The New York Herald Newspaper, January 13, 1874, Page 4

4 ASSISTANT ALDERMEN. More Opinions as to the Legality of Electing a President. Mayor Havemeyer Transmits the Corporation Counsel’s Brief and Also Gives His Ideas. Intense Excitement at the Hall--The Lobby Fully Occupied and Overflowing. Itisa long time since such an immense and motley throng crowded the chamber of any branch of the Common Council as was jammed into the | lobby of the chamber of the Board of Assistant Aldermen yesterday afternoon. The only reason the great Dumber of spectators attending this | session Cam be ascribed to is merely a morbid idie curiosity on the part of the loungers hanging around the City Hal. The unemployed laborers know perfectly well that the Assistant Aldermen, in their present locked condition, cannot afford them any relief, and even when fully organized this branch of the Common Council has no right to | order any public work done, except in the manner indicated by the charter—viz., by contract. | And yet the idiers must grace the municipal halis with their presence, in a measure represent- ing the great public, Not only was standing room | at @ premium, but it required the united efforts of | Roundsman Conlin and several of the patrolmen | of tue Twenty-sixth precinct, whom Captain Leary had detailed for this service, to keep the crowd (rom carrying the doors off their hinges in their eagerness to gain admission, THE HOUR FOR MEETING was set down for two o’clock. Nearly an hour previous to this designation the doors were opened ‘@nd the unwashed “statesmen” in a jiffy held com- plete possession outside of the railings. The mem- bers of the Board soon dropped in, one by one, and the observing spectator could see in each indi- rived, but neither of THB RIVAL PRESIDENTS (Mr. William Wade, republican, and Joseph P. Strack, democrat), both having agreed to remain @way until the question has been legally adjndi- cated. Assistant Alderman Cas. M. CLANCY, the leading spirit of the democrats, opened the ball, rose in his seat with great dignity, and moved that, “owing to the absence of the President, Assistant Alderman Stephen N, Simonson (republican) take the chair.” The motion was duly seconded, put to a vote by General Pinckney, the Clerk, adopted, and Alderman Simonson assumed the station and the gavel. Assistant Alderman CLaNcy offered a resolution to the effect that “the Corporation Counsel be in- | structed to bring the case of the Assistant Alder- men into the courts, for the purpose of adjust- ment.” Alderman HEaty offered an amendment that the “subject of the President be sent to the courts; that there was no trouble about the Board.” Assistant Alderman THORNELL said there was no time now to introduce resolutions of this kind, as the public business was suffering while the mem- bers stood here wrangling. The Presidency was a subject for the courts to settle, who would define the intent of the law, which might read one way, yet have another intent. As regards the Board of Assistant Aldermen, he desired to state that ne ‘Was not prepared at present to vote apy way, but | would patiently await a legal decision. He hopea, moaeret the gentleman Would withdraw his reso- ion. Assistant Alderman CLancy retorted somewhat Spiritediy that ‘the majority would insist on their rights. That chamber was the last remnant of democratic authority. There was a great deal of chicanery, and persons went around to the re- ‘publican institutions, and the Corporation jounsel gave an opinion, but every able lawyer was o! a different opinion. The majority purpose to have the matter brought to court for the pur- pose of adjustment—brought in speedily, by con- sent of both parties.” The Corporation Counsel and others had given opinions in regard to the legality of the election of (our) their President. He would take the liberty of reading another opinion, which, however, differed somewhat from the others. Mr. Clancy then proceeded to read the following legal opinion :— Tt is with great reluctance that I attempt to enter into the controversy in relation to the affairs in connection with the changes which lately occurred in the Board of Assistant Aldermen. Nor am I so presumptuous as to place my opmion in contradistinction to the elaborate argument of the Hon. Deiatield Smith, Corporation Counsel. ‘But 1 will endeavor to briefly state the grounds which my poor judgment deems justify my action, since Tam accused of being the main instigator of We pro- ceedings. ‘The Board of Assistant Aldermen were elected to hold office trom January 1, 1873, to December 31, 1874. This no one disputes. At the organizstion of the Board, January 5, 1873, Mr. Wade was elected by resolution as President tor the year 1873 only, under the law then on the statute books, ‘and under which we were elected as Assistant Aldermen and organized accordingly. The charter, as Mr. Smith calis chapter 335, Laws of 1873 (out which T calla law, which any subsequent Legisia- ture may amend or repeal), passed April 3, 1873, provides how we shail act in the fuiure or the manner in which @ be chosen, Ihe words expressed are as follows :—“kach Hoard shall choose a President irom its own members, by a call of the names of the members of the ‘Board, upon which call each mem- ber shall announce his choice.” That bas never . been before or since the act irom which the above is quoted became a law. We never attempted to depose ir. Wade during the year 1873, but complied with the law under which we Were elected and organized. the election of Mr. Strack we obeyed the present law and | all its provisions, recognizing all the restrictions, firmly believing that the law is not retroactive. And it it is not directly stated, with regard to the Board of Assistant Al- dermen, I do not believe that itis prohibitory and, { am quiet sure that the courts will sustain me. Iam fully aware that it provid-s, “This section, however, shall not be construed to require or authorize’ a reorganization.” That certainly ts not prohibitory, for the same section “He (the President) cap be removed before the expiration of his term only by a vote taken by a call of yeas or nays of four-niths of the members of the Board of which he snail have been chosen Presi- dent.” Now, it a President can be removed by a four- fiiths vote, I am sure that the clause is not prohibitor: The legislative history of the provision as given by Mir. Smith ts somewhat incorrect. From the first introduc: tion of the bill until its final passage it was never in- tended to give the appointing power to the presidents of each Board. It was proposed in the committee, but never inserted, and for this reason they foand it | was not sound Jaw to determine a Presi- dent, and legisiate him into oifice from our own members. It occurs to me that no official has authority to say why provisions were Propowed, except that they were intended to pertect the matter then under consider- ation. Many propositions were made, but to be carried through, Now, is it not proper to presume the intentions were somewhat interfered with by the pro- Moters of the above after many very extraordinary efforts? jain, he says, we are prohibited by the last sabdi- mon sense, do Piston fom reorganizing. | Sow, in all 6 words “shail not require or authorize” mean to “pro- Ripite” If they do I am sadly in error. wooly ving ail ‘of his opinion atter the above, for the reason I believe any competent egal mind will see at once there is motive tor it, { take from his opinion the following :—“In other words, the Legislature, having public knowledge that two knows reputable men were in office as presidents of these bourds, leaves them to be removed by a mere majority vote” (hat is what was elected by—a @ majority), and is at the same time cuaretul to prohibit the re- moval, except by @ four-fifths vote, ot any unknown president who might in tire be chosen.” He says that that argument is “forced, technical, arti- ficial.” Forced for the reason that the logic ts too strong; technical, because it 1s the profession of law to find the technicalities to make a strong argument, and artifcial itis the metaphysical production of the philolo- 4 upon the law. it subdivision which provides the manner a Presi- dent shall be chosen and prescribes t removal (four-fifths vote) can be di riod intervening, my judgment is aguin deiective.” 1 hold, as many others, that, the removal by a vot being necessary, an election should have oc Pfeviously under that subdivision, oveying it to the ter, The paragraph he begins with “and when once chosen,” &c., occurs fo me thut “kindly memory" is strainel a lille too much. £ think that requires no an- er. 1 do not regret that my conduct flavors of partisan de- sire, but it must Le in accordance with law. Jam too Woll Aware of the partigan feeling exhibited one year ago, when that “reputable man” was to be one of a tri- UMVITALe to Wake the appointments for the city govern- ment or the means n nent oF the, means parusuns resorted to to secure his Throughout the length and teyg trom Maine ty ievnia team of Meaico, Municipal, county d A loginlative character hold Caucuses: of « political Nes . And, unless a profligacy oucur ether party controls the beay, curs AS SAIOREAY Of await with great anxicty the decisio and, when obtained, Tain on too happy tothe, coer iat no one Will take brage e opinion. ‘Tassure all that 1 have no wisn in ty, koton oF Assistant Alderman THORNELL inquired hy % the opinion that he Just heard read wancrewaae stant Alderman CLANCY (with great dig. ht ag Charles M, Clancy himself, aid just as w as the opinion you have got. Assistant Aiderman THORNELL did not qnestion the motives of the so-called majority. One man’s mo. | tives are as good as another’s, A majority could | not force him to complicate his position.” inere Waa no question of democrat or republican, but oi order in @ portion of the city government. je did not want their proceedings made the dat ing stock O1 the community as they were iast ‘An amendment to the resolution was offered by Mr. Aoaly, making it read “tne case of the Presk this great coun- ara to the Guilt By | d, Not a single | | vidual countenance that something of moment was | MgRt ot the cl about to transpire. Finally two o'clock had ar- | } Question is whether this intent was made erlectual to re- NEW YOKK HERALD, TUESDAY, JANUARY 13, 1874.—TRIPLE SHEXT. gents of the Assistant Aldermen,” and tt was car offered another Counsel be di- ization of a8 possible anpase of adjustment. Thia was offered asa titute for the original resolation and smendment. Mr, SoMMERS—That’s my resolution. Several members—No, it isn A motion to tabie the gubstitute was lost, The substitute was then tabled and the original resoiu- tion a8 amended was adopted. A resolution was handed tn calling for attention to the lamps on the bridges on Fourth aveaue, it was laid over, a8 was also a resolution calling oa the Commissioners of Frublic Buildings to cem- mence repairs of sucn buildings, where needed, lor the purpose of giving employment. Mr. KBAOE inquired whether @ resolntion for paving aud graaing Eighth avenue, which wouid give employment to the poor, nad been passed, and whether the Mayor had stricken out tue part which would render it use‘ul? In answer, the CHAIRMAN stated that the resolu- tion was in the bands of the Clerk of the Aldermen, A number of resolutions to pave Sixty-seventh street, a portion of Eighth avenue and otner streets by day’s work were lost, on the ground that che work could not be done in that way. Mr. SOMMERS wanted to know why gentlemen were opposing these general orders and thus BLop- ping work t Mr, Kkuog said he voted against the orders be- cause he was not sure the Work could be done by contract. ‘The CHAIRMAN ROW rapped the Board to order, and announced @ “Message from His Honor the Mayor.”’ Mr. Peck, Deputy Clerk and Acting Clerk jor the present, had the docament handed him, which he proceeded to read. The first part of the Mayor's Message Was summed up in a few lines, and contained the opinion of Corporation Counsel KE. Delatieid Smith, which was published in tne H&RALD On the llth inst, Then toilowed another document, which proved to be an opinion ai his Own (the Mayor's), as follows:— Exucutivs Durautaent, Orry Hatt, ) ~ New Yor«, Jan. 12, 1874. "4 To THe HONORABLE THE BOARD oF ASSISTANT ALDERMEN :— GeNTLeaxN—I have the honor to transmit herewith av Opinion of the Counsel to the Corporation in regard to the power of your honorable body to reorganize the Board as it exisied at the time of the passage of the pres- ent charter. As my views on this question are not in ac- cord with those eniertamed by the Corporation Counsel, 1 have thought it my duty to communicate them also tor such copsideration a» your honorabie pods may iudge them to merit Ww. F. Hal MEY Nie t Alderman rected to ites’ exe’ ate of the 01 e matter bape belore the courta as speed! Maror's Orrice, New Yous, Jan. 12, 1874. To tux Honoras.e tHe Boagp OF AasisraNnt ALDKRMEN ?— Gextixwen—The Board of Assistant Alderinen or the city ot New York elected Mr. William Wade a President for eran 1373. Such an election was valid and legal under the laws then existing, and thereiore his term of fAanuary, 1874. Unaer those laws and the terms of that election his official powers terminated on that day, and it became necemary to elect a new President unless his term has been extended by some new law or some new action of the Board on the subject. The Board have not re-elected him or done any act whatever to extend his term of office. It is claimed, however, that the act ofthe Legtsia- ture of April, 1s73, to reorganize the local govern- of New York extends for one year his oficial term. Ido not think so. The only materiat pro- Visions in that act affecting this question are contained in section 6, which declares, among other requirements of the respective Boards that ch Board —Aildermen and Assistant Alder- 1 choose a President from itsown number by a call of the names of the members of the Board, upon which call each member shail announce bis choice, and, when once chosen, he can be removed betore the expira- tion of hig term as'Alderman or Assistant Alderman, only by a vote taken by a call of ayes and noes of four-dtths ot allthe members of the ard of which he shall be chosen President." Second—“Appoint a clerk and other officers.’ “This section, however, shall not be construed to re- quire or authorize a reorganization of the exisung Board ot Aldermen or Board of Assistant Aldermen.” In & communication to me on this subject the Corpora- tion Counsel gives it as his opinion that Mr. Wade, under the above provision of law, is President of the Board of Assistant Aldermen and will so remain until the lst of January, 1875. The Corporation Counsel holds, in substance, that an election of a new President in place of Mr. Wade would be a reorganization of the Board and that such reorgani- zauon is prohibited by the last clause of the sixth sec- uon above quoted; that therefore Mr. Wade's term of office is theretore extended for another year. I tail to come to bis conclusion or to concur im bis reasoning on the subject. He says, “Having conviction as a lawyer, L express and maintain it Im my official character.” And t, inorder tocome to his conclusion as a lawyer, of a plain and clearly drawn act of the Legislature. he gives what he calls the legislative history of the above pro- visions im reference to the removal from office of the President, &c., then in office. He says the “object was to prohibit a mere majority of either Board from chang. ing the personnel of the Appointing Board during the two yeurs lor which the Common Council was elected. The ottice expired on the Ist ot tain Mr. Wade as President of the Board of Assistant Aldermen for these two years for which the Common Council is elected.” In the first place, the Corporation Counsel may have deen wrongly Informed in the lobby at Albany in regard to their “object” and “intent” about thi sion for removal of the taen existing Pi next place, his “convictions as a lawyer” in construing @ statutory law, acquired by sending to Albany to learn its unwritten history, cannot be the “convictions ofa lawyer” who does uot know this secret history, but who determines the “object” and “intents” of the Legis- lature by the plain and perspicuous language of the act itselt. nally, upon this point it isof no conse- uence whatever in the question at issue whether the Board could remove Mr. Wade from office. by a inajority vote, by @ four-fifths vote, or whetwer they could re- move tim at all. i ‘the question is whether the Board could fill his place after the term of office for which he was elected had ex- pired, not whether they could remove him from oft nor how they could remove him. The Corporation Cou sel says, very correctly, “It is true, but for the charier viz. Ye above act of April, 1873) he would go out as resident at the end of 187% for which year he w: elected President.’ The question then is simply. ‘th: tbe new charter extend his oficial term from January 1. 1874 (when it expired), to January 1, 1875. It tt did, then. he is still President, and clothed with ali the powers, oftcially, which Re ‘had during the year tor which he was elected by the Board. If it did oot thus ex- tend hus official term then Mr. Joseph P. Stri the member elected President in Mr. Wade, is such sident, or the Board has no President Itismot pretended tha: the charter in distinct language extended his offcig! term. it says nothing whatever about the tendre of off» ot the Pren- deut or other officers of the Board. or wuem it should terminate. The new charter accepts them as it finds them, and by not authorizing @ reorganization substan- tially directs the Board to recognize them as lawtul hd responsibilities as if ~ The Srstciuuse of the sath section says “each Board shal! choose a President," 4&c., making it imperative to do so at once on the’ charter taking efect, and under this clause all the old officers would then have been legally removed unless re-elected; but the last clause of the section prohibited this ‘and provided in substance that under the new charter the existing oficial organi- zation of the Board should be recognized as legal and valid. A reorganization of the Board was not to be al- lowed. Which, as to the President, meant that they must accept the organization, as to bim, a6 the charter found it, What was that organization? Clearly that. as to its principal officer, the charter tound the Board with a President legally elected, and tor the term of one year, Yo expire at the endoi the year 1873. The tenure ot his office was fixed by the Board, and was 4s distinctly a art of its organization as was his election to his office. he election, therefore, of a President to succeed M: Wade, arter'bis term had expired, was not a pro- | hibited reorganization of the Board. He was ofmcially dead at the end of the year, and was as abso- lutely divested ot his office as it he had been personally dead. How, then, can it be deemed a reorganization of the Board, as to tim, to elect his successor, when he was no longer President? He held no office to be removed trom. But. again, no one can be legisiated into uifice, as no officer can be legislated into an extension of the term Jor which he was elected, except by a distinct and clear enactment to that eflecL Here there is nothing of the kind, aot an approximation, no allusion whatever to the tenure of ollice of any of the existing incumbents, which the new charter found in the Board. This prohibitory clause against reconstruction, which ts brief but clear, cyntains ail and every word of the act that a claim to this official extension can by possibility be based upon. Nothing else is pretended. except the Corporation Counsel's legislative history of “objects” aud “intents” when the bili passed, or was before the Legislature, and that history relates to the first clause about removals from ofice, and has nothing to do with the point before us. But this prohibitory clause, it will be observed, is directed w the Board ot Assistant Aldermen, defining their duties and their duties only, and does not purport in any manner to speak of the tenure of office of the in- cumbent, but leaves that as it was, neither enlarged nor diminished; the Corporation Counsel plays upon the word organized in order to deveraune what reorganized says:—'The Board having been once organized by the election of a President, it cannot be again organized Without being reorganized,” and claims that the election of a successor to Mr. Wade’ is a reorganization, and pro- hibited by the charter; therefore, as near as ‘I can un- derstand him, Mr. Wade's term of office must be deemed to be extended for one year. Did it occur to the Corpo- ration Counsel that this mode ot reasoning prevents the the Board from electing a President, even if the old Board were dead and buried t 11 it is a violation of this provision and is deemed a re- organization of the Board to elect # successor to Mr. Wade after his term is expired, when he is officially dead, then it must be a violation of it to elect a Presi- dent’ it Mr, Wade were personally dead, aud. conse- quently, if he had died naturally instead ot officially, the Board would be pruhent & President. Take another view of this matter. Suppose this pro- hibitory clause had distinctly declared what is claimed im behalf of the old President to be its true meaning, that the Board should not elect a President until January 1, 1875, would that prohibition upon the Board confer or restore official power upon a President whose term had xpired and wise powers bad ceased? or would the office nt and new Jegisiation required? Can omcial po couterred or extended ip this inferential way? 1am otopinion that Mr. Wade is not the legal President of the tant Board of Aldermen of New York. W. f, BAVEMEYER, A motion was made to print both opinions trans- mitted by the Mayor, in the minutes, alter which the Board adjourned, During the session the fol- lowing request to pave the new drive from 155th street to Kingsbridge road, was received and re- ferred to the Committee on Streets :— To tHe HonokasLe THe Common Councit or tax City oF New York :— The subscribers, owners of property on the line orin the vicinity of the Public Drive, extending from 156th sirect to the Kingsbridge road. at Inwood (being a con- Unuation of the Boulevard from Fifty-ninth street to 155th street), respectfully show that the tide of the land jorming the Public Drive was acquired by the city last summer, and nothing has since oeen done towards making’ it; that the use of this Public Drive is indispensably necessary tor the inhabitants of the upper part of the city as well as for the public atlarge, and they respectiully request that you wilt pass a resolution instructing the Commissioner ot Public Works to mark, grade and regulate, pave with a Macadam Telford ment similar to that laid on the Boulevard, sewer, curb, gutter aud fing the Public Drive, and that the work be periormed by day's work, so that employment may be given this winter to the numerous workmen now idle, A Targe portion of the work will consist of blasting, and the present season and winter are ge favorable w thas class of work. DANIEL MAR’ Naw Yors, Dec, 11, 1873. and 12 others, OITY AND COUNTY TREASUBY, Comptroller Green reports the following receipts at tne babe g! Pym gine A t From taxes ot I wer ewee ts From arrears of taxes, assessments and interest From collection of assessments and interest From market rents and se From water rents, From licenses, De} ot? From licenses, Mayor's OMice From sales “City Record” From tees and fines Dusteic Total......... BOARD OF SUPERVISORS. YACHTING NOTES. ‘The annual meeting of the New York Yacht Club will be held at its rooms, Twenty-seventh street Important Report of the Commit- | ana madison avenue, on the evening of Thursday, tee on Armories. One Committee Investigates An- other Committee. ‘The regular session of this Board was held yester- Qay afternoon, all the members, except Mayor Havemeyer and Supervisor Falconer, being pres- ent. ‘The minutes of the last meeting were read and approved. A bill of the Coroners (or the last quar- ter of 1873, for the amount of $16,662, was laid over under the rules. A large number of other bills for Various parposes were read and referred to the appropriate commitiees, Mr. Douglas Taylor, Commissioner of Jurors, transmitted his annual report, which was referred, and, on motion of Recorder Hackett, ordered printed in document form. Generai Shaler sent a communication to the Board, protesting against the assignment of the Filty-fifth regiment, N. G. S. N. Y., to Nos. 37 and 39 Bowery, which is at present occupied by the Third cavalry and only Gt for the purposes of cav- alry tactics, The communication was referred to the Committee on Armories, A resolution calling upon the Board to reduce the salary of the criers of the Supreme ana Superior Courts from $2,500 to $1,200 per an- num, which sum was fixed at @ meeting of the Board of Supervisors held May 26, 1870, was intro- duced by Supervisor Ottendorier. Supervisor Monheimer took the floor and statea that the work of reform would not stop here, but in- clude the chief clerks, deputies and attendants ofthe Supreme, Superior and other courts, The chief clerks of the two first mentioned oourts re- ceived each $6,000, and he guaranteed that as good if not better men tnan either Jarvia or Boese could be optained for $3,000. A motion to amend by in- serting that the clerks of the Supreme, Superior, Marine and Civil Justices’ courts be included in the reduction was adopted, and the motion as amended referred to the Committee on Civil Cohrts. Supervisor MONHEIMER moved that the law ofi- cer of this Board be interrogated as to under what auchority the Commissioner of Jurors was ap- pointed, Adupted. A motion of Supervisor Morris to have the pro- ceedings of this Board printed in the City Kecord was reierred to the Committee on Printing. ‘the Committee on Armories reported in favor of transferring the Sixth regiment from Neilson Hall to Giass Hall. Laid over. The Committee on Armories made the following important report, which was laid over:— The special committee appointed to investigate the proceedings of the Comuittee on Armories and Drill ooms in relation to the work for the completion of the Centre Market Armory respectfully report:—The com- mittee published an advertisement inviung proposals to do any part or the whole of this work, in accordance with the nrepared specifications In answer to ad- vertisement 28 proposals were received, 26 of which were for parts of the work and two for the whole work. Those bids were opened ata meeting of the committee held on October 6, 1873, and atthe same meeting the tollowing arties Were deciared the successful bidders :— ’, Sochs, for carpenter work. K, Krenhel, tron wor! Gyfisler & Brother, for turning and galvanized iron. Byrnes & Cooper, plumbing and gasitting. De Christie, tor mason work, 2940 Mulligun Brothers, tor painting 665 ‘Several of the above named parties’ were not tne low- est pidders. For .the penter work five and tor the iron work two lower bids were received, the difference between the lowest and the accepted bid being in the first case $2,165 and in the second $175. Besides this a proposal was received todo the whole work tor $12,400, while the awards made by the committee amount to veral members of the Committee on Armories and rill Rooms who voted to award the contracts to the 850 2,660 above named parties stated that they have been inflyenced in their decisions by representations made to the that one of lowest bid- m ders declined to accept the awards, others were not responsible parties and others again non-resi- dents of the city. However that may be, the committee should certainly, even if they hud not been positively directed to award the contracts to the lowest bidders, have felt it their duty to report the facts to this Board, an their approval for their decision. stead of ‘this they state in their report, made October 20 (which report, with the annexed resolution, was not approved, but referred back to the committee, with instruction to readveriise for bids for the aforesaid work) that they had received 23 proposals, of which those whoze bids were the lowest were decided on as the proper ones to perform ‘the work required. More than that, the Chairman of the committee directed the clerk already, om the 9th of Oc- tober, to inform the successful bidders of the patos ot their props and to order them to proceed with = work immediately. it is but proper to state that the other members ot }e committee did not aathorize their Chairman t issue this order; the whole matter was never called up In their meeting again. After the report was made—and the tly astonished at being antormed later that the work was pro = their ee Rarervincs unio Sone acts Were prepared, but _ not ed by the clerk of this Board and not defivered. sine contractors were misled by the representations made to them b; the Chairman of the Committee on Armories and Drill Rooms, and, although they have not legal claims by vir- tue of the proposed contract, equity and justice require that they should receive a fair compensation for the work performed by them, The whole proceedings in this matter show a deplora- ble disregard of the rules which shonid be strictly ob- served in all the transactions of the committees of this Board, and the neglect of which must lead to the greatest abuses. To save contractors from losses caused by their confidence in the assurances of the former Chairman of the Armory Comumittee, and to prevent similar occurrences ag those for the investigation of which this committee was appointed in the tuture, your committee recommend the following :-— Resolved, That the Committee on Armories and Drill Rooms be and is hereby directed to require the bills for the completion of the work on Centre Market Armory to be made out in detail, specifying every single part of work and material, with the price thereof; to cause an investigation to be made by experts of the value of the labor and materials, and to report in favor of paying an equitable compensation for the work actually done trom October 7 to December 24, 1873, Resolved, That hereafter ail work performed or supplies furvished tor this county, in excess of $100 in value, shall be by contract with the lowest bidder, and the several comimuttees of this Board are hereby prohibited from ordering any work or supply until it has been submitted for the action of this Board, and until every” such section or contract ave been confirmed by a majority of Fatcenbens Po SNOT” | ppectat Coma NS 3 ecial Committee. MOREIS, es ling by order A resolution instructing Major General Shaler to remove the Ninety-sixtu regiment trom Centre Market Armory and giving the same to the Eleventh regiment calied iorth some debate. Supervisors Bulings, Ker and Gilon freely par- ticipated. Supervisor LysaGHT moved to recommit, with instructions to report suitable quarters for the Ninety-sixth regiment, which was jost. ‘The original motion was then adopted, Supervisor McCaFFERTY wanted to obtain infor- mation in regard to a bill uf a morning paper amounting to $1,069 50, for advertising, for which a check was presented and signature refused by the clerk of the Board on account ot the bill not having been before this Board. Supervisor VaN Scuaicx thought that it must be a huge mistake, as it is impossible that the Comp- troller can do anything illegal. (Laughter.) Supervisor OTTENDOKFER explained that the mis- take occurred in the Comptroiler’s Office acci- dentally. Tne subject was hereupon dropped. Several bilis of newspapers, lor publishing elec- tion notices under authority of the Sherid, were ordered paid. A motion of Supervisor Van Schaick, to provide suitable quarters for the Ninety-sixth regiment, was referred to the Committee on Armories, Amended by Supervisor Morris, to give power to the committee ; lost. The Board then adjourned until Thursday, at four o'clock P. st. COST OF CITY IMPROVEMENTS, Commissioner Van Nort, Of the Department of Public Works, has transmitted to the Board of As- sessors the certificates of the cost of the following improvements, in order that the assessments therefor may be made:— Outlet sewer in Eighticth street, through Hl River Railroad to Bighty-Orst’ street’ ta tone avenue, to Fighty-third street, to Ninth avenue, to Eighty-eighth street, to Eighth avenue, with branches. s between Seventy-fourth and treets and Eighth and Tenth ave- SBE FE , 002 7,065 eae oa $204,790 THE THIRD AVENUE CAR CASUALTY. Conductor Hurd Exoneratcd—Recom- mendation by the Jary. The case of the late Isaac L. Davis, whose death, it was alleged, resulted from injuries received by having been pushed from a Third avenue carin the Bowery, near Grand street, by Leroy O, Hurd, the conductor, Was yesterday concluded before Coroner Croker. The jury rendered the following verdict:—That Isaac L, Davis came to nis death by @ compound fracture of the leit leg by the contact of the brake and wheel of car 35 of Third Avenue Railroad Company, he having been ejected by the conductor from car 28, same ine, on the afternoon of Saturday, December 27, 1873, We further find no blame should be attached to either the conductor of car 28 or the driver of car 35, and we would respectiully recommend t all railroad companies instruct their conductors, Whenever necessary to eject drunken or disorderly persons from their cars, that the cars be brought to a full stop, and said person be put off from the side where danger is jess likeiy to result to the Person so put off.” Mr, Stewart, who represented the railroad company before Coroner Croker, thanked the jury jor the jnst verdict they had rendered, and said that their recommendations had fong been in force with the Turd Avenue Rau- y-seventh February 6. The election of officers tor the ensu- ing year and the consideration of the report of the Committes on the Classification of Yachts wil! oo Oupy the attention of the members. The schooner Triton, B. Y, 0., Mr. @ A. Thayer, ts being fittea with new spars. Mr. R. W. Holmes, B. Y. C., is building @ sloop at the foot of Court street, the model of which is ex- citing much attention in yachting circles, She ta to be called the Playiul, and will be ready for ser- vice next aprii Me yoha M. ‘Sawyer, Treasurer of the Brooklyn Yacht cat has been elected Commodore of tae Island Model Yacnt Club. Ex-Commodore G. L. Balen, B.Y.C., is adding several feet to his sloop Genia, ‘The annual elections of the Atlantic and Bayonne yacht clubs wit! not be held until March next. The Brooklyn Yacht Club will hold its annual Meeting on the evening of Wednesday, the 28th inst, e officers and various committees for the ensuing year will then be elected and final action taken upon the proposed raising of \he dues, No- tice has been given the secretary, Mr. Willlam F. Lee, that the lp yachts, now building at Bye, N. Y., will be added to the feet of the club: Sloup owned *by Mr. Daniel Edgar, Jr., of New Bpchelie—taogi over all, 67 ipet; length on water ine, 61 feet 6 inches; depth of hoid, 6 leet 6 inches; tonnage, 82 tons, Sloop owned by Mr. William Edgar Morris, of New Rochelle—iength on deck, 47 feet; length on water line, 43 feet; breadth of beam, 15 feet; tonnage, 31 tons. At the annual meeting o/ the Seawanhaka Yacht Club, held a few evenings since, the,following oM- cers were elected for the ensuing year:—Commo- dore, William L, Swan; Vice Commodore, James W. Beekman, Jr.; Secretary, Frederic D, P, Foster; Treasurer, B. L. Swan; Measurer, F. G. Foster; Chaplain, Rev. William Irvin; Surgeon, James R. Wood. The annexed yachts were added to the fleet of the club:—Schooners Ariel, Commodore William L. Swan; Idler, J. S. Colgate; Peerless, J. R. Maxwell; Triton, G. A. Thayer. Cabin sloops— Ale Henry Vail; Christine, 8, P. Blagden; Au Revoir, J. E, Roosevelt. Open sloops—Cruiser, ©. Lee ; Ripple, U, M, ScheMein; Electra, W. B. Sim- moni PIGEON SHOOTING. Meeting of the New Jersey Sportsmen’s Club. The weather yesterday was fresh, yet balmy, and swept over the Sea View Track at New Dorp, 8. L, a half gale some portions of the afternoon, which made the pigeons appear a little more lively than usual, and as @ consequence @ great deal more difficult to hit, and, when hit, rendered them con- siderably hard to gather within the boundary of 80 yards, The birds, too, were naturally game and very rapid flyers, and many of them took ‘‘a heap of killing” before the decision of “dead bird” was rendered. The club turned out a goodly number of its mem- bers on this occasion, and many of them stopped on the grounds amusing themselves as long a3 they could see toshoot. The majority of the gen- tlemen, however, left in the half-past four o'clock train, the regular business of the day having becn finished beiore that time. Four shooting events came of, the first being for the Diamond Badge, at 25 single birds, 21 yards rise, 80 yards boundary, with 144 ounces of shot, to be governed by the New Jersey Suooting Club rules, between G. Watson, the holder of tue badge, and W. A. Dunlap, a challenger for the honor of wearing the trophy; the second event, @ handicap for a silvercup, at five pigeons each, entrance $5, 14 ounces of shot, from five traps, 21 yards rise, 80 yards boundary, New Jersey Sports- Men's roles; the third, a sweepstakes, at $2 each, at five single birds, the same rules governing this affair as did the two previous, and the fourth, a sweepstakes of $5 each, at three birds, the winner to pay for the birds, the same rules as before. ‘he shooting was very good under the circum- stances, and seemed to give great satisfaction, not only to those who were engaged, but also to all the spectators. The following are the SUMMARIES. New Dorp, S. J., JANUARY 12—NEW JERSEY SPORTSMEN’S CLUB—PIGEON SHootixe—For the Diamond Badge, at 25 single birds, 21 yards rise, 80 Yards boundary, with 1'4 ounces of shot, under New Jersey Shooting Club rules, between G. Wat son, holder of the badge, and W. A. Dunlap. G. Watson—1, 1, 1, 0, 0, 1, 0, 0, 1, 1, 1,1, 1, 0, 1, 0, 1, *0, 0, 0, 1, 0, 1, 0, 1. Total 25—Killed 14, missed 11. W. A. Dunlap—*0, 0, 1, 0, 0, 0. 0, 1. 1, 1, 0, 1, 0, 1, 0, 1, 1, 0, 0, 1, 1,1, 1,1, 1. Total 25 —Killed 14, missed 11. Tie at 5 virds, 26 yards rise:— W. A, Dunlap—t, 1, 0, 1, 1—Killed 4, missed 1. G. Watson—0, 0, 0, 1, 1—Kilied 2, missea 3. Referee—J. P. Felker. Same Day—For the Handicap Silver Cap, 5 birds, $5 each, 1% ounces of shot, from 5 traps, 80 yards boundary, New Jersey Sportsmen’s rules. J. 1 espe yards, 1, 1, 1, 0, 1—Kulf€d 4, missed 1. E. H. Shoro—23 yards. 1, 1, 1, 0, *0—Killed 3, missed 2, W. Hughes—23 yards, 0, 1, 0, 1, 1—Killed 3, Missed 2, Cc. Townsend—2 yards, 0, 1, 1, 0, 0—Killed 2, missed 3, D. Kelley—23 yards, 1, 0, 0, 1, *0—Killed 2, missed 3, G. H. Wild—22 yards, 0, 0, 0, 1, 0—Killed J, missed 4. Referee—J. P. Felker. Same Day.—Sweepstukes at $2 each, at 5 sin- gle birds, 21 yards rise, witb 134 ounces of shot, 80 ards boundary, New Jersey Sportsmen’s Club Tules, $15 to the winner $9 to the second. W. Duniap—1, 1, 1, 1, 1—Killed 5 G. Wila—1, 1, 1, 0, 1—Killed 4, missed 1. Cc, Townsend—l1, 1, 0, 1, 1—Killed 4, missed 1, D. Keiley—1, 1, 1, 1, O—Killed 4, missed 1. J. Tyson—1,'1,'0,'1,1—Killed 4, missed 1. A. Hughes—0, 1, 1, 1, 1—Killed 4, missed 1. H. Warren—1, *0, 1, 1, 0—Killed 3, missed 2. E. H. Shorb—, 0, 1, 1, 0—Killed 2, missed 3. J, P. Felker—0, 1, 1, *0, *0—Kulled 2, missed 3. McFall—o, 1, 0, 1, 0—Killed 2, missed 3. S. Conover—0, 1, 0, 1, O—Killed 2, missed 3, W. Hughes—o, 0, 1, 1, O—Kilied 2, missed 3. Ties at 3 birds each, same conditions for second money :— C. Townsend—l1, 1, 1— Killed 3, J. Tyson—1, 1, 1—Killed 3. D. Kelley—1, 1, 0—Killed 2, missed 1. G, Wild—9, 0, 1—Killed 1, missed 2. A. Hughes—, 1, 0—Killed 1, missed 2, Messrs. Townsend and Tyson having tied, divided the money. Referee—D. Blake. Same Day.—Sweepstakes, $5 each, at three birds, 21 yards rise, with 1’ ounces of shot, 8 yards Bowens: Club rules. The winner to pay for the birds. J. P. Felker—1, 1, 1—Killed 3. W. Hughes—0, 1, 1—Killed 2, missed 1, G. Wild—1, 0, 0—Killed 1, missed 2. E. H. Shorb—0, 0, 1—Killed 1, missed 2, Reieree—D. Blake. *Dead oat of bounds. PIGEON SHOOTING IN ENGLAND, Birds Each Jaffery the Monthly Handicap of Twenty-tive for a silver Cup—Dir. Winner. [From Bell’s Life, December 27.) A handsome silver cup, value £25, was shot for at Ewell, Surrey, on Friday last, by some members of the aristocratic clubs, at 25 pigeons each, from five traps, double guns, the use of both barrels, 144 ounces of shot, Mr. Jaffery, an American gentle- man, proved victorious by bringing down in fine style 14 out of 25 speedy birds, and Mr, Stone | ag the next best shot by tumbling over 11 rds, J, Offer, King street, Hammersmith, sup- plied the birds, the best blue rocks, 27—Mr, Jaffery—1, 0, 0, 0, 0, 0, 1,1, 0, 1, 1, 1, 0, 1, 1, 1, 0, 1, 0, 1, 0, 1, 1, 1, O—Rillea'14. 26—Mr, Stone—0, 0, 1, 0, 0, 1, 0, 1, 1, 0, 1, 0, 1, 1, 0, 1, 0, ¥, 1, 0, 0, 1—Kilied 11. 26—br.’ Barnes—0, 1, 1, 1, 0, 0, 0, 0, 0, 1, 0, 0, 0, 0, 0, 0, 1, 1, 1, 0, 1, 1, 0, 1~ Killed 10, 26—Mr. Granger—0, 0, 0, 0, 1, 1, 0, 1, 0, 0, 0, 0, 1, 1, 0, 0, 0 0, 1, 2, 0, 0, 0—Killed’s, SUICIDE BY TAKING POISON. Religious Mania the Cause. Coroner Woltman yesterday held his first inquest in the case of William A, Batley, @ gold and silver plater, late of No. 212 Bowery, who committed su- cide by swallowing a quantity of cyanide of potas- sium, which he used in bis business. Deceased had been attending religious meetings of late and his mind bad become intensely excited on the sub- ject ol religion, so much 80 as to disturb his intellect, although his partner and other friends or fod 2° seemed to have no fears that he woud harm. himselr Mr. Bailey, who slept in the same bed with his partner, retired, as usval, on Sunday evening, but during the night quietly got up, and lighting the gas seeined to be heating something over it. His partner asked what he was doing, but received no satisfactory answer. Mr. Bailey then drank something from & tumbler, after which he lay down in bed again, He was soon siezed with violent spasms, and as- sistance being procured Mr. Balley was taken to the Fourteenth precinct station house for medical aid, and death ensued soon afterward. Deceased, 29 years of age and a native o1 Engiand, is said to have had no relatives in this country, THE FOURTH AVENUE RATLROAD FATALITY, In the case of the boy Percy Gardner, run over on Fourth avenue, near Thirteenth street, by car No. 2, while attempting to jump on the front plat- form, and killed, the jury yesterday exonerated the driver from blame, but ‘We hold the Fourth Avenue Railroad ae responsible jor said accident, they having led to comply with @n ordinance providing for the protection of front tforms of street r: . Coroner Kessler h id tno lags te accident ‘one! ir hel e occurred on the 6th inataat, ag Bp CALEB CUSHING. How His Nomination is Re- ceived by the Press. A Very Large Majority of the Papers Approve the Choice. The Opposition Chiefly from the Democratic and Independent Journals. If the cone of the press of the country be any in- dication of the manner in which the nomination of Mr. Oushing for Chief Justice will be received the last selection of the President meets with decided favor. From one day's maii the following com- ments are selected at random. They slow 29 Journals tn favor and 12 against the nomination. q Favorable Endorsemonts. The New Haven Journal! ana Courier (adminis- tration) says that ‘the Presidentv’s nomination, this time, is a m: icent one; and we hope that the jealous and dissatished Senate may be com- pebed ba the moral sentiment of the nation to con- . The Boston Traveller nomination warmly and 6 r. Cushing hag for the past five or six years been in {uli sympathy icy of the republican party, aud at the last Presidential election he voted the Grant and ‘Wilson electoral ticket, He made the acquaint. ance of President Grant during the ' \ican war, and has always had @ high respect or him. In vigor, industry, integrity, knowledge of the law and that general knowledge which fits a man sor positions of great importance, Mr, Cushing has no superior anywhere.” The Albany Journal (republican) has a word for Cushing when it says:—"But though Mr. Cushing is T4 years old, he is intellectually as robust and vigorous for present service as ever, and, surprising as it is in some respects, much can ‘be said ia approval of the designation.” The Lynchburg Virginian Gempera gel fs en- thusiastic over the fact that Virginia has plucke laurel from Serenata, Sud “has the honor of furnishing another Chief Justice, and what Vir- ginian wili not rejoice?” The Lynchburg Republican (republican) is satis- fied that Cushing is a orpioraats and lawyer, rather than @ politician, and thinks that the po por eaeHe 48 50 much better than was anticipate matter has been satisfactorily solved.” “It 18 quite needless,” says the Pittsburg Com- mercias (republican), “to say that the nomination of Mr. Caleb Cushing to the Chiet Justiceship of the United States, announced in another column, will be favorably received by the Bar and the people. To some his somewhat advanceu age may seem an objection, Mr. Oushing being in hig seventy-fourth year. But he is stillin the full vigor of physical and mental health, and is probably still good sor 10 or 15 years of judicial service.’’ The Cleveland Leader, a supporter of the govern- ment, is quite enthusiastic, {t says:— ‘The offer of the highest judicial position under our govern- ment to such @ man in the ripe fulness of his busy and honored years will atone for whatever mis- take the President may have made in nominating for that position a man so intellectually inierior as General Williams. That the nomination will be promptly ratified by the Senate there can be no serious doubt." The Cleveland Heraid (independent) is in doubt, and dauins with faint praise when it says:—“In a professional point of view Caleb Cushing is a very proper man to be placed on the bench of the Su- preme Court, But his age is a very serious objec- tion, and the pecaliar eccentricities of Mr. Cushing are also objectionable, Mr. Cusning isnot a sale man. The Boston News (prohibition) ts delighted with the selection and says it believes “his administra- tion of the duties of the office will be eminently honorable and successful, and furthermore, we be- Meve what may be cold comfort to his competitors for the chair, that he has many years of useful ser- vice in nim yet.’? The Troy Whig would prefer a younger man, but Says it has ‘no Objection on the score of fitness. It Caleb Cushing does not make a good judge, then we shall know that great talents, great learning and unequalled legal attainments do noé suilice to quality a man tor judicial position.” The Boston Transcript (republican) likes the nomination, but fears Cushing is not sound on tre Civil rights question, and remarks :—‘Mr. Cushing has not what is sometimes called the judicial mind, sinouat as Chief Justice we have no doubt that his decisions would be signalized not only by varied and extensive learning, but would porsess a far calmer tone than ataches to many of his pub- lic efforts.” The Providence Journal ({epublican) is satisfied this time, and remarks:—‘‘The nomination was referred, as usual, to the Judiciary Committee of the Senate, but no doubt Is expressed of nis con- iirmation. change is the loss oi Mr. Cusbing’s diplomatic ser- vices at Madrid.” The Harttord Times (democratic) says “his ap- pointment will be well received by the public. The country will rest easier under such a Chief Justice than it would with such @ personas the unlucky attorney from Oregon at the head of the Court.” It pleases the democratic Enquirer of Cincinnati, which believes that “Mr. Cushing is an able lawyer, @ profound jurist and withal @ statesman. He will shed ?ustre on the Supreme Bench.” The Hartiord Courant (Governor Hawley’s pa- per) says:—‘‘The President has surprised the coun- try, and especially the United States Senate, by mublican) approves the ‘| sending tn the name of Caleb Cushing for Cher Justice. The press has bardly got done commend- ing his appointment as Minister to Spaih, So tar as the ability of Mr. Cushing is concerned the ap- pointment is of the highest merit, He knows law, especially international law; he knows the world, he is familiar with affairs, with political history, and he is generally one of the best informed men in the country. He tas been for some years a sale and shrewd adviser of the government, and be has now @ confidence which Was not felt in him some yearsago. He will be anable man on the bench and adorn it by his talents. Weshail nope also that he will make an excellent Chief Justice, Ten years ago, however, it could not have entered into the dreams of anybody in Massachusetts that he would ever come to this great office.’ Governor Dingley, of Maine, in his paper, the Lewiston Journal, believes that “the appointment takes position alongside the St. Domingo reces- sion, as @ graceful acknowledgment of error on the part of the President. The disapprobation of the people has been expressed in this case, as in that, in no doubtful words. Sufiice it to say that it the estimate formed by the public of his in- tellectual capability and moral stamina be not whoHy at fault he will be no unworthy successor of Marshall and Taney on the Supreme Bench,” ‘Ihe Cincinnati Gazette (republican) does not condemn the selection, although it appears to have been slightly disappointed, While acqui- escing in the nomination, it does not like the idea of having him in the office for iife. Forney’s Philadelphia Press is so pleased that it indulges in a little pleasantry as follows:—“Trhe Capulet and Montagu of the New York 7ribune and New York Times denounce it, and one of the ad- ministration orgaus at Washington, the Chronicle, grinds out a growlin angry harmony. But the veteran lawyer and soldier is not embarrassed, unless by the embarrassment of riches. If he is confirmed he can glide down his few rematning years in the ermine ot John Jay and Jobn Marshall; and if he is not, he can sail off to the land of the Cid and repose and study in the great galleries and libraries of the Spanish capital. Happy General Cushing!” The Buffalo Courier (democratic) says:—“The appointment indeed is positively a reapectable one. Comparatively speaking, it 1s much more than that. While Willium M. Evarts would have been more acceptable to the country, Mr. Cush- ing 18 vastly to be preferred to Edwards Pterre- pont, Roscoe Conkiing, Morton, or any of a dozen prominent republican politicians from among anes was danger the choice would be ry The New Haven Register (democratic) compil- Ments Grant on doing much better than the public ea any right to expect and favors the nomina- The Nashville Banner (independent) says:— “Right at last. Caleb Cushing was nominated for the Spanish mission not a great while ago, tne Senate promptly confirmed the nomination, and the press of the country was delighted over the ad- mirable selection.’ Senator Carpenter’s organ (the Milwaukee Sen- tinel) believes that “the appointment will be gen- erally regarded as an excelient one, It is not ex- travagant to say that Mr. Cushing has a more projound and comprehensive knowledge of lnw than any other man in this country, and to this transcending qualincation he adds a’ judicial con- stitution of mind, laborious habits and an unas: sauied reputation tor integrity.” The St. Louis Republican (independent), while not fully satisfied, remarks tnat “ile escape the country has made trom having Williams will enable it to accept Caleb Custing without regret, AM not with thankiul acknowledgments. We woul not have President Giant reduced to the necessity of making another choice, unless assured that he would keep going from bad to good, instead of from bad to worse. Besides Caleb Cashing is a man of eminent toteliectual abilities, of rare legal and judicial acquirements, and, so far as We know, of unquestioned personal integrity.’ The St. Louis Times (democratic) says:--‘Those who will take but the trouble to inquire into the antecedent history and the admitted successes of the man will have no hesitation in concluding that this time the President's choice, not perhaps un- aided by the advice of others, has fallen upon one who in all points: of intellectual capacity is equal to the foremost of those who have hitherto distn- guished the Supreme judicial ermine.” The Cincinnati Commeroial (independent) re- marks :—‘President Grant ts still capable ot sur- eee us friends as well as his foes. The nomina- Caleb Cushing yesterday was a comulete vhat the | The most disagreeable feature of this | SEE FaRES SU rise vo the Senate ana co Unsnme himself. ng iv not in charactor among the loftiest mea Of the nation, but he is a consummate lawyer, and the Bar wiil not de ashamed of him. We presume there is no doubt that he will be confirmed; but it the Senate procraatinates in ms case there will be @ disturbance of the public peace on his account."? The Newark Journal! approves the selection and exclaims enthusiastically :—*Rarely since his elec: tuon to the Presidency has Mr. Grant agreeably surprised the people, Yesterday he did so tn nom- inating Calep Cushing to tne Chief Justicesnip. What 4 jump he took! From Williams to Cushing, trom @ pigmy to @ giant!” Tm Springdale Republican (Sam Bowles' paper) says:—“lt is the factotum aiter all, Yesterday, when the administration found itseli in want 0! & Minister at Madrid, it bade Mr, Caleb Cushing pack his trunks and prepare to talk Spamish to the dons. To-day, Snaing itselé in unexpected want of & Chief Justice, it bids Mr. Caied Cushing unpack his trunks and be measured jor a silk gown. ro ot, Figaro la.’ Mr, Ouabing’s mtellectual and professional fitness for the Supreme Bench will not be questioned 1D any quarter. AS a law- yer he is probably the peer of any man who has Bat on that bench since John Marshall. In this respect the present nomination contrasts strik- ingly witn the very uniortunate one which It re- places,”? The Baltimore American (republican) says:—~ “Mr. Caleb Cushing's nomination as Chief Justice of the Supreme Court will receive pretty much the same sort of genera! approval a8 Was given to his appoiniment as Minister to Madrid. Ot his plenti- ful acquirements, as a lawyer, tor the discharge of the duties of the position there can be no doubt; and while his strong personal peculiarities, amounting almost to eccentricity, are & matter of notoriety, there as been, and we believe can be, No question as to his entire probity of character.” The Boston Journal (republican) says:—“His abilities are eminently iegal and judici We re- member the hearty admiration, not unmixed with surprise, With-wuich some ol the ablest lawyers in Massachusetts, comprising litical enemies of General Cushing, spoke of the rapidity and case with which he mastered the duties of a Justice of the Supreme Court of this State. We have ao 4 doubt that he will achieve the same triumph on the Supreme Bench of the United States, even though he goes there at the ripe age of 74.” While the Boston Globe (republican) is not ene tirely satisied, it says:—*During the period of his Bervice we shall have no fear that the exmine will dr in the mire of corruption or political UE te ‘when it i8 over we hope that a period shalt have arrived im our country’s history when the eminent fitness of the candidate shall be the sole consideration in making selections Jor the highest poste of honor and of trust.’” Unfavorable Comments, ‘The Chicago Tribune (independent) is not satis. fled, It says:—'We fear that the President has chosen an Indifferent Chief Justice and lost a frst Class Minister to Spain, It is to be regretted that the President has not selected a Chief Justice from those already on the Bench, or from the ranks of the many able Judges on the Circuit or District Courts, or irom among the eminent law- yers at the Bar whose attaiaments are not bur- dened by the extreme age which Mr. Cushing has already reached. We suppose the nomination will be confirmed, lest the next appointment be some- thing worse.”? The Chicago democratic organ, the Times, is dis- satisfied. It thus expresses itself:—“It may well be doubted whether a man who has spent the greater part of a long life in manipulating State Legisiatures and the National Congress in the in- terests of his clients 1s fitted to assume the highest judicial functions im the nation. His ability ac- nowledged, there is little to be said in his tavor. Nevertheless, it is a better nomination than couid be reasonably expected from the present Chief Ex- ecutive.” The Indianapolis Sentinel (independent) says:— “Mr, Cushing is @ good lawyer, but, jud, from his career, utterly Wituout the judicial facuity—s thing born to a judge—as the ear for measure and rythm is only possessed by the poet.” The Cincinnati Times (republican) says:—*We desire it to be understood that we are emphaticaily opposed to the confirmation of a State rights dem- ocrat, of the bitter Yankee type, such as Caleb Cushing is known to be, as chief of the highest Pont of last resort, in this country. How he would lean on all questions arising under the last three constitutional amendments no one needs to be told beforehand. In nominating Cushing for Chief Justice President Grant has made the greatest mistake of his life.” The St. Louis Globe (republican) mildly opposes the selection. The Louisville Commerctal (independent) thinks Grant has made a mistake, and remarks:—‘‘On the whole, we would have preierred Mr. Williams, No man Can be found who can serve the coun in Spain so well as Mr. Cashing just at this time. Other men can be found who will do better as Chief Justice.” The New Haven Patladium (administration) thinks “the principal objection 1s to his pt po- litical record, and here Mr. Sumner has displayed reater magnanimity than some of his brother nators. The man who prevented the bust of Taney from being placed in the chamber where he had do long presided is willing to forget that Mr. Cushing once termed the Declaration of Independ- ence—which Mr. Sumner considers a portion of the constitution by which all other articles and laws are to be interpreted—a glittering tissue of gen- eralities.”” The New Haven Press thinks that ‘General Cushing was admirably fitted by habit of mind, education and experience for the position to which he was first appointed and confirmed, and it would have been better undoubtedly to have left pet to achieve success in the performance of its atles. The pdaatnsy hg Index (democratic) says:—“We do not regard Mr. Cushing as the right man, by apy means, for the listed and lustrous office of noe Justice of the Supreme Court of the United ates. The Washington Chronicle don’t like the nomi- nation, and can’t “see that Mr. Cushing has ever done anything for the republican party to espe- cially place 1t under obligations to send him out of the world in a blaze of official glory.” The Boston Advertiser (republican) is not pleased with the nomination of Caleb Cushing for Chief Justice—to use its own language—“in preference to great lawyers, of whom the President has, un- fortunately, ilttle personal knowledge.” The Utica Observer (democratic) does not like the Cushing pill, and remarks:—‘Knowledge comes, but wisdom lingers,’ But it can hare linger beyond a man’s 75th year, if itis to reach him atall. Caleb Cushing, the newly nomiuated Chief Justice, must be endowed with wisdom now if God designed him for a wise man. His faculties are ripened to the point of withering. His mind is fairly lumbered with learning. He could irame his lips with equal facility to pronounce the Shib- bolcth of Gilead or the Shibboleth of the Ephraimites. He has worn the liveries of many partics to serve himself in, His life is a long drama, in which he has paved “general utility” to every passing star who has filled the title rdle of Jame. If we could define greatness we might se- cure a standard whereby we could measure Caleb Cushing. But while Noah Webster in seeking the meaning of the word wanders from “largeness of buik”’ to “affected state” we are free to coniess our inability to tell what greatness is. If it is the frult of study Cushing possesses it. If it is the development of a pure and nobie heart he never caught so much as a glimpse of it, even in his dreams. A shrivelied soul in an active body; thas is a line portrais of the new Cbiel sustice.’” The Latest Comments, Among the comments of the latest papers re- ceived by mail we may quote the Providence Jour- nat (administration) as declaring that it presumes the nomination will be confirmed; the Boston Advertiser (republican, anti-administration) as affirming that when vast claims are in abeyance and interests of great magnitude biding their time tll some political revolution gives them @ chance of recoguition—it is impossible to remember ail this “when it is proposed to booted the highest judicial authority in the hands of one who, so far ‘as he had any part in the contests of that time, was on the wrong side, and whose opinion of them now is the problem; the Baltimore Ale hee (administration republican) as declaring that Cushing would have man: the Crédit Mobilier; suits with great tact and ability (a significant hint that they have not been so mani by Attorney General Wiliams), but doubts whether he is the pght man jor Chief Justice; the averment of the pringfeld Republican (anti-administration repub- lican) that it would not be greatly alarmed by the rospect of a democrat and “copperhead” on the jench—for, it adds, ‘‘with a democrat in the Presi- dent’s chair and a Congress full of reconstructed rebels, we don’t think the nation would be com- pletely upset by the Sppointment of Mr. Cushing to the Supreme Bench.” BROOKLYN BOND ROBBERY. Reported Theft of Bonds in the Comp- trolier’s Office. There was @ rumor current yesterday to the effect that it had been discovered that about $18,000 worth of Brooklyn city bonds were missing from the office of the Comptroller. This report, which spread rapidly, following so soon opon the arrest of Deputy Tax Collector Captain Gill, for alleged embezziement, naturally caused consider. able excitement. It will be remembered that the bond clerk of the Comptroller’s ollice, Mr. Radoiph Kessler, was arrested in November last, on & charge of stealing two boulevard bonds ot the de- nomination of $1,000 each; that he was examined, released in the sum of $5,000 ball, indicted by the Grand Jury and ‘“jumpea” his bail, Since that time he has not been heard of, The present excitement was occasioned by the report that the other day @ man, who siid his name was Frank, and that he resided in Wythe avenue, Williamsburg, called at the Nassau Bank and presented a number of cou- pons jor payment, The cashier of the bank dis- covered that the coupons belonged to missing bonds, and requested Mr, Frank to accompany Kim to the office of the Comptrolier Senroder, Tho man did as he was request and the chief financial oficer of city said #1) he believed the bonds in question had been stolen. He kept the coupons and the man went about his business, Mr. Schroder denies that there is any truth tn the reported robbery, and declines to talk upon the subject. Kessler is said to be in Chicago, aud the Gevechives are suoposed to be On his tracks |