoien goods; the Same vs. James Quinn, ‘and larceny; the Same vs. Dora Connelly, grand reeny; the Same vs. Dora Arent, grand larceny ; the Same vs. James C. Moore and John Nugent, | Hones larceny; the Same vs. Florence Shea, grand larceny ; the Same vs. Charics Clark, grand larceny, BROOKLYN COURTS, SUPREME COURT—SPECIAL TERM. Decisions. By Judge Pratt. G. Alien vs. D. H. Truman.—Case stricken from Special Term calendar. Must be tried at Circuit. A. D. Thompson vs. D. Pringler.—Demurrer sus- tained. Judgment for defendant, » J, Miller vs. W. B. Walker.—Motion to open de- fault granted on defendant paying $10 costs and giving security, to be approved, &c., to pay judg- ment. A. Binninger vs. P. Goodnough.—Motion grant- ed, with $10 costs, to abide event. L. A. Fuller ap- pointed referee. COURT OF SESSIONS. Grand Larceny of Money. Before Judge Moore. Bridget O'Neill was placed on trial yesterday for grand larceny, and it was proven that on the 2ist day of July last she stole $100 from the trunk of Ellen Nicholson, of No. 270 Jay street. The pris- oner pleaded that she was drunk and took only $7, which she returned the following morning. Tne jury, not believing her story, convicted her of grand larceny, and Judge Moore sentenced her to the Peniteatiary for a year. A Woman Pickpocket. Catharine Winn was convicted of having picked the pocket of & Jady on one of the Fulton ferry | boats. Judge Moore thought that she was @ pro- fessional thief from the fact that a fumber of the Cherry strect gang were in Court and took a great interest in the case. The Judge deferred sentence tora few days, in order to make inquiries as to whether she ‘“worked’’ with that crowd or not, He notified her that if he fouud that she did he would severely punish her. COURT OF SPECIAL SESSIONS. A Disorderly Policeman: Hiram T. Meeker, bridgeman at the Fulton ferry, was arraigned at the bar of Special Sessions yesterday, charged with assault and bat- tery on OMcer John Murpby, of the First precinct. Officer Murphy alleged that on Bunday morning, between four and five o'clock, while he was coming over trom Brooklyn, he was attacked by several of the deck hands of the ferryboat, and that the prisoner knocked bim down and kicked him on the face and ye Counsel for the prisoner informed the Court that the oMicer was drunk at the time and was tried before the Police Commissioners for drunken- ness and disorderly conduct and recom- mended for ii Mr. Meeker and several of the deck hands testified to the same facts, and that Murphy, after —— in a violent, abusive and ela manner, touk the prisoner to the New street station and made a false charge of assault and battery against him. Meeker was honorably discharged. Beating Her Hasba: Adecrepit old man named William Fagan made @ charge against his wife Margaret, of striking him on the head witha pitcher. Margaret is @ strong, hearty-looking woman, but showed signs of har drinking habits. She denied the charge, but was convicted and sentenced tu six months in the Penitentiary. SESSION OF THE COURT OF APPEALS. ALBANY, Sept. 16, 1873. The Court of Appeals will reconvene in this city on Tuesday, the 23d inst., for the hearing of argu- ments. The first eight cases will be the day calen- dar for that day. Preferred Calendar, Class 1— No. 1, Hi rty vs, The People; Same vs, Same; 3, Wood vs. Same; 4 ormshy 5, Coleman vs. Same; 6, Wu le vs. Same, ferred Calendar, Class 3—7, Turner et al. vs. Crichton, ex, &c.; 8, Carter vs, Kain, ex, 4c, COMMISSION OF APPEALS, ALBANY, Sept. 16, 1873. ‘The following is the Commission of Appeals day calendar for Wednesday, September 17:—Nos, 362, 5, 14, o. La 2, 47, 87, 102, 107, 112, 113, 114, 125. The edlourhed at Oo P. uw Woangegay.ageen cha WO me v8. | PRENCH SUMMER RESORTS. Watering Places in the South from Pau to Bordeaux—No. lL. ECONOMY AND HEALTH. Retreats of Abdicated Kings and Would-Be Kings Who Wait and Plot for Crowns. Buaneirz, August 1, 1873. Tieft Lourdes in mist and shadow, with a storm sweeping fitfully over tt, and found Pau in all the lazy stillness ofa Southern summer noon. Pau 13 nothing better than AN OVEN WITH GOOD OUTLOOKS imsummer. Nobody is;there but travellers hurry- ing to the baths, and even the ex-King of Naples has left it, though he has not too much money to throw away in travelling. The people here speak kindly of him, and, indeed, be is an amiable, unas- suming man, much given to his prayer book. His wife 18 @ heroine of rather an unusual type— prompt, bold and determined, If she could have had her way she} would not have been walking about Pau all last winter looking wearily at her busband and the unnavigable River Gave, with no follower but a large dog.. They are honest folks aiter all the abuse which bas been lavished on them, The King ieft nearly $25,000,000 behtnd him at Naples, because he could not agree with his conscience to touch a lira of it; and when he marched out of his patace, with half a dozen gen- tlemen, mostly bought and sold, to Gaeta, His ex- Majesty took nothing with him but his honor to meet his royal brother, Victor Emmanuel, and we oll know how the struggle ended. f There appears to be nothing to do at Pau just now. The townspeople stand at their shop doors and bake themselves slowly in the sun, Crowds of travellers were arriving and departing. Theen- trance of the Hotel de France was choked with their luggage, and their nurses and children swarmed over the staircases. The dinner table was loaded with flowers, such as would be out of the reach of anyone but a bull or a bear in Paris, and the dinner was served by German waiters, The French stem already to have blown of the first burst of their anger against their conquerors, and Germans are ag numerous as ever at hotels. The Frenchman makes a bad servant, the German makes @ good one, He will work cheaply, for experience, work early and late; nothing will induce the Frenchman to do so. There are no places of amusement at Pau in the summer—no thestre, no music, nothing but MB. TICKNOR'S FOUR-IN-HAND. Mr. Ticknor is an American gentleman who resides in the neighborhood, and 1s a good judge of horseflesh, He had an admirable team of four blood bays; but when I saw lis French coachman drive them out of an inn yard, all of a heap, and bring them into the street with their splinter bars banging about their hocks, [could not help think- ing that tt would have been better if Mr. Ticknor had handled the ribbons bimself, for he, I believe, can do itin a workmanlike manner. Pau has got an ‘English club” under the patron- age of a local banker; and the English club ts try- ing to get up a gulf club, but the money of the English colony, mostly half-pay officers in narrow circumstances, does not seem to be forthcoming, and there was'a pitiful list o: subscribers who had not paid up. [hear that the place is full of silver fork squabbles, and that the British exiles who have retired there for peace and pleasure do noth- ing but fight and scold. The very newspapers at Pau cannot live without a row, and I read two of them -filled with ferocious attacks upon each other— about nothing. Yet what masters in the craft of journalism these French are! Their anger, even, 3 amusing, it is so full of fancy and epigrams. One always feels fatigued after reading an English newspaper; one leels refreshed after @ glance at the Figaro or the Gauwlois, As jor news, those who can read between the lines get more out of half a column by Villemess or St. Genest than can be found in a dozen ponderous leading articles of the Times. What the public wants in & newspaper 1s something that will tell it the truth ata glance, and give it alterwards, when tt 1s at leisure, some solid stuif for private—pe: haps very private—read- ing. With respect to the Parliamentary speeches, the pith of them 1s best summed up in a joke. That which politicians say or write seldom concerns any human being. The thing to know is what they mean. MONRY TO LOAN, Lbegin to notice, at the table d’hdte dinner at Pau, @ new kind of bagman whos? existence there has decn reason to suspect for some time. He is the British banker's confidential clerk, on the lookout for business. Two of them sat near me, They were ready to lend money on crops and on houses in good situations near the town, taking a long view of things, and being of opinion that, as the earth is gradually getting colder, warm climate will soon be ata premium. They were heavy, vul- gar fellows, and one of them took out his notebook over lis soup, and began to dot and carry one upon it. The waiters paid them much respect, for the: talked loud and wore high shirt collars, deed, it is a beautiful thing to observe the shark, out of his own waters, where he is not the innocent coast folk suppose be a whale with possibilities of oll and profit in him, By the way what an astonishing trade that is of the British banker and his contidential clerk, when one comes to think of it. They get hoid of their customers’ money on retence of keeping it securely, and they invest it in hazardous speculations, If these speculations turn up trumps the banker grows rich; if they fail his customers have to Ray the piper. No such pub- lic enemy aa & private banker prowling about after other men’s goods should be allowed in any well governed country. ‘The most curious little creature [have secn about lately 18 “THE PAU DANDY.” His fondness for tawdry colors is something ex- tremely remarkable. Heé thinks nothing of wear- ing half a yard o: new sky blue siik bulging out of his breast on pretence that it is a pocket handker- chief. He 3 loud, and makes no intelligible observation. He 1s an amazing strutter, but he 3 nowhither, and is averse to work or exercise. rade fellow too, always getting obtrusively in other people’s way unless impelled out of it by persuasion from the rear, when he becomes brisk and docile. As 1 look at him and ‘emeimber all the Southern Frenchmen I have nowh abroad and at home I think how the Pau dandy has inhertted bad manners from his ances- tors, and is only as rude and asloud and as tawdry and as useles? as his father and ndfather were before him, He is a miracle of e jewelry, lazi- ness, lolling, bragging and impertinence. I won- der Whether Southern suns grow mcn as they grow frvit and flowers, fine, pright colored, flafning things, With Uttle more thin appearance in them, LIVING 13 CHEAP AT PAU for persons who only wish to eat and drink and go to sleep. A carriage may be had for @ franc an hour. A bath costs fifteen cents, which is ck sd than in Belgium. Food and wine are plentitul at low prices, and the wine is good. House Tent is very moderate, the vegetation and scenery superb; but it must be a dull place at its best. It is i lighted, ill paved, the, shops are badly supplied and close early. I heard some- thing of two packs of fox hounds, however, and there is a capital breed of light horses, with a good deal of go in them, to be bought for $24 or $30 a leg of the Pyrennees breeders. 1 take it that the Pau fox hounds must present a wonderful exhi- bition to @ sportsman, nevertheless. Dull as tt is Pau is generally chosen as the headquarters of English and American travellers in the Pyrennees, It is convenient because the hotels, post office and railway communications are weil managed, and it 1s also the centre of @ capital system of coaching to the baths, which cannot be got at by the iron road. Bagneres-de-Luchon is the Queen of all the bathing places in the Pyrennees. I:s waters may be taken inwardly and outwardly without danger by persons who are really in sound health, and the ety i# gay there and the amusements nume- rons, Eaux-Bonnes, Bagneres-de-Bigerre, Eaux- Chaudes, Cauterets and Arcachon are all reaily worth an idle ig visit. The rich people of Toulouse and rdeaux abound at all these places; but they are too far of to meet the views or pockets of Paris ians, and therefore they have the pecullar ad- vi tage of not being pestered with politics, Not one of these bathing places moved during any of the recent revolutions. The sole desire of their patient and amiable inhabitants is that they may luck many travellers and pay few taxes, They ‘old me so when interrogated with a charming ab- sence of reserve, They are religious alter a fashion, not demonstratively religious and split u into sects, but they are fond of their parsons an of their churches, THE PRICE OF LAND on the banks of the Adour, where there is the best salmon fishing in France, averages about $40 to the acre. The farms in the Pyrenees are small, and cows are used rather as beasts of burden than for their dairy bee tna The peasants are poor and very . They grow wheat, maize and pes Of & tolerable quality. A house, which looks at a little distance like @ ch&teau, may be rented for about 600 francs, or fie, yearly, in sight of a or Pau. Hor eep may be put about thirty cents a day for horses in full sold at five francs the 260 pounds PRICE OF FOOD IN THE PYRENEES, Good white wine at eighty francs the hundred llons ; good red red wine at 100 francs, say ve cents @ bottle, Meat is cheap, but all the ee is roaght ep for the large markets of Bor- eaux and Firewood costs about eight franca the square yard measure, ST, JEAN-DE-LUZ, on the Spanish frouties, 16 an important place jusg How, and one of the headquarters of ¢te monarcht- cal party, both in Spain and. France, “on Curios is hovering about the neighbornood, ad has con- trived to Keep the fleld so long that his sdherents are hopetul. Your correspondent, the co! nd- ent of the London st and Captain Camp- bell, SOTRRO DOANE 06 the new English conserv: tive print, Hour, are all with him. So St. Jean- de-Luz ts on its Knees praying for the success of the popes fiag, while the Worid is pricking up its ears for news {from Spain. The churches are thronged with stately dons and statelier dofias, worshipping. For the rest, it is as melancholy & place as a person if search of mortification could wish to find. By the by, what extremely uncom- fortable lives are eneraily led by the people con- nected with royalist revolutions! They would be much happier as journeymen tailors, for which nature has often fitted them, rather than con- spirators, Nothing can be worse mannan than the royalist cause in Spain. The only head at present attached to it is the Sneen. hardly make her voice heard, I observe that the great people hold aloot from it. Theyevill not com- promise themselves, The King’s agents are poor, obscure creatures who have all to gain and nothing to lose, A cause Must have a soul to set it well in motion; there mast be at least one man of genius to conduct before it can possibly triumph. Now the Spanish royalists have not got a diplo- Tatist among them, or he would have explained to Don Carlos, who 1s marching and counter-marehing bodies of half-armed peasants about over the border, and doing of necessity an imealculable amount of damage to the country he desires to make his own, that it is an ill thing to damage one’s property. He could do much more by sitting quietly down with pen and ink, especially if he knows how to use them. In our day men can be only written Into power. Fighting is seldom of much use, because it 18 @ gaine that two can play at. Talk won’t do either, because it evaporates, and the stock jobbers who govern politics just now, though an ignorant folk, &re too wise to yleld to smooth words, “What have you got to say for yourself, you man who want to be a ki net What can you give, and (Supposing you can give anything) what will you give, in salable commodities, for arms and Money?* That is what the stock jobbers prac- tically say to ambition. They would help Beelzebub to a throne if they could float his securities down the magic course of ten per cen:, so dear to widows, old maids, small capitalists, and human geese in general. It mere waste of timo and breeches to scamper about under a hot sun oe “Vive le Rot!” till you have talked to the stoc' jobbers about him." Besides tt calls attention to the fruit just as it ts ripe; and “come” says some- body who has joined in the hullabaloo till he 18 black in the face, “come, partner, you and I will sneak off and steal those apples; they are mar- ketable now.” What I object to in these Southern houses are the darkness and the fies.’ The innkeepers are forced to close their shutters at dinner time, and one cannot see one’s neighbors. Tam glad to get on to PLEASANT, AIRY BIARRITZ, which the ex-Empress of the French mado s0 charming. Between the highest forms of civiliza- tion and the Indian’s wigwam or the Arab’s tent there {s no choice worth a button. I would sooner be condemned to be a permanent clerk than to live ina third rate country town. There is neither dignity nor pleasure in such a life, and all the peo- ple in the parish are forever engaged in siandering each other. Biarritz, which was once a nest of poor fishermen, is now the prettiest of all the retty places on the southern coast of France. ts houses are larger and better than those at Trouville and Deauville. Its climate 1s infinttel; referable, and it is occupied all the year round. ‘he English colony make it a winter residenco, The Russians and Americans come late in the autumn, when it is at its best, and remain till No- vember, The Spaniards arrive carly in June. It is admirably situated for bathing, and I find I can breathe here after having been nearly stided for the last fortnight at Lourdes. Biarritz is. A GAY LITTLE PLACE too, It has got an amazingly fine Casino, which | wants nothing but the New York HERALD to make it perfect, There are balls, concerts and private and public theatricals constantly going on, thongh the season has not yet commenced and will not be at its full height for the next month. However, I have met some of the most tremendous swells whom I have seen for a very longtime here. Princes and dukes, ambassadors and Ministers, appear to be among the natural growths of the place. Some of the Bona- partist leaders are of course here from habit; but so are the more cautious of the Spanish and French royalists who are not vet disposed to de- clare themselves openly. Then, there are the heaviest purses of Bordeaux, Tours, Toulouse, and all the gentry of the border land with their woman- kind and children, The place 1s not dear | either. A bath costs @ franc, Board and lodging cost the same as at other watering places. It is a littie dearer than Bagneres-de-Bigorre or Cantereta—a little cheaper than Trou. ville and Dieppe. There is notbing against Biar- ritz but its abominable distance from the rest of the habitable world and the staleness of its news- papers. However, when one is in the midst of newsmakers perhaps newspapers don’t so much matter, and there are certainly some pervs: here who could startle a quidnune considerably. 4 HEALTHY PLACE. The air of Biarritz possesses the special property of preserving old people, whereas the average number of deaths in the rest of France is 2% to 1,000, the average number of deaths and she oan at Biarritz is only 1 to 1,000, Biar- ritz haseven a better beach than Trouville, and the temperatnre of the sea 1s incomparably more pleasant, but it is said that the baths here do not agree with nervous people. Horse hire is the most expensive thing in the place. After all, it is not very expensive. A carriage and pair may be hired for thirty franca a day, including the coachman. There is an English club at Biarritz, to which ad- mission can be had through a banker, or without a banker, by any person who carries fair vouchers of respectability. ithin @ moderate drive from Biarritz is ANOTHER WATERING PLACE CALLED CAMBO, very little known to foreigners. It is quite a jewel ofa images set in one of the loveliest landscapes possible to tmagine, Its waters contain sulphur and iron, and it has got an excellent inn, where one can have @ mountain trout if somebody has | happened to catch one. St. Sebastian, Dax, Behobia, Pheasant Island, Hendaye, Fontarabia and Irun are ail within an easy ride or drive of Biarritz, and if any intelli- ent citizen of the United States wishes for a real reat he can go to Biriaton, on the extreme limits of the French and Spanish frontiers, where he will | see a French anda Spanish soldier looking at each other, not altogether without a sense of humor, and pretending to guard the line. In estimating THE EXPENSE OP FRENCH WATERING PLACES and all the summer haunts of people in search of | Pleasure one ought not to forget that the hotels we find there are generally very fine and very new, and that the proprietors are frequently in a | mortal fright that they have laid out their money and the money of their wives, friends and credit- ors upon avery doubtful speculation indeed. For | there are short seasons and bad seasons and rainy | seasons and cold seasons, public calamities, chol- | era, and who knows what besides, which come to | posesone their gains and to diminish them, ‘herefore, these hotel proprietors and their belong- ings are half crazy with hope deferred and fright and avarice before the season commences; and when at last a traveller does appear they are almost wild with joy and —covetousness. Even covetousness is not always an evil thing. Perhaps the nominal proprietor of the watering piace hotel, is a sanguine man, and, a8 a Natural consequence, an eloquent and lovable man. He has formed high hopes of his enterprise and allowed his imagination to run away with him. He bas built and improved and studied the peculiar habits of foreigners and the costly conveniences of hotel companies till he has not @ sixpence left tn the world, and has a pack of unreasonable creditors (whom he has bamboozled into joining him) yelp- ing at his heels like bloodhounds. He counts upon “the season,” not, indced, to make him rich, as he once hoped it might, but to Eeisne out of prison, for he owes arrears of interest to his wife’s mother and his brother-in-law and his maiden aunt (who are ail terrible creditors), and he has had law suite and rumors of law suits, 80 that the poor fellow cannot sleep at nights, nor eat, nor smoke his pipe without the shadow of a great terror upon him. I suppose he takes sixpence or even a dollar more from us than the old established hotel keeper in the next town. Let us pay it, pay it, my friends, not without a certain inward rejoicing that, in the inexplicable enigma of human life, it has not been ordained by Providence that we ourselves should be hotel keepers, I wish I could conclude this brief notice of French watering places with A GOOP WORD FOR BIARRITZ at parting. It is a nice place, a a A eg! in its and has a glorious climate, it is not France. The people speak an incomprehensible jargon, which is neither French nor Spanish. The men walk about, talking through their noses, in white trousers and black shoes; the la- dies’ clothes are—well, let me put it good- There is no humoredly—too ‘ange for them. conversation, no wit in the air, no grace—none of that refreahi French impertinence which stimulates one like @ glass of champagne, The Biarritz people are a heavy race, ey stumble over chairs; they rush and exert themselves to be polite, and they tread upon each other's toes. When one eomes to think of them and their clumsy, obstreperous ways, one says, “Dear me! Su I was to go away, I wor. der whetuer I should find the ices at Tortoni’s and the acting at the Wymnase in Parisas good as ever, and whether I should not like to hear some intelligible lan to have an eatabl ond tod ‘digest a light joxe 1 sib BORDRAUX. is hardly & watering place; and it is like a city of the dead in summer, are make money there 80 fast that they ail make off to enjo; Arca- chon directly the hot weather sets in. But the Bordeaux merchants have the reputation of being the most hospitable people in France, and Bordeaux provides famous winter quarters. At present it is gs! remarkable as the temporary residence of the wife of Don Carlos, who now calla nerself and 1s called by the Spanish 1 mists “The Queen oO in.” She lives at the of Tartifiume, about @ league from the town. She young, deaaty. the Bourbos thoi, Thave, seldom known so much wit and sense and loveliness combined as meet in the per- son aud character of this rates lady. BRAZIL. The Question of Crown Rights and Chureh Aa thority a Pressing Point of Pub- lic Difficulty. Definition of Priestly Duty by the Bishop. of Olinda—Dom Pedro Puzzled—Treasary Es- timates and Foreign Immigration— Railway Interests and Road Projects — Territorial Boundary Rights. Rio JANHIRO, August 7, 1873. ‘The imperial government is ina complete quan- dary in regard to the religious question, which the Bishop of Olinda created, and which his fellow bishops have spread through the whole empire. The bishops have set tho constitution and the Executive at detiance, and the government hest- tates and does not know what to do. If it sus- pends the bishops and orders their prosecution be- fore the Supreme ‘Tribunal of Justice, to which Court alone they are amenable, there is consider- able doubt of the Court convicting them. Much time would be taken, and meantime the country would be convulsed by the discussions, and proba- bly riots, between the anti-bishop party and the supporters of the bishops, who, through the ap- proval of the Emperor to the re-entry of the Jesuits and their affiliations into Brazil during the last eight years, have acquired immense influenee and are in a position to command the ear of that great body of the lower classes 80 char- acteristic of Brazillian society, Though tho Brazilian peasant is humble, and even supine, he is deeply superstitions, and were an appeal to be made to him by his con- sclence-keeper there are no lengths to which he Would not go, even revoit against the government, and the clerical party have already threatened that it will appeal to force if necessary. THE SUSPENSION OR DEPORTATION of the bishops would at once create an administra. tive diMcuity, The State does not have & veto om the election, by the Chapter, of the Governor of the Bishopric, who administers in the absence or want of the bishop. Tho Chapters are in the hands of the Jesuits, and either they will choose ultramon- tane governors, or they will refuse to recognize the vacancy of the sees, and will select noone, Im the first case the government will gain nothing im the way of solution of the diMmeuity; in the second case all Catholic marriages, and some baptisms, will be rendered impossible, as neither civil mar Tiage nor civil registration of births and deaths yet exist in backward Brazil. ‘The government ts at its wit’s end—to recoil would be to destroy the civil power; to advance ts to plunge Into it knows not what, and divided as it is, and reined in by the Emperor, it dares not take a Bismarck or Swiss step and cut the diMecuity by a decisive act, The following are afew of the clauses’? of the BISHOP OF OLINDA’S REJOINDER to the government :— But as in obeying His Imperial Maiesty's ordors it wilt be necessary forme to sacrifice my conscience as a Catholic Apostolic Roman Bishop, and to disobey the august vicar of Jesus Christ, I will not hesitate a singt insiant in replying with the holy and eminent shop of a “Were the Emperor to ask my faculties, the servitude of my obscure perso, oven muy life, all. atl vat tis dis. posal, or Lam attached to nothing. With the greatest pleasure will I shed my blood for the Church, But as to the sacred deposit conilded4o me, which belongs to God. and His Church, | neither ought nor will ever yreid.” Recapitulating, Your Excellency, I can give no answer is overt Uthat is notentirely in agree- ment wit Ore I made in private thi rd oF God om the occasion when I was anointed Bishop of the Olinda church. I swore to observe tho constitution of the km~ ire of Brazil, but only while it did not go counter to the laws of God, which are those of the holy Cath Church. Ottierwiso it would have been swearing to U: not to obey God, which, besides being impious, Would be absard. "This scéms to me perivetly clear, In purely civil ‘things ‘within the attributes of the civil power Lacknowledge the fuli and entire com- petenoy of His Majesty's government, and, like every other Brazilian citizen, I shall Ip all humility submit to its decision. In this sphere | shall be ever promiah ie Tespect, venerate and execut htully and cheerfully, the orders of the civil power, even it by hap it be coum: mitted to unworthy persons, ior the holy mother Church thus commands :—"‘ULedite prapostis vestris, etiam discotia,’” But in religtous and spiritual matters, sir, allow me the frankness to confes that I acknowledge over me no au- thority ou earth but the Vicar of Jesus Christ. TREASURY ESTIMATES. The estimates for the past fiscal year and thé current one have left the Senate with a host of amendments and a@ clause extending them to the year 1874-5. The Deputies hesitate to accept this clause, which would cut them out of much future discussion, cut short their raidson the treasury, and deprive them of much influence on the govern- ment, The debates are going on with some warmth at present, but I expect the Chamber will swallow the amendments in @ lump, and the clause also, and that the estimates will pass this week or early next. As regards the provisions affecting foreigm and national shipping, the only ones of interest to foreigners you have aiready had full detatls of. ‘The question of the ENGLISH IMMIGRANTS, who arrived here in the latter months of 1872 and the beginning of 1873 and have not yet located, is giving the government much annoyance. Some , £60 aro in the government Immigrants’ Hotel, im Rio, and haye now been supported by the governs, meat for eight months, All efforts to induce them to settle in government colonies or to accept work offered them by private individuals have been fruit- lesa, and they demand to be sent to England or the United States, They were never a good lot and none are the agriculturists they signed to be, but the long period of idieness they have had here appears to have completely demoralized them. The 600 or 600 who went down to Rio Grande do Sul and Pa- rana to settle on colonies in those provinces are in the same case, and now refuse to settle or work, demanding similarly to be sent home or to the United States, The British Minister, Mr. Mathew, has been urging the government ever since their arrival to send them to England or the United States, as misrepresentations had beem made to them in England, and he considers the government colonies unfit for tae felon bat he now appears inclined to abandon them, owing to their bad behavior and refusal of all Kinds of work. RAILWAY INTERESTS. ‘The government is threatened with an inee. lation in regard to the Madeira and Mamoré Rail- road—that for the utilization of the Eastern Bolivian river system and tor giving it commer- cial communications with the Amazon—the London contractors having raised @ row tn London, accus- ing the Brazilian engineer of having misrepre- sented the length of the line at 153 miles, w! their own engineer, after surveying fourteen mies, thinks it may run to 200 miles, an assertion stoutly denied by the Brazilian engineer, The fact is, the contractors have sadly bungied their labor ques- tion, and their agents here have created constant difticulties by acting as though their company, and not Colonel Church, was the concessionary of the Brazilian government, and they seek excuses to get out of a bad contract. The first railroad im Brazil on the Fell system, with central rail for traction, has been completed, but 1s Dot yet formally opened to tramc. It is about ten miles long, and effects the ascent of the Nova Fribargo irom the valley of the Bay of Rio de Janeiro vo ti its northeast. The highest & eigh jr cent. The Mont Cenis engines ha’ en wrought here, as the new locomotives specially manufactured for it in Eng- land proved too heavy, weighing thirty-four tons, and throwing the mos ef the weight on two wheels sione, If successful in the Nova Friburgo line, the system will probably be oe va gener- ally for the steep ascents of the Maritime range, yet the eering dificulty of Brazil. Some trial trips have proved satisfactory, and a large quantity. of railroad material has been cransported P+ BOUNDARY RIGHTS. an government no sooner got ria a pe who ae aaa are the tine Envoy came down on tom sotvtiemeny. of the boundary question by cession of the whole Chaco and the island at the mouth of the Paraguay. ‘The Paragu: \ gover TMent equally peremptorily u — north of the lower Pilcomayo, which empties into the Paragu: me twenty miles below clon,and it is etaved ut without oficial confirma- tion, that @ “dimicalty” has arisen between the Argentine 4 the Wroailian envoys, the latter being accused by the former of bac! up the Paraguayan government in {ts refusal, AVFAL a isis evident | thas the Ar. rse, ani e 5 are foo goveramont will have a heavy task in jutting down Lopes Jordan’s second revolution. The first one cost the government over @ year. Heat aaretet Nopen to secure. a8 & port aud whie! tae means of Ferotnwontates Santa the opposite side of the river, and for that p he as concentrating almost all his forces trusting in the want of mobility of the gor The Paraguay: of the revels = tine convention, tno tet two months ago, Ras ‘eeen ‘veut atid It is tatended, to oe fmuch annoyance in tye ‘River Plate ‘tne, Inge 119 QA