The New York Herald Newspaper, December 16, 1873, Page 5

BREAKING UP THE GAMES, Grand Raid on the Headquarters of the Policy Business, 272 Bowery. The Wheels of the Paducah, Covington and Ghelbyville Lotteries Are Stopped Running Summarily—Exploits of Captain Clinchy and His Fifteen Doughty Men— “What Dis Darky Goin’ To Do.” ‘The faro and keno men being routed, the police yesterday turned their attention to the policy dealers. As was done in the case of the faro dealers, the heada were the first attacked. The Rews spread with wonderful rapidity, and all the little fellows on hearing it shut up their shops and ran. Driving out the big games was a good job, Dut this isa better one. Policy does more harm in an hour than any other swindle known could do in month. The poor people are easily caught by it, and once in the meshes there is little hope of their getting out. It.is said the amount of money spent ina year by, the absolutely poor in the endeavor %o get hold ofa little return is incredible. The work of ciearing them out yesterday was begun by Cap- tain Clinchy, of the Fourteenth precinct, accom- panied by asquad of men. They rushed suddenly, im 8 body, to No. 272 Bowery, where the headquar- ‘ters of the policy were situated, and ARRESTED ABOUT FORTY MEN who were there, and apparently engaged in the swindling employment, They were all taken to the station honse and locked up. An entire Noor ‘was occupied by these persons in the business, and the place was conveniently and comfortably fitted up. It is useless to ask the police why these places have not been broken up before. It is well to have them closed even now, and more particularly 80 a8 the Commissioners promise they shall be kept closed, Commissioner Gardner said last evening, “Jf it is in the power of this Board to banish faro, Keno, banco and roulette from the city of New York it shall be done. With regard to faro, there are men who can afford to play their money and lose ft, too. Of course they can always find a means of gratifying their propensities jor play; but we will not allow these houses to be open and hold out inducements to young men to squander their money. This policy is 4 CURSE, It takes the bread out of the mouths of wives and children, and while I hold a seat in the Board of Police it shall not be resumed in this town. If the captains aon’t carry out our instructions we'll break them, and we’ll keep on breaking until we get officers who will be satisfied with their pay and do their duty honestly. The same will be the case with the panel games and other con- trivances for swindling—they must be driven out and kept out. We have given the captains in- structions to arrest every person they find in those places—visiturs as well as proprietors—and lock them up. In future we are going to consider the people going into houses for the purpose of gam- bling as bad as those who give them the oppor- tunity, and will clutch both when we can catch them. This movement is no flash in the pan; it is meant tobe a thorough and conclusive one, and the public may rest assured a new era has begun.” This will be WELCOME INTELLIGENCE to a large proportion of the people, and it remains now but to ask the ape? to keep these gamblers off the sidewalks and protect ladies trom their in- sults. The cases of complaints of this kind that have been made from time to time are innumera- Die, but no redress was ever regeived. Captains of police, who should take notice of such matters, Were in the pay of the gamblers ana dared not ask them to conduct themselves properly. Broad- Way along its entire length, the Bowery and almost all the principal thoroughfares, were the favorite lounging places of these fellows, Dressed in the newest, sleekest and very finest qualities of clothes they could procure, they stood against the houses at the sides of the streets and ogled and leered at every resentable lady who passed. Their runners and ropers-in interiered with merchants’ customers, stopping them at the very thresholds of the stores and lead- ing them off torob them of their money. Occa- sionally some honest, reliable policeman would en- deavor to remove them. coarse and ruf- fanly reply wouid be the return to his request not to insult people, and if he persisted in an- noying them the captain would be informed by the gamblers the man was a nuisance and his removal would follow. These are not jancy pictures. The fecords of the department show where the ca} tains have had the men transferred because Mr. Mike This or Mr. Jim That could not brook their in- terlerence. The gamblers should be allowed to salute and wink at or follow whom they pleased in the street and common policemen must not inter- fere, Captains were PAID FOR PROTECTION to the games and they must ap the officers from intertering with the gamblers’ little amusements, This was their style of reasoning, and they made it the rule by reason of their purse. Commissioner Charlick is ag determined as Mr. Gardner on the gambling and swindling question, He said yesterday :— “{ understand the policy places are giving way to-day. Their turn has come and the minor things wil follow, We are not going ve any more of this m any shape or form, and these fellows had better understand it.” Both Commissioners left. the Central Office to- gether. They had been closeted for hours in Mr. Charlick’s office. No doubt some new scheme of reformation in the department was concocted. It is reported they are not satisfied with some of the old captains, aad removals will soon be in order again. Mr. Gardner is by no means content that all the detectives are suited to their places, and further exchanging in that burean is expected at an early day. Now that the swindling operators are snuffed out the Commissioners are in a position to select men for detective duty who can be de- Seon end not given to talking more than The Policy Men at the Tombs. About @ quarter after twelve yesterday after- noon Captain Clinchy, of the Fourteenth precinct, obtained warrants from Judge Bixby for the ar- rest of the proprietors and managers of the policy business in this city. The headquarters of the concern are at 272 Bowery. It was formerly owned and conducted by Ephraim Simmons & Co., but about a month ago was sold out to Joseph G, Burr, of Kensico, Westchester county, and James Smith, of Cincinnati, Simmons retaining an inter- est of 40 percent in the business, but retiring from all direct control. Joseph G. Burr was made general manager and carried on the general busi- hess with the assistance of some 20 or more clerks 24 " THE HEADQUARTERS IN THE BOWERY, The amount of money received iu one year at this office 18 said to be about $3,000,000, or about $10,000 aday, the net profit being about 25 per cent of the gross receipts. There are about 600 policy shops in the city, and to the headquar- ters in the Bowery is brought every day the busi- hess of these various places between twelve and two o’clock. This was the time selected by Captain Clinchey for his grand raid. At one o’clock precisely, with a squad of 15 men, he proceeded to the sec 6nd floor of these premises, and there found Joseph G, Burr, proprietor and manager, and about 40 clerks and others, connected with different policy Offices in the city, who were arrested. They were Marched in procession through the Bowery, Canal and Centre streets to the Tombs, As many of them ‘88 would fit were placed in the prisoner’s pen, and Gwaited there for fwo hours or more tue ACTION OF THE COURT. On the complaint of Captain Clinchy and on the AMdavits of Gustave Reiber, of No. 371 West Fit- Heth street, and Martin Rooney, of No. 492 Ninth Avenue, clerks in the office, Joseph G. Burr was heid 1 bail to answer, After a reprimand 40 others arrested were discharged. ies Smith, the other proprietor, not being in fhe place at the time, was not arrested. He was in the vicinity of the Tombs, now: ver, at the time Of the raid, and waited unt Gisposition had been made of the prisoners. “Jake” Shipsey, who 18 Biso heavily interested in eer having about 80 offices under his control, wont bail for the pris- oner Burr, and he left the Tombs about four o'clock. While the prisoners were avai eXamjnation im the Police Court the police of Fo enth i were not idie, They took possession of All the books and papers of the concern, together with all the implements, tools, &c., used ‘in draw- tor the Shelbyville lottery, which was popu- supposed to be drawn in Kentucky, but in- Stead was manipulated at No. 272 Bowery, were seized and brought to the station, where they will in for the present, Even the tables, chairs other furniture in the place were carried off ‘taken possession of by the police authorities, At the Jefferson Market Police Court, Fourteen proprietors of policy shops were ar- ‘saigned before the bar at the Jefferson Market Po- pera Tenteraay afternoon, and after an Baio wet tO Dall In the Bur. Of BOO tO or Interesting Essay by the Rev. J. M. Buckley and Remarks by Drs. E. 0. Haven and B. M. Adams—Is Plagia- rism an Immorality ?—Homer, St, Peter, Luther and Shakespeare Pla- giarists. ‘The Methodist Preachers’ Meeting was yesterday pretty well crowded with clergymen and visitors to listen to an essay a8 announced to be read by Rev. J. M. Buckley, of Suinmerfield church, Brook- lyn, on the bubject of “Plagiarism in the Pulpit.” He put his propositions in the form of questions and asked, ‘What ts plagiarism? Is it positively wrong?. What are its effects upon the piagiarist ? and what leads men to commit the act and can anything more be said on the subject?” Mr. Buck- ley gave a definition of plagiarism from Jobnson and cited examples of this kind of literary theft from other authorities. His own definition of it was a conscious taking of other men’s literary letters without giving them due credit therefor. But then it becomes necessary to know first what is another man’s literary property. Mr, Buckley showed how there must be a similarity of de- scription by several authors, and quoted from some authorsin proof of this statement, and also in proof that such similarity does not constitute Plagiarism. Originality, he remarked, is not the production of a new thought, but rather the think- ing of our own thoughts and their utterance in ap- propriate words. Plagiarism is therefore the con- scious use of another man’s order of thought and utterance. Mr. Buckley related instances of men using other men’s sentences, supposing them to be their own production. He asked, therefore, whether this STEALING OF ANOTHER MAN’S THOUGHT ‘was an indifference or a criminal act, A minister dared not tell his congregation from whom he takes his extracts, He works for the applause of men and for his salary, which depends in great measure upon this. He therefore receives both money and applause from his congregation while he knowingly deceives his hearers, Mr. Buckley gave an instance of a minister in New England, who had been accustomed all his life to this kind of literary theft, but who on his deathbed repented and made it a condition that his presid- ing elder should state in his funeral discourse that the ministerial life of the deceased had been a lie. When two men preach the same sermon the original author, he said, is sometimes accused of plagiarism, and he gave several humorous exam- les of such mistakes, and addea that such literary impostures are @ real injury to the cause that it is designed to ald by them. They are unjust and fraudulent toward honest men. ‘The effect of this kind of theft is that it leads the poor wretch guilty of it either to copy or to memorize. Such aman may have the reputation ,of great talent in the pulpit whtie he maybe a fool elsewhere. But the only difference there ts in him is that in the street he is a fool, and in the pulpit he is a fool with a good memory—a mental condi- tion often seen. Copying Mr. Buckley placed @ grade lower than memorizing. But de- tection will follow the plagiarist, and he will at some time or other find himself in a place where he must lie downright or ruin himself by selng the truth. Instances of this kind are numerous, In the one case the man’s reputa- tion is ruined and in the other his character shares that fate. In his ordinary relations with men he will not do this, and Mr. Buckley saw no justice in doing it in the pulpit. He next showed the rela- tions of this Kind of theft with OTHER METHODS OF MORAL OBLIQUITY, and gave illustrations humorous and interesting. One of these related to a young minister who preached a trialsermon before a Presbytery. An old brother minister opposed the admission of the young man because his sermon bad been stolen from Barrow, Robertson or some one else. The old gentleman gave the name of the author, and referred to the volume and page on which it could be found. The candidate was called again before the Presbyteryjand questioned on the matter. He simperingly replied that he had never read the au- thor named, but he had once heard Dr. Jones (the aged brother who made the objection to him) preach this sermon, and he had made up from Memory what he had delivered before them, be- lieving that he could not do it so well of himself, The Pit hed thought well of the sermon but not of the ministerial plagiarist, and left him out. The sophistry by which this kind of literary theft is commended was next examined. We may do evil that good may come, it is sometimes said. He might work on the hearts of his congre- Chae by telling them a story of his own conver- jon, almost a8 miraculous as that of St. Paul, but it weuld not be true. Again, it is said thatitis better to preach another man’s wisdom than our own foolishness, It is said that young men can’t prepare and preach two original sermons in a week. Then Mr. Buckley would advise such to preach anly one sermon and give the people one talk, and the probability would be that they would think more highly of the latter than of the former. Let such @ young man exchange often and not stay longer taan a year in his first appointment. The speaker remarked very humorously that he was very thankful that he could not stay more than one year in his first appointment; ior the church died about the time of his departure, and, he believed, owing partly to nis efforts to convert it into a Methodist church, which it was not, He had afterward the pleasure of seeing it recog- nized and of giving to it more money than he ever got from it. But a man should ANYTHING RATHER THAN STEAL, It is better, he said, to wear a plain, home made suit than to steal broadcloth to make a show with, Mr. Buckley then reierred to vendors of sermons, epee in England, and read extracts from “Curiosities of Literature” to show how the pla- giarist could cover up his thefts, One-half the ser- mons delivered in the Established Church of Eng- land he believed were of this kind and character. Conscious manhood he deemed worth more than all the fine p: es a Man can steal. This crime, he said, is as old as the Bible itself, and is de- nounced by Jeremiah, who says:—‘‘They steal my words, every one from his neighbor and every one from his brother. He that nath my word, let him speak my word. What is the chaff to the wheat with the Lord of Hosts?” He did not believe, he said, that thig crime wag on ihe Ioreaes The eneral standard of education is enough to forbid it, and there should be no need to steal, THE OTHER SIDE OF THE QUESTION. Dr. E, 0. HAVEN said that there were two sides to this question, and he feared that some young ministers might be meres or terrified by this bug- bear of plagiarism. He would not delend lying nor the getting of goods by false pretences, but it may injure a man to think too much about plagiarism, On some subjects the best thoughts have been con- ceived and the best things said, and we cannot present those subjects without using those thoughts. Who can get upasermon on the Judg- ment without taking up what has been said al- ready? We must not allow our fear of plagiarism to cripple our usefulness. There is a great general stock from which we may all draw, and the Doctor bee illustrations to show that such taking cannot Ye considered plagiarism or literary theft. The element of motive should be considered in this. If he delivers an oration for a prize at a college commencement which is taken irom others, and therewith obtains the prize, he might justly be charged with plagiarism; but if he preaches a sermon, not for salary or reputation, but to win souls to Christ, he would not con- sider himself guilty of pl rism though he should use the best thoughts and words of others without at the time fiving credit to the original author. He believed there was strong circumstantial evidence that Homer, Shakespeare, Luther and many other ancient and modern authors plagiarized, Homer was a mere restorer of songs; Luther was not the inventor of “Old Hundred,” and there is not one ot Shakespeare’s plays that is not fullof plagiarism. He therefore did not put his name to them and made no money outofthem. There is plagiarism in the Bible, and any one who will carefully read the Epistle of Jude and the first epistie of Peter will see that the latter copied from the former, and yet he does not give due credit to the original author. SHAMELESS PLAGIARISTS, Dr. B. M. ADAMS did not think that God’s cause ever called for the breaking of God’s command- ments, He considered the essay a timely one when men are taking whole sermons from Spur- geon and Beecher and others, and not only preach them to their congregations, but aiterwards pub- lish them in the papers with their own names and as their own productions. Mr. Buckley and Dr. Haven made a tew correc- tions of each others remarks, An Indian convert, from the Onondago reservation, addressed the meeting. The preachers declined an invitation to visit “The Pilgrim” next Monday and take lunch with the proprietor, Dr. Vincent was I seer hd to address them next week, alter which the meet- ing adjourned. THE REFORMED DUTOH CHURCH. Ameeting of the Association for the Extension and Protection of the Reformed Protestant Dutch Church in the United States was held last evening at the Collegiate church, corner of Fifth avenue and Twenty-ninth street, the chair being filled by Mr. James Anderson, M. D, A large number of pastors belonging to the Reformed Church congre- gations situated in New York, Brooklyn and Jersey City were present, among whom, as most notable, may be mentioned the Rev. Messrs, Mandeville, Rogers, Hutton, Ormiston, Chambers and Van Afler the. meeting had been called to order the Secretary, Mr. W. ih de gt read the of the Executive Committee, which had décided to went & house to the Holland congregation of the V. A. H, Bechthold, situated in Twenty-ninth t, on the north ite, and between Djs Dewitve, soaior pastor ob Sup or yegiave cnu' be ted ‘First Benefactor’ to the “peg! congregation by Taming @ subscription of $250 name, ‘ A reply from the Rev. A. H. Bechthold was read, in wi he gratefully accepted the gift of the dwelling house as a worshipping place for his con- Er Ficchatahcel ae anh Sogn me F of ial church, He alluded to the church of their Dutch Jorefathers here, when New York was New Amster- dam, and when the first Protestant church was erected, in 1624, the Battery. A lecture was lately Beent- church Ne hi it aoe @ great many peo} ave shown oe tania, Owing to a large given, said Mr, hold subsequently, on behalf of the new a question by the Rev. Cohen Stuart, of am, thy for the new undertaking. amount of emigration to this country {rom Hol- land of late years a Dutch church had been found @ necessity, and divine service had been conducted in this city in the Dutch tongue for the past eight years. Mr, Bechthold seemed very hopeful that the old Knickerbocker families of the Beekmans. Vande! is, Van Schaicks, Vermilye, Van Arsdalea and others would help and befriend him in this matter. He satd that he had preached to his dock in churches and bethels, wherever they were re- ceived, but he now thought the time had arrived for them to have a local habitation and a name, and he thanked his brethren for their generous co- operation in the matter. Alter several speeches, in which great good will Was shown to the new congregational enterprise and to its pastor, the meeting adjourned. THE CHIEF JUSTICESHIP. The St. Paul Pioneer says:— The action of the Senate Judiciary Committee in the case of Williams, whose confirmation as Chief Justice is pending, sufficiently indicates that his selection 1s felt to be degrading and beneath the dignity of the position. 1t is evident the leading men of both parties have no love or respect for the candidate. All the better portion 0: the republi- cans openly bolt, and are in accordance with democrats in & purpose to prevent na- tional disgrace ii possible. but against this element of intelligence and honor is arrayed the shakings of Southern carpet- bagism and that class of small creatures who contrive to exist by trading votes in ex- for. public jobs and appointments If successtul Williams wiil owe his place to this class of Senators. Itis not probable that he will receive the vote of a single member whose reputation and opinions are held in respect by any party. Grant is working hard for his favorite, and will most ltkely buy him through, but it will-be at the sacrifice of the good opimion of the who'e Bench, Bar and purest men of the country. The Anderson (S. C.) Jntelligencer (republican) admits that “the press throughout the country does not seem much pleased with the nomination of General George H. Williams to fill the place of Chief Justice Chase. Mr. Williams has filled the place of Attorney General of the United States tor some time, and has given very general satisiac- tion, but few seem to think him a proper person to occupy the chair of Chief Justice, many reasons being alleged as to the impropriety.” The Washington Capitol of Sunday says-— The position of Senators holding allegiance to the party in power, under the dominion of a man at once 80 obstinate and so apathetic as he is who now stands at the head o1 the State, cannot, to an honorable mind, be otherwise than steeped in humiliation. Feeling it a matter of obligation to do what lies in his power to uphold the confidence of the peopie in the rule of his party py persuading them that they are well governed, he has at once to conceal, as far as possible, the errors of the administration, and, under this im- pediment, to do the little he can to guard the country from the effects of its offences, Probably under no former President has Executive despotism been at once so irrational and so inexorable; and, judging by past registrations of unwortny Executive decrees, so completely has the manhood ef the members of the Senatorial Majority deteriorated that it is a mptter of won- der a case could arise flagrant eno to compel a moment’s hesitation, Such @ case, however, has presented itself, and the long hesitancy is proof of sense of shame on the part of the Senatorial ma- jority, as well as of their fears of public indignation in case the disgraceiul appointment is ratified, and of Executive displeasure in case it is rejected. The objections to the nominee of the President are of an unusual description. They are not charges of party acts, but of crimes. Mr. Williams stands charged before the people with offences which, if proved under a prosecution, would subject him to 1gnominious punishment. these charges, spe- cifically made, and the proof tendered and pro- duced, there has been, either on his part or on the art of any reputable sponsor, no public denial, ‘oevery intent and purpose, therefore, they are to be taken as confessed. A REMINISOENOE oF ‘THE LATE CAPTAIN Y. [From the Portsmouth (N: H.) Enterprise, Dec, 13.] The passage of the last letter of Captain Fry, of the Virginius, to his wife, in which he speaks of being with her soon after hié deatn, reminds us of alittle incident which happened at the Pensacola Navy Yard before the war, while he was stationed there as a lieutenant in tne United States Navy. He was 8 firm believer in the doctrine of Spiritualism. Meeting one day in front of his residence in the Navy Yard a gentleman of this city who was then attached tothe yard ina clerical capacity, he asked if he believed in Spiritualism, to which the gentleman replied that he did not know anything aboutit. Captain Fry then invited him into his house, set him down at a table in the par- lor, gave him a pencil and sheet oi paper and told him to think about some dead friend or other, and if he had any message for him he would communicate it, He then took seat him- seit mm one corner of the ron The gen- tleman acted as directed, called to mind a young man of this city, who died in the Methodist minis- try, and immediately his nand commeuced moving imvoluntarily, the pencil in the meantime tracing out a sentence. After the writing had ceased, Captain Fry told him to read what he had written, and he found this sentence there:—“You and all your father’s family will be saved at the last great day.”’ We have heard the gentleman declare fre- quently that the writing was wholly involuntary on his part, and he did not know what was written until be had read it, THE BROOKLYN CHARTER, A few of the Academy reformers met last night in the directors’ room at the Brooklyn Academy of Music, Mr, Franklin Woodruff in the chair. They- have had the Brooklyn charter under con- sideration for some time past, and last night Mr. McLean, the Chairman of the Legislative committee, reported progress, bat asked for further time. Alter a lengthy debate they adopted or agreed upon a section reorganiz- ing the Board of Police. The section pro- vides that “within 30 days after the passage of this act the Mayor shall nomi- Date, and, with the consent of the Board of Aldermen, shall appoint a Pieper person to fill said office. In the month oj brig: 1876, and every two years thereafter, the jayor shall inate and with the consent of the Board of Aldermen shall appoint a proper person to fill such office, He shall receive an annual salary of $7,500." The committee then adjourned, ATTEMPT TO BRIBE A SANITARY OFFICIAL James Heffernan, proprietor of tne cow stables at the corner of Ihirty-eighth street and Third ave- nue, Brooklyn, was yesteday arrested on the charge of attempting to bribe a sanitary oMcial. The com- Plainant, who is Sanitary Inspector Raymond, had occasion to call the attention of the Healta.Board to cestain evils existing in the arrangement of the stables in question, and it was ordered that a new system of drainage and other changes should be made, Dr, Raymond, while seeing that the man- dates of the Board were carried into effect, was approached, as he alleges, by the accused with a roll of money. The Inspector indignantly refused to sovept the money. Heffernan was arraigned before Justice Moore and was held in the sum of $1,000 to answer the charge preferred by the Iu- spector. THE BROOKLYN OORONERS’ INVESTIGATION, The Committee of the Board of Kings County Supervisors, appointed upon the solicitation of Coroners Jones and Whitehill to investigate the charges of malefeasance made by a certain daily Paper, met yesterday afternoon in the Supervisors’ Room, County Court House, There were present Supervisors Stillwell, Fletcher and Coe. A large number of Coroners’ and physicians’ certificates of burial were submitted and closely scrutinized by the examiners. There was nothing elicited during the session of the committee to show any fraud on the part of the Coroners, Several witnesses have been subpcenaed, and the committee will meet again on Friday, NEW YORK MILLINERY THIEVES IDENTI- FIED IN NEWARK. On Sunday there appeared in the HERALD a brief report of the arrest in Newark of two stylish look- ing young men on suspicion of having stolen some $500 worth of fine millinery goods found in their possession, and which they alleged had been given them to dispose of by the widow of man who y a ‘was drowned on the Vilte du Havre. Yesterday parties irom New York, who had read the HERALD, visited Newark and identified the goods as those stolen irom Mme. Petegine’s ee Ninth street, It appears the young men rooms |. over hic, rae and pets “ne : rf was also discovered by the Newark the goods. lice that they had hired rooms overbead Mrs, ‘ppel’s mfilinery store, on Market street, Newark, gav neit uemes us cleorge Merritt aba ‘rnomes ‘They are held for trial Voity UNITED STATES SUPREME COURT. Important Opini. of the Court on the Question of the Taxation of the Pacific Railroad Company by States—Honors to Justice Nelson, WASHINGTON, Dec. 15, 1873. ‘The case of the Union Pacific Railroad vs, Pennis- ton, Treasurer of Lincoln county, Nebraska, appeal from the Circuit Court for Nebraska, was decided In the Supreme Court to-day. ‘The question in this case was whether the Pacific Ratiroad Company is such an instrumentality of the government as exempts it from State taxation under the federal constitution. In delivering the opinion of the Court, Mr. Jus- tice Strong in substance says that the taxing power Of a State is one of its sovereign attributes, and that it exists independently of the constitution of the United States, and underived from that in- strument, and that it may be exercised to an un- Mmited extent upon all property, trades, business and avocations existing or carried on within the territorial boundaries of the State, except as far as it has been surrendered to the federal government, either expressly or by necessary implication, are propositions that have often been asserted by this Court, and in thus acknowledging the extent of the power to tax belonging to the States the Court has declared that it is indispensabie to their continued exist- ence. No one ever doubted that before the adop- tion of the constitution of the United States each of the States possessed unlimited power to tax either directly or indirectly all persons and property within their jurisdiction, alike by taxes On polls or by duties on internal production, manu- facture or use, except 80 far as such taxation was inconsistent with certain treaties which had been made, and the constitution contains no express restriction of this power, other than a prohibition to lay any duty of tonnage or any im- post or duty on imports or exports, except what May be absolutely necessary for exercising the State’s Inspection law, a8 was sal in Lane county vs. Oregon—(? Wall, 71)—in Tespect to property, business and persons within their respective limits. The power of taxation of the States remained, and remains entire, notwithstanding the constitution. It is, indeed, a concurrent power, concurrent with that of the general government; and in the case of a tax upon the same subject by both gov- ernments the claim of the United States as the supreme authority must be preferred; but with this qualification itis absolute. The ex- tent to which it shall be exercised and the mode in which it shall be ewercised are all equally within the discretion of the Legislatures to which the States commit the exercise of the wer. That discretion is restricted only the will of the people, expressed in the State constitutions or through elections and by the condition that it must not be so used as to burden or embarrass the operations of the national government, There nothing in the constitution which contemplates or authorizes any direct abridgement by national Le- gislatures. To the extent just indicated 1t 18 Just as complete in the States as the like power, within the limit of the constitution, is complete in Congress. Such are the opinions we have ex- pressed heretofore and we adhere to them. The tax in question is held not to be too remote in its effects upon the efficient exercise of the federal power to be for that reason inhibited by the eonstitution; to hold otherwise, it 1s said, would be to deny to the States all power to tax persons or property, for Lief tax levied by a State withdraws from the reach of federal taxation a portion of the property from which it is taken, and to that extent dimin- ishes the ayes upon which federal taxes may be laid. Admitting fully that the company is an agent of the general government, both military and postal, the Court say it does not follow that its roperty is exempt from State taxation. In jommpson vs. The Union Pacific Railway Company (9 Wall, 579) it was held that the property oj tne company was not exempt, though the road was part of @ system of roads constructed under the direction and authority of the Unitea States and largely for the use and purposes of the general Ferromcas The company in that case were ibe agents of the government, precisely as in this, the and the same purposes. It may be considered settled that no constitutional implications pro- hibit a State tax upon the preg erty of ap agent of the government merely ecause it is the property of such an agent, A contrary joctrine would greatly embarrass tue States in the collections of their neces- sary revenues, without any corresponding advantage to the United States. Avery large pro- portion of the property within the States 1s em- ployed on executions of the powers of the govern- ment, It belongs to government agents, and it is not only used but it is neces- sary for their agencies. United States mails, troo) and munitions of war are car- riea upon ost every railroad, Telegraph lines are employed in the national service, so are steamboats, horses, stage coaches, wagons, found- eries, shipyards and muititudes of manulacturing establishments. These are the property of na- tional persons or corporations, who are instru- ments or agents of the general government, and they are the hands by which the objects of the rovernment are attained. Were they exempt, as ere claimed, it is manifest that the State govern- ments would be paralyzed. While it is of the utmost importance that all the powers vested in the general government by the constitution should be preserved in full efficiency, and while recent events have called for the most unembarrassed exercise of many of these powers, it has been de- cided that State taxation of such property is im- ae prohibited. The decree below is affirmed, . dJastice Bradley dissenting, wrote a long opinion, in which he held that it the road bed may be taxed it may be seized and sold for non-pay- ment of taxes, seized and sold in parts and parcels separated by county or State lines, and thus the whole purpose of Congress in creat ing the corporation and establishing the line may be subverted and destroyed. In his judgment the tax laid in this case was an unconstitutional inter- ference with the instrumentalities created by the national government in carrying out the objects and powers conferred upon it by the constitution, Mr. Justice Field concurred with Mr. Justice Bradiey. Mr. Justice Hunt dissented from the opinion of the Court, but wrote no opjnion. Mr. Justice Swayne wrote an opinion concurring in the result reached by the majority of the Court. In the case of Weber vs, The Harbor Commis- sioners of California, from the Circuit Court for that State, the appellant, through his grantors, de- rived from the city of San Francisco a title to land lymg on the bay, between Sacramento and Com- mercial streets, and claimed the ht to put out wharves as riparian owner. The decision below was jnst him and the decree is here affirmed, the Court holding that the water fronts are the property of the city and that veyed in this case to the appellant’s predecessors. The city has control of the privileges claimed and the appellant is not possessed of riparian rights, Mr. Justice Field delivered the opinion. After the reading of opinions, Mr. Justice Clifford announced the death of Judge Nelson in the fol- lowing language :— Information is received that the late Mr. Justice Nelson departed this life on Saturday last, at his res idence at vooperstown, New York, in the aiter- noon. The Court received the sad intelligence just mentioned with deep regret and sorrow, and, irom respect to the memory of the deceased and in con- sideration of his long association with this Court and of his eminent public services, it now adjourns without transacting the ordi ‘pusiness, The Court was thereupon journed until to- morrow at twelve o’cloc! “POLICE AND CLUBS.» same extent tor t its titfe was not con- To THE EpIToR oF THE HERALD:— I read in this day’s issue of the Heap your ex- cellent article on police clubbing, also the clubbing “ota boy. Iam glad that one paper at least takes up the matter. Now, this matter is becoming seri- ous, Can nothing be done? I, like your reporter, have often heard the threat from these boorish, cowardly and low brutes, of “Move on, or I'll club yer head off!” I reside near the Academy of Music, and witnessed not long ago one of these rough and hurly burly scenes—I think it was a benefit periorm- ance for St. Agnes’ church, The crowd was orderly enough and was largely composed of ladies When the doors were opened of course there was much pushing, Then was the time for our brave patrolmen to show their valor—swinging their clubs, threatening to mash heads, &c.— and by their choice terms increasing the disorder and frightening the poor women and_ children, A similar affair oc- curred when Daly’s New Fifth Avenue Theatre was opened on Broadway. Your correspondent was among those who proposed to sit in the family circle, The doors opened, and even before the crowd began to surge one jee creature yelled out, “Be Jasus I'll put a head on the first that moves!? Yet we were there for amusement. Now, Mr. Editor, I say, as your reporter says, had | been Struck so surely would I have shot the man, and I certainly propose to do the same at any future time. 1 am a law-abiding citizen, but do not propose to be clubbed to death by an ignorant brute, called an officer, I have visited most cities of the world, and in them ti lice are never allowed to draw their swords or trancheons except in the it absolute cases of law breaking. Here not only are Dn agi citizens threatened, but women pushed back and little boys beaten. Look at the scene in the court house during a criminal trial, The crowd, to be sure, is rough; but see what disorder is caused by these police- men, even retusing to alow people who have busi- ness in other rooms to pass? AS your reporter Truly ‘8, “should you interfere your own person is threatened.” I propose to defend myself in an: case. See the case of Jo! . ropose net ti pang? his dehberation in | icer Smedick ; ut there is no doubt that al was horribly beaten, Let me thank yowfor raising the same, for {am -gure. all people will stand. by ple will si you to keep in cowards and bra sf check tality. DECRMBER 16, 1873, NO LAW BREAKER, our yoive SETTLING TURF DISSENSIONS, pes Oia SNS Decisions Rendered By the Board of Ap. peals of the National Trotting Associa- tion, ‘The Board of Appeals of the National Trotting Association, which closed its protracted session at the Everett House late on Saturday night last, ren- dered the decisions herewith, tm addition to that of the Jarvis-Chase-Hopeful case, published in the HERALD of yesterday. It will be observed that the Board has decided numerous cases, the points of which do not appear, the reason for such action, it is only fair to announce, being the inability of the members to prepare the lengthened decisions for this publication. E. S, Stokes vs. H. N. Smith—Appeal.—Mr. White- head appeared in this case for Stokes, and re- quested a continuance, which was allowed, C, A. Jennison vs, B. F. Akers—Complaint.—Com- malian mane report. Decision of tue soard will be reported. . H. Mitchell vs, Syracuse Driving Park Asso- ciation, Syracuse, N. Y.—Appeal aud Compilaint.— Continued, Philip Bauman vs, John A. McKee, Proprietor of Pittsburg Driving Asgociation,—Application for reversal of suspension Jmposed upon himself and mare Gypsy Queen and sorrel gelding Red Dick for non-payment of entrance money. Decision—Appli- cation of Bauman allowed in part. John L. Doty vs, Fleetwood Park Association, Morrisania, N. Y.—Appeal dismissed, John W. Clark vs. Jonu A. McKee, Proprietor of Pittsburg Driving Park Association.—Petition for removal of fog of suspension of himself and vay mare Kitty Campbell, imposed for non-pay- ment of entrance money. Decision to be reported. A. H. Mechling vs, John A. McKee, Proprietor of Pittsburg Driving Park Association.—Application for an order to compel Mr. McKee to pay the sun of $600, being the first premium of a purse of $1,000 offered for 2:50 horses, and won by the horse Blue Ridge, September 11, 1872 Decision—Application refused, G. W. Saunders vs. Syracuse Driving Park Asso- ciation, Syracuse, N. Y.—Dismissed. William 8, McLaughlin vs, Quickstep Park Asso- ciation, Toledo, Ohio.—Petition for removal of sus- pension imposed upon the sorrel gelaing Billy tor non-payment of entranee money. Decision to be Reporion: . Wiley vs, Pittsburg Driving Park Association.— Petition for removal of penalty of suspension im- posed upon the bay gelding Blue Ridge. Continued. J. J. Bowen vs, Hampden Park Association, Springfield, Mass.—Application for ruling and order in the matter of protest against the mare Clemen- tine. Decision of the j udges and action of the Hampden Park Association confirmed by the ard, J. Odikirk vs, Citizens’ Trotting Association.. Petition for removal of peualty of snspension 11 posed upon the dun gelding Blind Boy; also co: taining charges against S. A. Kilpatrick, secretary. Continued for future investigation. Jos, Cummings vs. Will setiata oe ‘icultural and Mechanical Association, Joliet, Ill.—Petition for re- moval of penalty of Lap nied iraiieed upon the bay stailion Redwing. Decision to be reported. W. H. Crawford vs. Utica Park Association, Utica, N. Y.—Petition for removal of penalty of suspension imposed upon the bay mare Annie Col- lins; also concerning the entry of the bay gelding John W. Conley. Decision to be reported. W. H. Boyce vs. Detroit Horse Fair Association, Detroit, Mich.—Petition for removal of penalty of suspension imposed upon the sorrel gelding Rival. Decision—Acts of the association sustained and the money on deposit ordered to be paid to said association, W. H. Mitchell vs, Hampden Park Association, Springfield, Mass.—Appeal in relation to the sus- pension of the horse Ed. Foster, and request for an order to compel the payment of damages. De- cision to be reported. Benjamin Mace vs. Utica Park Association, Utica, N. Y.—Petition for removal of peualty of expulsion imposed upon the roan gelding Walter. De- cision—Penalty removed. ‘Thomas. Cunningham, R. W. Bayley and R. Tracey vs. Rhineveck Park and Agricultural As- sociation, Rhinebeck, N. Y.—Petition for removal of Penalty of expulsion imposed upon themselves and the brown mare Agnes and the gray mare Alice Gray. Decision to be reported. R. Fuller vs. Earl Driving Park Association, Earlville, lil.—Petition for removal of penalty of | expulsion of bay geldiug A. C. Barnes. Decision to | be reported. J. Odikirk vs. Eastern Dutchess~ Association, Amenta, N. Y.—Application for an order to compei the payment of damages resulting irom the recep- tion of Cee conditional entries. Decision to be reported. ‘rank Fowler vs. Titasville Driving Park Associa- tion, Titusville, Pa.—Application tor an order to set aside the ruling of the judges mm a match race between the petitioner’s horse Orange Billy and bebe Cole’s mare Kitty Cole. Decision to be re- ported. F, M. Slaughter and others ex parte).—Applica- tion tor a decision by’the Board, when the associa- tion upon whose grounds the race in question took place was not a member of the National Associa- ticn. Decision to be reported, Jacob Peters (ex parte).—Application for the re- opening of the case of H. S. Hitner vs. Montgomery County Agricultural Society, Whitemarsh, Pa, — + * A Day’s Pictare of the Financial World Photo graphed from Wall Street—Congressional Expression and Commercial Response— Shadows Cast by Coming Legisle- tion—An Instructive Summary, The world moves 1s a trite but none the less a] posite observation upon the current events ofa di in business circles and the causes which operate t¢ produce animation or dulness, activity or sluggiste ness in its transactions. Especially is this able in Wall street, where operations are the result of the largest stimulation in respect to news, and — where the Stock Exchange, the great focus i Speculative life, throbs responsively to the pulsa tions of similar focl in London, Paris, Frankfort and Berlin, recorded here almost simultaneously with their occurrence. It, in fact, may be almost Said now, taking modern skill and enterprise into account for their accomplishment of such a result through the triumph of the electric telegraph and the understanding of those who know how to us@ it, that the great body financial of the world is moved with a single heart beat, and that a EUROPE AND AMERICA FEEL SIMULTANEOUSLY the same arterial flow, fructifying, enriching and giving life to their remotest parts, A day's history of Wall street is an era in itself, It 1s, through the aid of the telegraph, the world’s history fora day, full of strange events to one born 60 years ago, @ novel accretion of sensations to many yet living quiet, retired lives in the country, Iv is worth a recital, espectally such a day as yea terday, which was so crowded with rapidly recur ring bulletins of events—the largest interest being directed towards the shifting situation in Oon- gress—as to almost preclude intelligent action thereon. Hence temporary chaos in the under. standing produced its natural consequence m the stock market of realizations, and in the gold mar- ket a stiffening premium, We pick up THE NARRATIVE OF THE DAY, with the quotation of gold, a little after tem o’clock—110%, 11034 bid. Following this came the announcement from London tilat the steam Frisia, irom New York, had arrived at ‘Plymouth yesterday morning. Gold here declined to 3g,” with 7 and 6 per cent alternately paid to have gold carried, that is, for the use of currency, on gold as collateral. Next comes the news that the steamer Idaho, from Liverpool, has arrived at Sandy Hook, and will be up at about one o'clock P. M. Gold during this time vibrates between 1104 and 1105, touching % at near eleven o’clock. Next we get quotations or Pennsylvania stocks from Philadelphia, while gold, rapidly Ee within @ margin of 44 per cent, touches 210% and per cent is paid for its use for ‘“ammediate di ae the carrying rate being still 7 per cent and premium 10%, 10% bid. Here we get alate Lon- don despatch (the earlier ones having come before this record is made up), dated three P. M., an- nouncing that American securities are steady and unchanged, with rentes at Paris buoyant. Gold thereupon goes off to 110% bid. Simuitaneot With this the sales of American cotton in Liver- pool are given at 9,300 bales. Sterling exchan; here advances to 1097. Shortly alter one o?cit the street is informed that the loan certificates of tne associated banks are unchanged since Satur- day, about $5,000,000, Following this came the Desens House statement, which was suc~ ceeded by a hali-past three P.M, despatch from London to the effect that the bullion in the Bank of England on balance yestel i had increased £93,000, After some fui Philadelphia stock prices gold 1s quoted at 1) pn succeeding which we have the quotations of 1 Boston stock market and a later Live: market. Foreign exchange in this market is quoted firm at 109 a 109% tor the prime a “tong” (60 days) and “short,” with sales of “ earlier at 108}4 and 108% and few bills of fe Continentals very firm. Gold has at this time off to 111%¢ bid, after which come more Philadel- phia prices and Amsterdam quotations of Ameri- can railway securities, inclu Pacific Erie and Northwestern and st. Paul, Then come the closing Loudon prices, with the commen! that American securities are barely steady, lowed by the quotations from our own Produce Exchange. Now we enter on THE EXCITEMENT OF THE DAY. A despatch comes irom Washington stating Senator Sherman, from the Finance Committ has reported the House bill to redeem the loan 1858, which is passed with amendments. Gold is’ indifferent to this and ts still quoted 111%, 111M bid, Later we had the report that Secre Richardson, in a letter to Mr. Dawes, of the Ways and Means Committee, giving his reasons jor rec- Former decision reviewed and Mr. Peters re-in- stated. Fuller report to be made. George Satterlee oi Washington Park Associa- tion, bandy Hill, MY.—Petition for removal of penalty of suspension imposed upon the brown stallion Brown Bashaw. Continued for order of notice. Beloit Driving Park Association, Beloit, Wis. (S. M. Goodwin, hele Lae a leat for a decision of the Board as to their rights and duty under cer- tain stated facts. Decision to be reported. John S. Parkis vs. Woonsocket Agricuitulal So- ciety, Woonsocket, R. 1.—Application for an order to set aside the decision of the judges in a race, and to compel the payment of oie lum claimed to have jbeen won by the petitioner’s horse Parkis’ Andallah. Decision to be reportea. Lancaster Agriculiural Park Association, Lancas- ter, Pa. (ex parte).—Application for reopening the case of Metzer vs. The Same, decided at July meet- ig OF the Board, Decision to be reported. |. D. McKinsey vs. 8. J. Goodwin, President Be- loit Driving Park association, Beloit, Wis.—Charges and specifications against a member of the Na- tional Association. ntinued. Benjamin Mace vs. Hampden Park Association, Springfield, Mass.—Application to compel by an order the payment of fourth premium in the 2:22 race, August 20, when Sensation distanced Fuller- ton and beat Camors, only ootaining first and third Decision to be reported. Weeks vg. Society of Agriculture and Hor- ticulture of Westchester county, White Plains, N. Y,—Application for an order to compel paymen' of premiums claimed to have been won. Col tinued tor order of notice. Frank Patterson vs. Erie Driv! Park Associa- tion, Erie, Pa.—Application for relief from penalty of suspension. Continued for order of notice. Theodore J, Veunum vs, Will County Agricul- tural and Mechanical Association, Joliet, Ill.—Ap- plication for removal of penalty of suspension im posed upon the mare Watseka Girl. Decision to be re 5 Prospect Park Fair Grounds Association, Brook- lyn, N. Y. (ex parte.)—Application for a decision by the Board of Appeals as to the association’s rights of duty under certain stated facts. Decision to be reported. A. ©. Cummins (ex parte).—Application for re- ward under rule 15. Deciston—Application allowed. P. E. McCarty es Seca cation for reward under rule 15, ision—Application allowed. Northern Ohio Fair lation, Cleveland, Ohio (ex parte).—Application for an opinion under certain state of tacts. Decision to be reported. Henry Hughes sex parté).—Application for re- moval of penalty of expulsion imposed upon the bay mare Laay mee Mollie Clark. Decis- We jon—Application ai . A. W. Hoithouse vs, Friendship Dri Park Association, Pittsburg, Pa.—Application for re- moval of Leto on suspension imposed upon the chestnut mare je. Continued for order of no- tice. Matthew Clark vs. Society of Agriculture and Horticulture, of Westchester county, White Plains, XN. ¥.—Application for an order compelling pay Ment of fourth premium in a casewhere the field was distanced. Decision to be reported. Thomas S. Foster vs. Woonsocket Agricultural Society, Woonsocket, R. 1.—Application for removal Of penalty of expulsion imposed September last. Wecision—Foster fined $50 for violation of rules and ordered that he be reinstated upon its pay- ment. \ Charles E. Revere ve. Woonsocket Agricultural Society, Woonsocket, R. I.—Application for removal of malty of expulsion imposed upon the Ld iding Harry Genet. Decision—Applicatien al- lowed. Kentucky Trotting Horse Breeder’s Association, pnp he Ky. (ex parte).—Application tor a deci- sion of the Board as to their rights and duty under certain stated facts, Decision to be reported, J. P. Silsby (ex parte).—Aplication for relief from nalty of expulsion, Decision—Application al- lower A MEAN OOMPEBSATION, How the Mates of the United States Navy Subsist—A Mystery. The “mates” of the United States Navy on duty on this station are preparing a memorial to Con- gress petitioning for an increase of pay. Their applicatton will be endorsed by the Admiral and all other officers of the yard, They now receive a sal- ary of $700 per year. Out of this they are com- pelled to keep their own mess, purchase uniforms and keep up their position as mes an Ameri- can officer. Of course their privations are great. Their duty ts responsible and they must be taimiliar with navigation, gan and all other essentials of naval requitement. There are about 60 “mates, all told, in the United States Navy, all of whom were appointed by the Secretary of the Navy. Congress alone, however, has the power to in- crease thelr pay, and.a bill looking to the raising of the rate of salary to $1,000 per year will be in- troduced in Congress at an early rk The “mates” complain that machinists receive sper month, and they are only enlisted men. The ship’s “ ” and STOO te a the ais rots t (60 per inthe 60 hi ngation of she ites” and that of the enii had} “petty officer’? is strikingly a The mate” woo jowed a ration (which +t $9 per month), while the yeoman are allowed ap “extra” ommending increased tuxation, says the socenie irom custome are barely sufficient to meet interest on the public debt and other coin obliga- tions, and that it would not be prudent to sell gold to increase the supply of currency. He further said that the debt for the present month will be increased many millions and there remains only $26,000,000 of the $44,000,000 reserve inthe — Treasury. Tke committee, after protracted decided to report a resolution that any increase taxation at this time is inexpedient, and on heads of bureaus to revise and cut down priations, The committee {urther resolved pe FA reap eth the seceey will be autor! make @ tempor: a low rate of interest. porary toe ee A second despatch brought to the street the Secretary’s defence of his recommendations in brief, which are fully set forth in his letter, 5 lished elsewhere, and the further statement he had ascertained by examination that the debt has increased since the 1st inst. $5,000,000, . relieve the strain which the dejection such un) ant coniessions of ill administration of came i) way of interlude the announcement that “Elizabeth, Qneen Dowager of Prussia, ig dead. She was 72 years old.’ The market failed to respond, and fresh vania stocks served as @ diver: rices of Pennsyl- lect ‘Spcl Washn,” again nallenged lecters “Spel Was! again challenged attention — with the announcement that Mr. Holman, Of im- — diana, had offered a bill providing for the substitu- tion of greenbacks for national bank notes, which: was referred to the Banking and Currency Commit+ tee. Close on this came the farther ime that Mr. Pierce, of Massachusetts, had introdi a bill for the resumption of specie payments, which | had a like reference. 4 Bere ensued @ lull in financtal news, while the confirmation of the press despatches , the Virginius was given from official sources the progress made in the repeal of the Salary f Eis More Philadelphia quotations & lowed, : GOLD HAS BY THIS TIME GONE UP PO 111i, % BID. it is then learned that Mr. Loughridge, of has offered @ bill imposing a tax on ail ini 3 over $3,000 per annum. Referred to the Ways Means Uommittee. Also that the Judiciary. « mittee had reported a bill to repeal the ruptcy law, whereypon (it Le three 0% gold closed at 111%. Senator Sherman’s upon the subject of financial reform and January 1, 1875, as a day for the of specie payments, continued the excitement the street aiter regular business hours, which still further helped by the argument of Sen Pratt, as communicated, in favor of an incre the volame of currency, which he suj by saying that ne saw no Foes g sumption in the present condition of things. The Philadelphia bank statement, the I receipts and closing New York cotton lowed, when the thread of the Washington tive was again taken up, with the announce! that Mr. Kelley, of Pennsylvania, had introd resolution in the Ways and Means Commi thorizing the Secretary of the Treasury bonds to the amount of $100,000,000, be rate of mterest, the money to be used in. Treasury demands, which was voted down the Associated Press corrected this and no vote was taken. It was also stated that a calling aie ail tn of the Gn aecha for | ensuing year, with a view to their reduction, was adop after which with the ubtication tthe treasa DO ‘Treasury the ‘Sub- Treasurer's diurnal report. Thus ends the chap’ views: balances and ter. There is subject matt here for much thought on the lators who have in hand the solution of this grea financial problem. It will be seen from the running narrative of a single day in Wall and the causes operating to produce ch our great central mart, that we are not an people but bound closely in commercial with other peoples, All legislation, the: re for ita object our permanent relief this in view, and be directed not mer temporary advantage of suffering local in as thoug we were walled in from the rest of kind, but have in view the hastening of t] when we shall stand self-poised and firmly p in commercial prosperity on the same level spect to our exchanges, with the most juropean natio HOT CONTEST FOR A FAT OFFIOE, The Shrievalty of Mercer county, New : promises to be a bone of contention in the law courts of that State for some time to come, terday, in the Supreme Court at Trenton, a quo warranto was granted and made on the first day of next term, directed to ton, the present Sheriff, to show cause wht should not be ousted from that office, The of Alired W. Smith, the contestant, all county Board of Canvassers outst of the law by babs ain | with the vi different judges of ‘arious elections boards the coun! i. counted votes for Mr. Walton to lawfully entitled. The latte: latter was by the official count of that an threes “AL iret Mr. Beasley, counsel * counsel yh iY cumbent, opposed the he declared hi Aa oa