The New York Herald Newspaper, January 8, 1874, Page 8

‘THE STATE COMPTROLLER'S REPORT Beview of the Financial Condition of Our Canal System, with Reference to Cieap Transportation. THE STATE FINANOES. Revenues, Disbursements and Deficiencies. , ‘The report of the State Comptroller, although largely anticipated by the summary made irom it in the Governor’s Message, contains yet other sug- gestions deserving of attention, The Comptroller sets out with aX earnest apd sound economic recommendation in expressing the hope “that the appropriations of the present Legislature will be limited to the revenues of the State and the amount it authorizes to be raised by taxation, and thus relieve the Mnancial department of the State government trom the great inconvenience and em- barrassment it has heretofore suffered in that In view of the importance which at- taches to the question of CHEAP TRANSPORTATION, as well as the relation of our canal system to Its prompt solution and the great interest which this city has in the issue of the present agitation, It 1s bot surprising to Mind a large portion of this report @evoted to this subject, In a statement showing the tolls received on each canal and the total expenditures for ordinary and extraordinary repairs and new work during the fiscal year ending September 30, 1873, the fol- lowing figures are submitted :— Total Income trom the Erie Canal Total income trom all other cauals. Total disbursemen Total disbursements on all other canals. Income of Erie Canai in excess vi ORES. one Income ot Erie Cal her canals in exc yernents lor ordinary Total income of all canals (includin, ceas vi disbursemen ai disbursements op all s for ordinary repairs... canals in excess of al Supriementing these figures, the Comp’ comments thus:— The canal system of this State has a lineal cluding tecders, of nearl, are comprised ‘in the. Darts of the system. They were fit the sections of the State through which they run, and as feeders to the trunk canal, 9) miles, of which i All the canais aro 1 constructed to bene- @ latter, from its posi- en most favored with businoss, and has paid from its carnings $50,412,710, its cost of construction, also for all ordinary and extraordinary repairs and main- tenance, and has had surplus earuings besides of about The lateral cauals have been loss suecess‘ul thaa the Erie Canal, The con- xgislature shall not se or otherwise dispose of any of the canals of the ta’e, but they shail remain the property of the State and under i's management forever,’ implies, fair and hiberal construction, that all the canals in thi stem shall be Kept m navigable condition so long as ihe Oswego and important parts of the whole henango Canal, the as financial enterprises 1 inhibition that “The all remain im f Champlain canals are vor It has been urge: ng ith Caynga Lake and tho Gencsve Vailey - Canal, are no longer an essential part of tl i that their necesstty has been stiper- ¢ d operation of raiironds ran- niug substantially over the sane lines of communication, and that, inasmuch as the expense of superintendence and repairs is targely in excess of their revenues or earn- eitsolt trom the burden of , leasing or otherwise disp ropcsed to the consi pointed for that system of the State seded by the con: ings, the State should rel supporting them by sellin . m. in {he amcudmeuts tution o: the State b; eld its session it t session of the Legislature of 1 tiona’ restriction against selling, leas! canals is removed.” & tagjority o} Assembly comprising or otherwise disposing ct the: amendment has been agreed to bj meinbers elected to the Senate an the Legisiature ot 1873, and referred to the present Logis- lature, and, if again agreed to and ratified and adopted by the people, the constitution will Le so amended that it will be within the power of the Legisiature to sell, Jease or otherwise dispose of ail the canals of the S.ate those named in the proposed amendment. roperty transported oa all the New lor business aggre- ital Invested in the ‘ng on the com- t ‘The value of the yout $7, 0),000,.0 » $ lor naviaaling t ereon and connec: tate may be esti dollars. The indivee: Leneits of this vast im’and x hrough the state north and south, east and west, in adding to I More than compen . haye been made for the construction and maintenance of the canal system of the Erie canal, in its effect, das been like the bicol from the heart of the livin, the body, giving growth, vitality, The ariiticial waterway from the lakes to River was (or a long period without competitors ‘or the Hew-born commerce it had created in the West. The advent and extension of the railway system has greatly nged the course ot trade. es been flowin jers to its use tiaily removed by. the te. The commerce of thi on the pr: Sperity of the State, through the great artery being to the ex:remites of The St. Lawrence Kiver from the lakes tu the ocean. uses of commerce Bi onstruction of artificial connecting water channels, which begun to be used in 1856. trade by that route has sioce increased. The State of New York, in con- seque: the active competition that has prevatlea in other reatoard States, has not controlled its pro; the trade of the Northwe: it ing seaboard points bas been ina mach w parative deliveries Chicago, Mil- ork. xhibits the com enor Large t lake ports, includ: of flour aud grain at lake ports, inclu fio, Detroit, Cleveland, St. Lo in tie calculation ot i in the calculati jour is bushels the undermen toneu periods, j roe as cqual wo five of wheat for each Total six yrs. 918,491,296 * January | to December 6. The rat'o of the deliveries of compared with those at lake po: rain at New York 5t.22 per cent; In 1409, 46.91 per cont; in 1870, 51.51 ‘1872, 53 per cent; ta 25 per cent; in average of last six year: ears, 51.08 per cont K years, 51.68 per cent; 51.09 per cent; in total of last six average of first three of the last im average of the last three of the last s1x years, 50.63 per cent ‘the ratio of the grain deliveri pared with those at seaboard port F cent; it 136, 47.14 December 7, 52.92 pet cout; in e I Years, 62.6 per cent; in average of first three of fars, 5LU1 per cent; in average of the last three of x years, 51.56 per cent. The ratio of th 5.12 per cent f four and grat \- ty. the Erie ud Champiain canals, &« compared with the totai deliveries by rall and water at New Yor! wes :—In 1068, 74.82 bs 71, 62.66 per cen in 167 to December 6, 51.59 per c Of last ‘six years, 61.67 per cent; in average of ears, 61.67 per cont; in average of the tmx yours, (4.17 per cent; in average of the last three of the last six ent irst three of the the deliveries of flour and ¢ As compared with those ai p er cent; in 186%, 90.52 1870, 105.06 per cent; in L per cent; in 1373, the last six years, the last six years, 96.45 per cent three of the last six the last three of the 56 per cent; in nggres 96.45 per cent; in average of average of the frst 101.82 per cent; in average of years, 92.50 per cent gregated deliveries of flour and grain at Mon- tho four years, trom 1897 to 1880 inclusiy inst 65,727,541 bushels tor 1) ) inclusive, indicating @ gain. Paring the two periods of 44,992,939 bush The aggregated deliveries of flour and delpbia for tho tour trom 1866 were 39,595,819 bushe four years trom 1*6) to rain at Phila- * A to 1868 inciaave, ‘ainst 73,994,010) bushels for the 372 inclusive, indicatin; aring the two periods, of 34,353), The gain in 1373 has been in an augmented ratio, exceeding that of any previous 7ehe shipments of 4 ents of flou Baapension Bridge, py the Nt ‘were equal to 81 hel weredestived Men 2,414,593 bushels for Albany araln at og: have been equal to 3.244 gee destined for the New Lngiand stat ecate annual movement, vin 0 New York Central Railway, Y vushels, mostly indicating an ag edensburg and over yse States of about gainst 2,083,361 bushels y ur and grain at i; deen very considerably augmont- jot been so marked as at Philadel rea ‘The receipts at New York city b; i, ars have been equal of Ol land and Boston bave all rail routes for the in flour and grain to hols, against 189,596,279 bushels by the Hud- and in the year 1373, to / bushels by rail, against leliverios tf flour and grain at tide- gon River and vessels coastwise December 13, have bee (4,020,469 bashels by water ‘water by the Ei with those at inke port ), 29.58 per vent; in cent; in 1872, 31.87 per c per cent; in aggrega cent; in average ot @verage of the NEW YORK HERALD, THURSDAY, JANUARY 8, 1874.-WITH SUPPLEMENT. Sinn pee ceeteee Ot SP Maes tare wr cae ase en years, rie aera thd ni eaten inten Sears n aad cant; aire ; Rice sae mentee ee ree ecEat Tn trarnegar helene ears eer ae dS a ee The canals are, within threo yeara, to be en- letred. | Their aguregate lenuth |s only milea The elland, 23 miles long, can now i vessels ot about 40 tons measurement, carrying 600 cargo, This canal and the several short st. Lawrence canals are to be #0 en- larged as to pass vessels of tons measurement, car- rying 1,000 tons cargo. With tho present faciliiies b; at route upwards Oo: te at buvhels of cereal produc! were received at Montreal in 1875, mostly from Weste: lake ports, Wi ¢ proposed improve.neats shall hi been made this state, to hold the trade of the West, wmuat be prepared io meet s competition between Lake Micnigan ports and Montreal, of rates of treight not ex- cocding 98 3 ftom, which'ls about 10cents per bushel fe at ‘or ie average rate ot tweuwzht trom Ol via the lakes, New York canals ai © has been, inciading. Stay, ls and car- and Fpl of Bufato and shi driver, hus been, for the same period, 84 ¥2 on wheat and $467 on corn per ton of 2,000 pounds, includ. ing State tolisand ca: riers’ profits. Ih rate trom Chicaxo via Uawego is about the sa via Buftalo. With the present canal capacity, to faci at ch diminished rate, With cannot be done fora very 1 all large class vessels on the lakes of 1,800 to 2,000 tons g capactiy each, the lake rate (imcluding car- profits) from Chicago to Buffalo cannot be much, average can: iy for tho last sevon years ve an average rate of $6 420n wheat and $6 17 on corn per ton of eg Chicago to New York, against $5 5) per tom of pounds from Chicago to ‘onireal by that improved route, canal totis inciuded. ‘tho opinion is entertained by some that the present Erte Canal, with ail ita tocks doubled and the bench walls re- moved, with fail seven feet of water, and steam as a motor jor moving boats, can successfully compete with the improved St, Lawrence boats, Ey others, these 1n provements, with the tional one of the use of the tumbie-gate piacsd so as to elongate, somewhat, tho chambers of the present locks, giving rom for longer wisome additional carrying capacity, # to give the necessary power to meet successfully tie expected competition The inwrests involved in the question ot the retention of the trade of the Northwestern states through this State are of too great maxniiude lo be jeopardized by auy hall-way or douvitul useasures of improvement. They, Must necesarily be such as will duninish the cost of transportation, 30 that they can aud will successiuily ureet the competition from any and ail othor routes. The first enlargement duninished the cost of transportation, 43 given in State kngincer Taylor's revort on the re-en- largemeat of the Erie and Oswego canals, transinitted to the Legislature in 1864, one-hait: same report state that w re-cnlargement aday for the nayigauion O1 boats of 22 w 2 cet beam and toms cacryimg capacity, through locks 26 feet wide, in eight reet of water, will rarther dimin-sh the present cost one-half, It tsbeiieved that this improvement, with sieau &s a motor, giving 10 to 11 days’ time tor the passage trou Chicago ahd Malwauxee to New York, will secare and hold tie trade of the Western and sorthwestern States in perpetuity. Some other method of iin- rovement to secure the desired ond—the secur ng and holding of the trade—ta be devised by the superior wisdom of the Legislature. The tacts 1 in rela‘ion to tae movement oF grain from the West asvurg, over the Central Kailroad to Sta.es; trom Erie to Philadelphia and x . indica’e the wisdom of the Legislature in adhering to the policy of low tolis, The reduction has only partiwily arrested the diversion of Western trade froin the canals, without securing the proportionate in- crease of It, In the last Legislature an amendment was proposed to the constitution of the State relative to funding ihe Canal and General Fund debts charged on the canals. That amendment, having been agreed to by @ majority of members elected to the two houses, is reierred to the present Legisiatare, and will undoubiedly be brought up tor consideration and action. The tollowing statement the canal debt and the years when will gi p $11,241,429 1 bution from the revenue of the canui tor the Zour 1873, appropriated vy the constitution to, the pay- tment of the General Fund debt, extinguishes that debt, and it may, therefore. be regarded as p vid. ii the amendmentis agreed to by the members elected | to the two houses of the Legi-lature now in session and sieved ae opie, the Commissioners of the Canal fund will be aut ed to borrow on the credit ot the | State such sums as mcy be necessary to pay and cancel the debt now charged ou the cauais as the game shall tall duo by the issuo and sale of bonds or certificates of stock having 40 years to run trom their date, bearing interost at the rate of five per cent per annum, payable semi-aguually, for tho payment: of the principal whereot at maturity a sinking fund of one per cont et annum shall be establisned, and the | Canal Board will be dirccted to fix the tolls of tie canals at rates gufticing, as near as may be, to provide only ior said sinking tund, the interest on the debt > created, and tho expenses of collection, rintendence and keeping the canals in repair. he object of the proposed amendment being to reduce the tolls and consequenily | the cost of tre! tation on the canals to the lowest Possible rates, it i fore commends itself to the serious and favorable consideration of the Legislature. ‘There is no doubt {f phe state retains the trade which has hercto- tore sought and now seeks transportation over the canals, the cost of transportation must be made as cheap, or chenper, than that of any compoting route; and if ‘the adopttoa of the proposed amendinent will teud to efiget that result, gd ep that the true policy and interest of the State will Le promoted by its adoption. Concerning THE FINANCIAL CONDITION OP THE STATE we extract the following :-- The total vaination, of property in the State in 1866 mounted to $1,531.22,698. ‘Ihe tax of two aud one-eighth mills an this sun produced $3,188,705, deduc:ing two per cent on account of non resident taxes and county treas- urers’ {ees The valuations of 1873 were fixed at 122,626 386, and the two-mill tax laid for the curront al year will yield $4,174,067, a larger sum by $1,172,857 than would be realized by the same rate on thy valua- tions of 166. The total interest on the debt in 1867 was 900, In 17S Mt was $1,482,241, loaving of the tax of ‘$2,611,468 applicable to the’ reauction of the princi- debt on the 20th September, 1873, atier deducting the unapplied balance of the sinking find. amoun‘ed 10 $10,968,065 ‘This debt falls due in April, 1877, hence but four years’ taxes can be contributed, imciuaing the levy for the current year. With careful’ wanagement a rate of two mills on the present vaiuation will pay the i terest and produce ample means to redeem the princi- Dalof thisdebt at maturity. And reduction may be safely predicted if the tax due from the several counues is promptly asscssed, coileeted and paid into the treasury. The statement of the expenditures and revenues of the last fiscal year, showing an apparent de- ficiency of $9,597,212, when the actual deticlency was only $1,800,380, draws forth the following ex- Plapation — A careful summing up of all balances of appropriations in force September 30, 147% excluding amounts covered by the general appropriation bill for the currcnt fiscal ear, and taking into account ail unpaid balances of xos due from the several counties at the close of the fiscal year, amounting to $8,916,371, of which over $5, was due trom the county of New York alone, and the taxes Of 1873 tor new Capitol, naylums, &e.—a proportion of which were anticipat revidus to Getober tthe defcioncy 1s $1,400,390. , ‘The tax of one and one-halt mills of 1873, for general purposes, will nearly cover the appropriation bill of that ear. The estimated deficiency September 30, 1574, is 690, based on actual appropriations, the miscella- Neous receipts only being estimated From theve figures it will be observed that a tax of one- half of one mill, yielding $1,00,000, will be required to rovide for exisilhg appropriations to September 30, 4, and every dollar appropriated by the present Legis: re must be met by @ corresponding tax. ‘The amount stated in the last annual report as having n borrowed to meet existing claims against the Sta maintain the public institutions and provide for the pa. ment of extraordinary appropriations made by the Leg! lature, wns $2,275,0W, all of which has been paid, in ad- ition to $2,425,500 invested for the various trust funds. The three and one-half mill deficiency tax, authorized by the Legislature of 1872, and legalized in 1873, amounted BY $7,810, 08, of which sum $2619.40 was appropriated for canal deiiciences and $4,6%,70 for general. fund de- ficiency. Of this tax there been received into the treas- ury at the date of this report about $2750,0W, leaving unpaid at least $4,560,000. The urgent demands on the Canal Department to meet its abilities were such that it became absolately neces- sary that the proportion of this tax should be realized froin some source, and the Coniptroiler felt it his duty to pay the amount in tail. The valance, when received rom the severai counties in arrear, wiil be invested to a large extent tor the bounty debt sinking tuna. DEFICIENCIES. From an examination of the books in this office it ap- ears that, at the clove of the fiscal year ending Septem- er 30, 1308, there Was a surplus in the revenue of the eneral fund of about $1,551,000. Since that time the fiabilities created and appropriations made by the Legis: lature have generally been largeiy in excess of the puslic revenues and the tax authorized to meet them, creating Canal and general tund deficiency, in the aggregate, at ithe mectiog of the Legislature in Is72, or some ei tg OMIETS, AND RXPENDITURES, e receipts in:o und payments from the treasury on account of all the tundy, except the canal and tree school funds, for tho fiscal year ending september 30, wel as follows ies ++ 816,833,188 ments. MM STL TST Balance {n {he treasury Eeptomber 30, 1873,.... $2,431,400 The receipts aud payinents on account of the general fund revenue for ihe fiscal year onding September 80, 1874, aro estimated as follows :— Esiimated receipts. Estimaicd payments. Estimated deficiency September 90, 1874.. $996,690 STATK OF THK TRHASURY, Balance in the treasury October 1. 1872........, $351,690 Amount received into the treasury on acconnt of the soveral funds during the year euding September 39, 1573 (gee schedule [) ea . 16,450,674 Amount of warrants drawn on the treasury re- maining unpaid September 89, IB7S............. TOL 00990 o+00 Amount of warrants 4 treasury on account of tho se funds during the year ending Sep. tember 30, 1873 (so Amount of warran ‘a treasury remaing unpaid September 80, 1872. Balance in tho treasury September 30, 1873... 450 ‘The balances due from and to the treasury September $0, 1873, were as given in the following state:nent ;— From the generai fund tevenue, deficiency... $9,897,212 From the coliege land seript fund revenue, de- MINOR cscta os0 rss stssraecctaeteressesevvuses |. Ald From the inilitary record fund ‘revenue, dei- CIEDCYsseeveee. asa ares 445 From the Treasu: 1 Tot +0 tee ee ss B12,990, 521 During the months of August and September there was Stolen trom the office of the State Treasury the sum of $401,907 of the public treasure. ‘Iho larceny has been traced to the clerk who at that time had charge of tho money desk in that office. He fled to an adjoining State; but he was promptly followed and arrested, and is now in the Albany jail, under indictment, wit rospect of an carly trial. It will, therefore, require an appropria- tion, or an addition of the sum _so stolen, to the financial accounts of the Treasurer's office, to make them corre- spond with the books in the Comptroller's Department, The closing pages of the Comptrolier’s report aro devoted to the subject of taxation, the burden of which ts to point out the necessity of all taxavie Property of every description, per.onal as well as Teal, being assessed “at the juil and trne value Vhereof.” This, he contends, is not now (he case, Personal property largely escapl all taxation and real property being mostiy underestimated in its assessinent. In respect to the latter, however, tho Comptroller forgets to cal attention to tho fact that real estate in this State. owing to the tax on mortgages, pays, In ® great proportion, » double tax. THE STATE CANALS. . —_+-—_—_ Report of the Auditor of the C. partment. The folowing is a synopsis of the financial report of Auiitor Dayton. The report is lengthy and we give only its main points:— RROKIFTS AND PAYMENTS, Total re te Of fe a receipes ¢ canal for fiscal yea ea, 453 Surplus revenues of the canals for last fiscal year. TOLLS, Tolls tor fiscal year ending September 30, 1872. . . $3,000, Tollg for fiscal year oacing Seotemper 3. 1373.. Re ‘his statement shows a falling off in the toll receipts of the last L year of compared with 187% This fall 5 et fed to the: lespread dis- ease among the horses in the fail of 1872; the effects of the recent financial crisis, Th rt shows s reduction in expenditures of th ¢ re reduction in expenditures of the last fiscal year as compared with 1872 of $416,511, and a She canal debe, after apply Hl the sink’ 0 08 after applying a ing funi amounts to $10,278.05, Avail and final coneination of $1,000,000 has been wade to the sinking applicabie to the payment of the goneral fund debt. TRANSPORTATION QUESTION. ‘The Auditor dwells at lengih op the question of the en largement of the canals and other now projects. He ee out the reasons why the producer is deprived of benefit o! nislabor end investments, and contends that the difculty cannot be traced to @ want of facilities for transportation. The capacity of Sega has never near its utmost limits. With the comple- louble locks, now in process of construction, al Will not be pressed to its capacity or required for inane, t rs to come. He ludes to the share of the debt of the geners which the citizens oft this State nuit f. y re! State debt, and wa the public debt of over $00,000,000 "incurred by the counties, cities, vil- lages ‘and towns of the State for various purposes, and concludes that we are not now in a finaticial condition to permit of any experimental projects. The canals should be completed and keptin perfect repair ol the siz3, dimensions and capacity con- templaud by jormer logislation, and this done, every Purpose {or which the canals were coustructed ‘or can Toally serve will be sully answere REPAIRS, RTO. Tho cost of repairs and eiperintendence of the canal: including the collection of revenues for the last fiscal ‘oar, amounted to $1,453,155. This amount is believed (o 1m excess of the reasonable requirements of the public service. To this must bo added the fruitful source of ex- ponditures—the extraordinary repairs. The Lezistatare could do much to bring their enproptls ne within proper limits by a little at‘ention to the annual appro- priations. Lf the Commissioners would closely scratinizo the monthly estimates of uperintendents, retusing their assent to any expenditure not absolutely necessary; If all materials wore purchased, as they might be, at the most fayorabie rates; it labor actually performed was only paid tor at prices which rule im ‘the case of indi- vidual employment, if agents and laborers were not em- ployed trom personal or political considerations, but Bry as needed aud with. respeot to their qualifications for particular duties, aud tho claims of party were not Geemed paramount to the interests of the State, a great ara in the expenditures of the canals would be the result. ‘The expenses of the Engineering Department for tho last fiscal year amounted ‘o $106,000. This sum is deomed much too large tor the amount of work being periormed. There scems to be a radical defect in the present system of canal enginocring, the plans and estimates boing very unreliable. He poiu.s Our some sources of loss to tho State, among which is the frequent necessity ot changes Of pidus ‘or new work at‘er its commencement upon the lan recommended by the engineers. Tho Staic also fosestargoly im tie {requent caucellation of contracts and the reletting of the same work at enhanced prices, CANAL AWARDS. Awards for the years 1870, 1871 and 1872, includinz at- torneys fees, salaries, &c., amount to about $1,100,000, This dees not include awards during the same period by the Commissioners and Can: ard, which jount to about $350,000, There are also claims on file amounting to millions not yet brought to a hearf g. Tho Auditor rec- commends a chinge in tio law in relation to appeals from the awards of the appraisers. STLAM ON THE CANATS, ‘The efforts being made to make s‘eam the principal powor used on the can tls should continue to be encour- aged. A successful evort in this direction would prac- tically double the capacity of the canals, Increase their ni revenues, and iniuse now life and y var.ous branche‘ of canal navigation. riments already made indicate much progress ‘oward ihe accomplishment uf the grand purpcs?, Many new dovices :m1 systems bave vcen projected, pes essing novel aud valuable jeatures. FEDERAL TAX ON CANAL BOATS, The Auditor vetails what has been dono by the federal government relating to the imposition of @ tax on the fanal commerce of this State, and suggests further leg- ation. A valuable table is given showing the profit or loss in operating the several canals since 146, am! the total cost of the construction of each of the canals. The subjects of tolis, canal debt and latcral canals are considered. All of the contracts known as the “repair contracts’ have expired. BUSINESS SEASON OF 1878. The season of ete? just closed has been one of the shortest on record. The general condition of the canals hasbeen good during tho year, and no very serious breaks have occurred, with the exception of one at Waterford. The season has not been a prosperous one for the car- rier, we hts having ruled low since the opening of the canal ‘Tne canals wore officially closed December 5, but were ractically closed by snow and ice about November 20, ver 1,00) boats were trozen in, and notwithstanding every effort was made to pass thein through, but compar- atively few reached tidewater. LIGHT FOR THE CITY. Meeting of the Gas Commissioners to Award Contracts for Supplying the Lamps with Gas, &o.—Lively Defence of the Mutual Gas Company in Its Own Behalf. Tne Gas Commissioners met yestorday afternoon at the offices of Commissioner Van Nort for the purpose o! awarding the contracts for the supply of gas to the city for the ensuing year. Mayor Havemeyer presided, Commissioner Van Nort and Comptroller Green being present. In the First district, comprising all that section south of Grand street on both sides of the city, and containing 3,000 lamps, the contract was awarded t© the New York Gas Company at $33 a lamp, the work to be done being the supplying of gas, the lighting and extinguishing of the lamps and the glazing. Otber work needed was not taken up for consideration, In the Second district, comprising the section of the city bounded by Grand street and Thirty-fourth street and both the rivers, containing 6,635 lamps, the contract was given to the Manhattan Com- pany at $33alamp. The terms of the contract were the same as the first district, In the Third district, running east and west from Thirty-fourth street to Seventy-ninth street, here are 4,041 lamps, and there were two competitors tor the contract—the Metropolitan Gas Company offering to do the work at $37 a lamp, provided it got all the district, and at $39 a lamp for any por- tion thereof; and the Mutual Company offering to - @ portion of the work at $45 a lamp for said por- jon. Commissioner Van Nort stated in regard to the proflers of these two companies vhat the bids were informal and could not be received, the bonds not being presented and the departmental formula not being used in one case, and on the ground of expe- diency in the other, A discussion ensued among the Commissioners as to what should be done with the bids, the main polat being to find out whether the Mutual Uom- pany should be excluded. On a calculation being made it was found that were the contract awarded to the Metropolitan Company at $37 a lamp for the entire district a saving of something like $6,000 would be effected. AC this point Commodore Gar- rison, President of the Mutual Company, addressed the Commissioners, asking them to decide then whether or not the Mutual Company was to be de- prived under every circumstance of a chance of competition. He explained the claims of the com- y for consideration. The Mutual Company, he said, had, in years past, owing to their competition ‘Metropolltan Company, which would have been a monopoly, saved the city hundreds of thon- sands of dollars. Owing to that competition the Metropolitan Mc on were obliged to cut down rices to the jowest point, andthe only consideration ow the Mutual Company received was merely to be used as @ means to reduce the prices of the Me- tropolitan Company. He did not believe that such & mode of procedure would be practised by the mercantile community, and the commission should be guided by the mercantile stanuard. He velieved it was just and equitable that the company, offer- ing to perform all the conditions required by the contractor, provided that company was the lowest bidder, ought to get the preference; and why then exclude the Mutual Company, whicn offered beagle all the conditions necded at a lower price than another bidder? He was sure this was wrong. But i! the Commissioners persisied in their determination, as it seemed from tne tone they had assumed that they would continue, the Mutual Company was anxious to know that fact, Jor they wouid then withdraw from the competitor- ship and iniorm the Metropolitan Company that they had done so. Remarks were also made in support of the Mutual Company’s claims by Mr. A. B, Stout, also & member ofthe Mutual mpany, and, finally, Mayor Havemeyer summed up the arguments of both gentiemen, drawing the forcible deduction, unexpressed by either of the previous speakers, that were the Mutual Company to withdraw from competition there would be no competition, and the result would therefore be that when the Metropolitan ponmany pte in their bid in the pre- scribed form as required that company could ax the cost per lamp at $77 or $79, instead of at $37 or $39, a8 now. The Mayor would, therefore, be in favor of waiving the tectnical points raised by Mr. Van Vort and of er the contracts at once, Mr. Van Nort objected to this, but moved that, instead of aps bats J the two bids, as at first sug- gested, they sould be laid upon the table und the adiMculty be settled at a future meeting to bo called by the Chair; which motion was adopted. ‘The application of the Harlem Gas Company waa Also laid over on account Oo; iniormalities, THE “CITY RECORDS" DUBIOUSNESS, Mr. Diabecker, sapervisor of the City Record, yesterday communicated with Corporation Attor- ney Smith for the purpose of ascertaining how he should act relative to the publication of the pro- ceedings of the Board of Assisiant Aldermen and the recognition of Mr, Moloney as Ulerk, Mr. a sent word that he would give his opinion to- le THE COURTS. The Latest Phase of the Special Sessions Question. Important to Policy of Insur- ance Holders, Novel and Important Family Contest in the Roliwagen Will Case. Yesterday, in the United States Circuit Court, before Judge Benedict and a jury, the trial of Leander Fox and Byron Fox, on an Indictmeut charging them with having sent obscenc publications through the mails, was resumed. The Aszistant District Attorney having con. cluded his argument, the Judge charged tho jury, who, attor a short consultation, convicted both prisoners, and they were remanded for sentence. John Sweeny, & little boy, was charged yosterday, before Commissioner Shields, with passing a 50 cent con- terfeit s:amp. The Commissioner discharged the ac- cused, holding that he was not old enough to Know that tho stamp was bad. In the United States District Court, yesterday, beforo Judge Blatchford, in the matter of Joab Lawrence, an alleged fugitive, Mr. B. K. Phelps, District Attorney of the City ard County of New York, made return to the writ of habeas corpus, setting forth that Lawrence was held under warrant of extradition issued by Governor Dix. The case was adjourned till Saturda; SUPREME COURT—CHAMBERS. it Phase of tne Special Sessions Question. Before Judge Lawrence, An application was made on behalf of Mary Ann King, by Mr. William F. Howe, yesterday, for an ordor to show writ of prohibition should not issue re- straining the present Board of Police Justices, while acting in tho capacity of Justices of tho Court ot Special Sessions, from proceeding with action in tho case of the defendant, Mr. Howe claimed that tho present Police not authorized to hold the Court of ecial Sessions in the county of New York, and iving them their present pi em with the vower of. ther contended that the officers, and therotore ct Sessions of the county ot ‘ecord of the county, while the magistrates are simply officers of the municipal ther reason wa ices are not hold the Court of iow York, which is a advanced that ourt, did so in violation of ‘the that all judicial officers elected, whereas these officials claimed their positions by appointment of the Mayor and Board of Aldermen, ‘Judge Lawrence granted Mr. Howe's application, Sheriff and His Claim for Special Sorvices. Simon Lovy claims to have been appointed deputy sheriff in 1863, and to have been assigned, in addition to his ordinary duties, to attend upon tho Sheriff's jurv. For this spec’a service the Supervisors, it is alleged, voted him pay at the rate of $10) a month. He let mat- and months and years pi tation, which provid A Depaty ters run.on very easil without calling tor Totty sum of $5,090, nting comptroller the lattor refused to pay it, adop ing the usual conrse, he resorted to the mandamus his counrel, 01 the case being ar- in this Court, insisted stren-ously that the moncy and that there was no reason . Mr. Andrews, Avsistant Ccr- Doration Counsel insisted as #renvously that, he had been paid his reg claim for extra p: roserving his decision. Tne Rent of the Corporation Counsel's remedy. Mr. Brooke, why he should not be paid. hy had no just iwrence took the papers, In tho suit of Davis vs. The Mayor for the rent of the Corporation Oounsel’s office Justice Lawrence has anted the motion to open the default on payment by the city of ‘costs, with 1eave to the city to answer within Decisions. age Brady. earaal Life Insurance Company vs. Gedney.—Order —Order settled. © Society vs, Wilson.—Motion tate Tron Company vs. Now York Construction Motion granted. fatter, &c., of ipe Peekskill Plough Works — Gottgetreu.—Allowance of $100 granted to Davis vs. The Mayor, &c.—Memorandam, In tho Matter, &c., Ing.—Granted, SUPERIOR COURT—TRIEL TERM—PART 1. Long Suit on a Strip of Land Eleven Inches Wide. Before Judge Van Vorst. For a good many years there has been quite an action and exciting legal controversy as to the ownership of a strip of land 30 teet long and averaging 11 inches in width, This contest has been between Mr. Samuel Knapp, on ono side, and Mr. Aaron Altmeyer on the other. own contiguous lots on Crosby stree! is between the two lot B Brewster vs. pon dg Equitable Life Acuranc with $10 costs. and the contested re two buildings—one having nd the other being some 50 p owns the latter house and lot, and rdvogiy bringa aiitin ejcctment. The case accordingly brings suit in cjectmen: case Be! and resulted in i en to the General Term, which This second trial was concluded urt and resulted in s verdict for the built over 70 ys r. sterday in this plaintift. Decisions. Castens vs. Muller.—Order dismissing m Jackson—Same vs. ted. SArkeriman ‘vs. Joncs,—Case and exceptions ordored to me.—Motions Allen vs. The Fourtt National Bank of the City of New York.—Same decision. COUAT OF COMMON PLEAS—SENERAL TERM. Attachment Against a City Tugboat. Before Judges 0. P. Daly and Larremore. ‘The tug boat U. 8. Grant was some time since attached by the Pilot Commissioners to recover @ penalty for throwing ashes into the harbor. Judge Quinn, of the First District Court, discharged the attachment, on the ground that the boat was city property; that it was quired for public use, and that {t was not amenabie to at- tachmont. An appeal was taken from thig decision, bat the same was confirmed yesterday in this Court, aly. ied, without costs, Felter vs. Coopor.—Motion deni hi Fi Perry.—Motions In the Matter &c, ited. tho Matter, &c., of the Mechanics’ Lien of Jones, 4&c.—Motion denied. ) MAKINE COURT—CENERAL TEAM, Decisions. Jucge Jonchimsen. B; Rothschild va. Rubi Eller vs. Hale.—Motion denied, wit! Lindenburgh vs. Lewissohn.—Motion denied, costs to 1 Froelich vs. Altman.—Motion granted, with costs. Fi —Motion granted, costs to abide ‘ont Haaren vs. Millor.—Motion denied, without costs. Chadwick vs. Koesting.—Motion granted, with costs te te Tyler va MeNicol.—Motion granted, with eosts to abide on vs. Waring.—Motion denied, with costs to abide event and with liberty to renew. Sachs vs. Metzger.—Motion granted, with costs to abide rent. Buticr va Middlefield Marble Co.—Motion for sta payment of costs ordered by Judge Spaul- ‘costs opposing this motion hilt va, Kirchnor.-—Moti ‘redbury va. Altmn: jon to vacate Judgment MARINE COURT—PART 2, Important to Life Ins Before Judge McAdam. Catherine Neil vs. The American Popular Life Insur- ance Company.—The plaintiff, the widow of Henry Neil, deceased, during the lifetime of her husband, astevedore, insured his life for her own and children's benefit with the defendants for $1,000. At tho time ot negotiating the policy the usual questions were asked deccasod—the © particularly, The age given to the fter his death the widow ited her claim, in which she swore tho age was (9 at the time ffecting the insurance. Th ay the policy, contending sed as to his e and vitiated the question as to his company was 55, company thereupon re at the representa- ited in law to a war- take of the law, and directed tho jary to find for the defendant, woich was done. SURROGATE’S COURT. Frederick Roliwagen ard the German Millionnaire' Family Contest. Before Surrogate Robert 0. Hutchings, Frederick Rollwagen, 6r., died on tho Lith day of October, 1873, aged about 67 years, leaving him surviving his three sons, Frederick lollwagen, Jr., Louis P, Roll- nd George D, Rollwagen, tho two latter being te &@ great extent dependent on their father in his Lifetime, ‘The doceased also loft him surviving soven grandchil- under age, the children of his deceased Gaughter, Sarah Browning. The children are provided for by their father, George Browning, a gentleman who formerly owned « large amount of real estate in the Seventeenth ward. The cecoased also loft him surviving his alleged wife Magdelena, who formerly, and antil about two years before his death, was his housekeeper, and who became hig third wife, At tha tima of Important Der Busvanc’s cea she was sick in bed with me erysip- elas and was pregnant with a child, The estate left by the deceased consisted of real and personal property of the value of about $550,000. After the burial of the de- ceased, and for several days thereafter, the widow re- fused to have the will opened and its contents ascer- tained. Thereupon Mr. George F. Langbein, attorney and counsel of Frederick, Louis P. and George D. Rollwagen, appiied to Surrogate Hutchings tor a subpana command- ing the widow to produce the will, which she accordingly did. Up to that moment none of the heirsat law and next of kin had seen the will or knew its contents. They Were surprised to find that their father had barely lett them a life estate, and had given the bulk of his great property in fee to his widow. She rocelved in fee tho intial residence, house and lot and personal property 0, $12 Gast Ninth street, together with tour houses and Jots in avenue A, near Twelith street, together valued $150,000, one-ihird of all his other persunal Bre Is f his Perty a: one third of all the rents, issues and profits of his real estate for lite, while the three sons and ohildren o! 3 deceased daughter, Sarah Browning, received the balance of the Personal ‘property and rents, issues and profits of the real estate during their natural lives, and upon their death to their heirs. ‘The deceased was very empha{c in nis wish that none of as real estate should be soid until his youngest grandchil now about two years of age) oF Any gramachild that may hercufter be born shoul ‘sotage. He named his alleged widow, Mag- lend and her two brothers, Henry Herman and George Herman, and his eldest son and hoir at law, Frederick Roliwagen, Jr., hig executors. As Henry Herman had been the deceased's real estate agent and ‘collector, and as no one had gower to collect the rents Mr. Langbein, as counsel fer the three sons, immediately made avpli: gation to the Surrogate for spectal letters of adminis- tion to appoint some suitable person to act as receiver and collector of ths large real and, personal property Pending the contest of the will, On the hear: ng of «tho §=motion Mr. Maloolin Campbell appeared a3 guardian | ad litem and oounsel for tho children of Sarah Browning, and joined in the application; ex-Governor Stewart L, Woodford and Messrs, Arnoux and Kich Appeared for the widow os executrix ana two brothers as oxecutors, and op- prpii ion, Ti motion, however, was granted, and William A. Eoaver, President ot, the Adri- ‘6 Company, was appointed receiver &nd collector, and filed bonds ih the sun or about 120,000, The probate of the will was then set down for hearing. The objections to the will are six in number. First, tbat the Gecensed never signed the will or codicil thereto, and that it is not the 1 of the deceased at all; sei that the witnesses did not sign the will or codicil as requi by law: third, that the deceased was incompetent incapable of inaking a will; fourt the jue restraint and infil brothers; firth, and memory ¢ th, that he was under nce of his wife and her wasof unsound mind 1 was void in law, > ing against the statute of alienation in tying estate Lor more than two lives in being, Mr. Campbell, as attorney and guardian for the Browning children, also commenced suit in the Supreme Court to have the will declared invalid in law and to re- move the restrictions imposed by it on the real esiatc. Counsel also applied tor a writ de ventre inspiciendo to no into the alleged pregnancy of the wilow, ich was tullv reported in the Hinaup at the time. The Court a: pointed three physicians—Drs. Purdy, Powell and Guiden—who did find her pregnant wiih child, and who were present at the time of its birth, an intant girl. By the will this child, if legitimace, at once tell heir to $100,000; but the legitimacy of this child 1s questioned by the contestants, who say the deccased was Rot its father, The marriage of the alleged widow will also be questioned by the contestants, before Surrogate Hutchings and in the Supreme Court. As the Contest was about to commence some two weeks ago, ira Schaffer appeared as counsel for Emily 8. wull- wagen with @ petition, and claimed the right to appear and contest for the wite of the youngest heir, George D. Rullwagen, on the ground that she had ah inchoate right of dowor, and that the husband had abandoned the wie and gone to California without providing tor her, Mr. Langbein read several affidavits alleging that atthe time of the husband going to California the wite refused to go or to live with him, and preierred to re- main with and live with her father and mother in New York eed Mr. Clinton made the argument that the wite's inchoate right of dower gave her no right to rep resentation in tho contest before the Surrogate, espe- clally when the hushand was represented ana contesting by both attorney and counsel. The application was also Qpposed by Mr. Campbell, ae guardian and attorney for the Browning children. and by William Henry Arnoux, attorney for the alleged widow and executors’ proponents of the will. The wrrogate, atter mature deliberation, Wrote a lengthy opinion upon the point and denied the application. avid BR Jacques, counsellor-atiaw, was appointed the guardian of the new born infant, who has been christened Magdalena Rullwagen tho younger. This infant is in a inzular position as to the context of this will and codicii of its alleged dec father, Ita in- terests are with the contesants to break tho will, and its intcrosts are against the contestants as to its alleged ille- gitimacy. ‘THE TESTIMONY, Joseph Pelleshetm, an attorn-y-at-inw, was the first witness called to sustain the will aud codicil. He was One of the subscribing witnesses to both and drew the Will and codicil; Re received his instructions trom “Lena,” as she was called, the alleged widow: the de- censed could not speak, and only nodded his head and made # nasal sound at the fume of the execution of these papers. John Theiss, another of the subscribing witnesses and the undertaker who buried the de wore that the deceased enid “Yes,” in a low husky whisper, when askod whether the papers were his Inst will and codicil. Dr. Henri Gulden, the remaining subscribing witness, also testified that deceased could not speak at the Ume, and contradicted the otuer two witnesses in some ma- terial points. ‘The contestants opened their case by calling Frederick W, Geissenhainer, who testified that he had been the at- torney and counsel for deceased evory since his adinis- rion fo the bar, 28 years; that he drew several wills, and that in March, 1873, he was sent tor and called at the house of decea ed, with regard to a question as to a party wall; he found deceased very feeble and prostrate; he could not talk and made & muttoring sound; he could Not raise his hands, and the witness could hold no con- yersation with him or make bim updorstand, except through the medium of “Lena,” who professed to trans Jate the muttering, Inarticu’ate sounds; in June of the Same ycar ho was again sent for several times to come and draw the will and tho witness re-wed toyo, After & re COURT OF GENERAL SESSIONS. A Notorious Burglar Sent to the State Prison for Fifteen Years, Before Jucge Sutherland. Yesterday, in this Court, James Short, better Known az Wiley, a confederate of Mart and Wes Allen, was tried and found guilty of burglary in the first degree. He was indicted with three other men, who escaped. The proof showed that on the night of the 6th of December the house of Edward 8. Brown, 201 East Ninth street, corner of Third avenue, the lower part of which ts occupied as bakery, was barelariously entered anda Iver and $40 in money tal Short was seen at the premises early in the cvening, and afer the o! was com- itted he was chased by a private watchmon and seen to leposit burglars’ tools in the trunk of a rotten tree and Mr. Brown's revolver on a pedestal at Tompkins Market. In view of the notorious character of Short, the City Judge sentenced him to the State Prison for 15 years. John Ryan, jointly indicted with Jonn Kelly, pleaded gaulty, to an attempt at burglary in the third degree. tho jictment charging that on the 27th of November pay burglariously entered the storehouse of Dearborn G. Fiper, No. 372 Bleceker streat, and, sto'e $8 in money. Ryan'was sentenced to the Biate Prison for two years and six mont Forgery. William Walthor, alias William Keyser, pleaded guilty to forgery in the fourth degree, he having on the 20th of November forged an order upon Butterfield & Co. for one ton of pasteboard, ong otras to be sisned by Mrs. B. Meyer. Walther was sent to the Penitentiary for 13 months, False Pretences, ‘Thomas Batier, a smart looking youth, was convicted of obtaining $5 by false pretences from John Hastings, Who purchased ve boxes (rom him. rag polling x ad which, he ler was sent little containing soap, in the stree: said, had $5 and over in each ot them. to the Penitentiary for six months, Acquittals, William Kennedy, James Johnson and Philip Riley ‘were tried upon a charge of attempting to break into the stable of Samucl Hirsch, corner of Bighty-sixth street and Fifth avenue, on the night of the Sist of October. The defendants showed to the satisfaction of the Court and jury that they had arrived trom Hartford in soarch of employment, and sought shelter for the night, A ver- dict of not guilty was oy, rendered. A boy nained Thomas Hurley was also tried and ac- ne box containing muffs in ‘ont of Richard Mcares’ store, corner of Sixth avenue and Nineteenth street, on the 3th of November. ESSEX MARKET POLICE COURT. A Dishonest Domestic. Before Justice Otterbourg. Julla Prendergast, a healthy looking servant girl, was committed, in default of $1,000 bail, charged with gram larceny by P. A. Horgans, of No. 220 Rast Righteentn strect, with whoin sho was employed as.a domestic. The prorerty stolen consisted of jewelry and clothing valued at $140. Julia aud the jewelry disappeared simulta- mecusly. Tried to Blow His Brains Out. Joseph Knediter, of No. 123 Ridge street, and William Phindernagle, of No. 336 East Huston street, became eng! in a quarrel last night, and Knedler, drawing a revolver, fired a shot at Phindernagle, but luckily missed bin, Be was arrested and held in $1,000 bail yesterday for A Disappointed Burg'ar. John Doyle was arrested by Officer Hartling, of the Eightcenth precinct, charged with breaking into the va- cant premisos on avenue D, near Fourteenth street. They only contained a few broken chairs and dosks, be- ing used previously Ww offices, He was locked ap in default of $1,000 bail. A Heavy Haul. Emanael Berger, of No. 8 Sheriff street, a cigar manu- facturer, was locked ap tn default of $5,000 bail charged with stealing $2,200 in cash from Jacob Tisch, who kecps & grocery store in the same building. Tisch and his wife had the $2,200in the Bowery Fay. nd drew {t all outduring the recont panic, solvency of the banks. They pat the mone: ureau in their sleeping a ment, which was oi the store, They charge that Berger ju, an says that on December 6, at two o'clock, counted the money and found tt all correct. 1! evening, at five o'cloca, sho swears she stealing out of her bedroom, and im tely after led depositing it in the missed the money. They inten bank the following morning. Berger, who isin a lary way of business, dented the charge and produced sev- is trial Mr By P. Russell appeared lor the prosecution is trial, Mr, B. PF. ppeared for rosecutio and Mr. G, H. Yemen for the defence. a A Daring Highway Robbery. Jamos McAlvancy, of No. 313 Wator street, and Charles Mullane, of Hester street, wore held in $3,000 bail on & charge of highway robbery. Tho complainant, Michael Mullery, of No. 93 Monroe sireet, swears that on Tucsday night, at cight o'clock, as he was passing through Chorry sroet, when near Catharine street, he was accost the prisoners, who offered him tor sale. \ low! vi Mallano ritied his pookets of a sliver Ywatch and 64 In money. TOMBS POLICE COURT. Before Judge Bixby. “Strange to relate,” om the 6th of January Juan B, Martinez, of No. 10 Wall stroot, was arrosted by Detec: tives Von Gerichten’ and Zabriskie Mullin, ot the Central Office, on a charge of solling tickets for the Hi re Judge Bixby and ted to some charitable pure A Dishonest Broker. John M. Purdy, insurance broxor, residing at No, 138 West thirty-fourth street, was arraigned on a charge of defrauding the Equitable Lite Assurance Company out of According to the affidavit of Wiltiam P, Halstead, Aud» tor of the company, & man named Joshua H. Hewes pro- cured a life policy from them on th the haif year:y premium on which ot July, 1872, and the 26th of Janua Purdy called on Nr. Hewes a 6 ned by James: forgery, and Purdy was held General Sessions.” e 20th of January, 1873, ‘was $7647. On the 31 boi! Jonn M. collected the . Alexander, Second This agnature w: in $1, YORKVILLE PSLICE COURT. A Drunken Man Robbed by Boys. On Monday night last Francis H. Dean, of No. 1,311 Third avenue, imbibed so frecly of alcoho! that he lost all consciousness of surrounding objects and lay down on the sidewalk to reeover himself. Henry Flavin and Henry Wangeman, three boys, Dean’ as they were passing by, and came t hi ‘angeman refus Jonn Hoolahen, two approovriaied De arrested, on the information of Wangeman, Db; McGinley, of the Tweniy-first procinct, yesterday, and committed for trial by Justice Murray. A Coupic of Boid Burglaries. Jobin Murray and Kdward <arroll were arraigned on charges of burglary preferred by Captain Killalea and Detective O'Brien, of the Twenty-second precinct. On Monday night, it was alleged, Murray broke into the residence of William B. A. Sturgis, No. 213 West Fifty- trom | $103 worth, Fitty-first ‘and ropbed of “alive? Rutus Darragh, also broken ware and an overcoat, in all of the vaiue of $153 osed to have done this, because where ho t No. 6l4 West Forty-sevenih streat, there ‘a large portion of the property stolen from Mr, it_ was found in a ar Darrach’s house. Murray admitted, how= javing comimitted both burglaries when arraigned but both were committed for trial, Some more of COURT CALENDARS—THIS DAY. Cognet 1RCU' —Pa ao Judge Van Brunt —Nos 1 > 3 \us2 ui 4, 105%, 1069, 1062, 1 UrneMe COuRT—GENTRAL is, Vantels and Brady.—Nos. 15, 16, 22, 26, 48, 00, 53, 54, 55, 68, 11, 42, 43, 67, 62, 63, Terw—Held by Judy Surremz Court—On anne! 83, 94, 95, 99, 101, 112, 115, 117, 11744, 121, Superior Court— ‘a Van Vorst.—Noa. 5 5i4, 619, Part 2—Ad;ourned Couxt or Common Preas—Triat Trem—Part 1—Held by Loew.— No. 612. Part 2.—adjourned for the term. Common Pikas—Gunenal tenu—Held b aacges pet , Robinson and Larremore.—Nos, 75, 97, 12! Akins Court—Tna Tx! 8106, 3527, 377, 3878, 408, Court OF GENEKAL Rxssions—lleld je, &c., v8. Thomas Murt mu and Thomas Bon Same vs. William Dish, assault and battery. BROOKLYN COURTS, UNITED STATES DISTRICT COURT, The Grand Jury. Betore Judgo Benedict. A Grand Jury was cmpanelied yesterday, with Mr, William Mackey asforeman. Judge Benedict charged them to the usual effect, and then announced that the balance of the month he would hold court in New York. On Sawrdays, however, he would be in tendance in Chainbers in Brooklyn; otherwise there would be no District Court here until next mouth. A Brewer in Bankrupicy. A meeting of the creditors of John Schneidor, the lager Deer brewer, against wnom a petition of bankruptcy hag been filed, was held in Rogister Winslow's office yester y afternoon. Mr. Charles Robinson, of New York, and ir. W. G. Hawsins were elected assignees, Ami creditors are Parsons & Cresswoll, of Rochester, Christine Scheider, land.—The Pc vs Samuel M 27,000; J. R. Shugen: Brooklyn, $96,000; 9. SUPREME COURT—SPECIAL TEAM. TSudge McCuoe’s Libel Sait, Before Juize Pratt. Anordor was issaed in the suit of Jadge McCue va, @ New York newspaper association for alleged libel, thas Mr. Shanks, the city editor, shomid appear before a ir questions ag to the naime of the libellous publication. afr. used to divulge the namo and yesterday app! Judge rat to have the order of reference vacate: the ground that it was simi pcp ni te Plaine wi areferee and ai ‘8 proceeding to force another defendant in (Py counsel said th the pame of the author of the article to substit Actitious name of John | SUPFEWE COURT—CITCUIT. Justice Quinn’ Before Judge Pratt. ‘The case of Frank MoKlroy vs. Dennis Quinn and Wiliam B, Rogers, reported yesterday, resulted in a dis» miseal of the complaint against both defendants. It ap- peared that Mr. Rogers, a tormer law partner of Judge Quinn, had some transaction with the plaintiff ana others, and that an assigninent of a moi te to McElroy for the defendants had tra title. The; ra Weed ie transaction, hole matter was personal ately d:smisse to him, on the ground that he know no transaction, and it was entircly out of the scope i law partnership. As to ismissed, because there was no proof that the note was Rot collectable, or fondant Mr, 0. H. Windela and J UNITED STATES SUPREME COURT. Decisions, Wasminaton, Jan. 7, 1876 No, 105, Washington University of Missouri vs, Frinch etal—Appeal trom the Circuit Court for Missourt.—Ia this case the Court below held that parties Uving in in- surrectionary districts during the war, and who prior thereto naa given deeds »f trust on certain laudsin Mis- sourl with authority to the trustes to svll in default of payment of the debt which the deeds wore given to se- cure, were entitled to a suspension of their contracts pending the war, and would after its close be entitled to Pertorm their contracts and receive their lands, not- withstanding a sale in their abse rovisions of the deeds. This decision is here rever: he Court holding that sale of real estate made in pur- suance of such provisions in a deed of trust is valid, not- the deed were citizens and. rection atthe time of the to the war was Hagrant. ound in # loyal State is liable to scizure lebts contracted beiore caso of other non-Tosidents. gers the complaint was ‘withstanding t! resident nat the war, as in the Mr. Justice Miller delivered No. 69, Boan vs. Beckwith—Certificate of division from the Circmt Court for Vermunt.—‘he questions fur de- cision In this case were, first, whether the plea of a mil tary officer, who had arrested and imprisoned a private eitizen without warrant or other authority, except that given to the President by the act of 1865, that the aot was done in obedience to executive and military orders, was @ bar to an action for talse imorisonment; and, second, whether tho action ought to ve dismissed by force of the provisions of an act to declare valid and conclusive cer- tain proclamations ot the Pre: uance thereoi or ot his orders in the late rebeilion, approved March 2, 1867. Doth questions in the negative, holding, in substance, that such military authority did not exist in the xbsenos district where the arrest wi mado, whore there were Do military operations and thy arty arrested was in no way connected with the mi ry service and the courts were in unobstructed oxer- clie of their jartsdiction, and that it was not eno eH the act within see Sst Ge Lge ere it was generally ompioyed in te execuuve of the government. vo come within. the indemnity of the statute. The act must be done in jont and acts done to pur- Ppression ot tho ‘he Court answers of marta! law ‘in the ursuance of exp ination issucd by the Presicent or under jority, Mr. Jusiice Fiold delivered the No. & Atkins etal. vs, Fibre Disiniegrating Company— Appeal trom the Circuit Court for the astern District of New York.—This was a libel for treight due on a cargo brought from Kingston demurrage while getting a cargo and for damages to tho ship by being stranded at Port Morant, The decree of the District Coart was for tho libellants, except as to the damages for getting ashor Circuit Court from so much of the decree as disallowed es aud the respondents from entire decree, the decree on a question of holding that the District Court, as a ty, had no authority to aitach the prop: esident of tho district, under the prohibt. in the oleventh section of the Judiciary The libellanis here claimed that by a volute tary appearance made on the part of the company it ha ‘the benefit of this objection the question of the right of atta they contended thatit exists. and that without it there is no rewedy, whatever the right of action. The Court sus- tained this thoory and reversed and remanded the cause. The case has been sevoral times reported. Mr, Ji Swayne delivered the opinion, No. 77. New England Mutual Insarance Company va, Detroit and Cleveland Navigation Company—Appeal from the Cireuit Court for Obio.—This cause Involved the same question decided in the case No, 8 Atkins ot al. ve Fibre Diswtegrating Company, of the right of atta sults in personam brought residents ot the district where the action tg bi the docision made in that caso disposes of the que; Port Morant, Jam., for and they appealed to the it Court reverse: 4 on the merits of ment in sich cases QOONTINUED ON NINTH PAGE.