The New York Herald Newspaper, May 22, 1874, Page 5

THE COURTS. Theatre Licenses---Managers Contesting the Constitutionality of the Law. THE POLICE KIDNAPPING CASE. Close of Argument—Deci- sion Reserved. BUSINESS IN THE OTHER COURTS. THEATRE LICENSES. The Constitutionality of the Act Impos- ing Payment of Licenses—Both Sides of ‘the Question as Presented by Opposing Counsel. Some two wecks ago a preliminary injunction ‘was obtained in the Supreme Court against the So- ciety for the Reformation of Juvenile Delinquents, | and the Mayor and Corporation of the city, restrain- ing them from endeavoring to collect the licenses required by a Legislative enactment passed in 1872, | to. be paid by theatres apd other places | of public amusement in the city, or trom ehforcing the penalties prescribed in such act | until the matter had been adjudicated by the Court. in connection with this injunction there was issued an order to show cause why the same should not be made permanent, There was to have been an argument on this order last Mon- day, but it was postponed till yesterday, whon, a rather unusual circumstance in these days of the law’s delays, the arzument was promptly had with- out jurther adjournment, ‘The payment of the licenses in question is no very light burden, all tyoaties under the enacunent reterred to having had to pay $500 for a pertod over three months and jess than @ year, and $250 lor periods less than three months, while circuses and concert halls ate required to pay at the same rate for the longer period and $150 for the lesser. ‘ne argu- ment Was belore Judge Donohue, hoiding Supreme Court, Chambers. Although all te theatrical manaye: re acting in coneert in_ the matter, it wis arranged to make the case of Mr. Lester Wal- lack the test case, the final decision in tnis to gov- e¥n ali the other ¢: There being no dispute as to, vhe ts the whole mutter resolves ttself into a question of law, and the argument, therefore, was, in the muin, notwithstand- ing the high legal prominence of the opposing counsel--Mr. A. key Hall representing the theatrical manager, and Mr, Wiliam M. Evarts appearing against gin—of that dry aud, to the general refider, uninteresting nature characteriz- Ibg Such strictiy legal disputations, r, Hailmade the opening argament, He in- sisteu, first, & the provisional remedy asked for | iS appropriate; and, second, that the statute of 1872, enforcing the payment of theatrical licenses and penalties, is void and unconstitutional. On this latter point he argued that the law ts void be- ehuse it uutherizes a stivstaptial tax. for objects afd uses HOt Within the scope of the taxing power. He insisted, in aidition, that the courts have everywhere agreed that taxes can be lawfully im- posed ior puvlic purposes only; and, under such clings, the business ul a theatre being essentially private, be claimed the law to be unconstitutional. As to the society lor the Reformation of Juvenile Delinquents, he contended that it was @ private charity in ail respects of control, management and disbursement, and therefore not entitled to receive such licenses. Mr. Evarts in response urged that the right to tax depends upon the ultimate use for the und, | @ud not on thé character ol the person or corpo- fation whose agency is to be used fn applying it. A tax lor private purposes would be unconstitu- ticnal, though passing through pubiic officers, Counsel asked the Court to give as much weight the decisions he relerred to (Chief Justice lacker and others), as the articles from news- | pers, which constituted nine-tenths of his leurned opponent’s brief. If the society asked for @n injunction ayainst Wallack’s, and the law was gucouatitutional, tne Court could not grant it. As to oppression, the law was in force since 1829, and yet they talked of the necessity of an injunc- tion, while havimer a valid legal detence. ‘They | could stop all the oppression by paying $500 and fommence suit for recovery next day. As tor the $10u a day fine, that was the security tor tne en- jorcement of the act, and courts will not hesitate to enforce incoavenient penalties. Mr. Hall said. the Stave had no control over the institution, Which discharged or received inmates at pleasure, nor over its junds, though the State sontriouted support. ri “But lawyers were licensed and taxed during pe ary! said Mr, Evarts in the course ot his argu- n ent. “Yes, for the support of the government,” an- | swered Mr. Hail; but how would the Bar have liked to have had the license fee turned over.by act of Congress to a society for the suppression of lying and 1alse swearing?” Mr. Lvarts, in his aiguinent, also intimated that the question argued was vexaiious and only super- Bcially tenable. Mr. Hail, in answeriog, quietly re- marked it was singular ti it was -o, that the Law Commitice of the House of Refuge should have fleemed the question important enongo to employ against it the jurist of the Geneya Conference and ap ex-Attorney of the United States, Judge Donoaue took the papers at the close of the argument, reserving his decision. THE TERESA SMALL CASE. The Arguments of Opposing Counsel— . Giving Commissioner Gardner and Captain Williams a Severe Raking Down, on the One Hand. ad Eulogiz- -ing Their Virtues on the Other—Deci- sion Reserved. The Teresa Small case, which for some time past has occupied so largely the attention of the courts, and which, (rom tne peculiar circumstances suy- rounding tie case, has excited such general public interest, has at Jength reached its closing stage. In the Supreme Court, General Term room, Judge Brady yesterday listened to the arguments of the opposing counsel pending his decision upon the writ of habeas corpus through which it 1s sought to recover the young girl from the custody ot her alleged abductors, Police Commissioner Gardner and Captain Williams, of the Eighth precinct, and restore her to her father. There was a large crowd ih attendance, and the arguments were listened to With the most earnest attention. Mr. William F. Howe, who opened the argument, began with reciting the circumstances of the al- Jeged abduction. Police Commissioner Gardner, At four o'clock in the afternoon, gets information Against the house No. 15 First street, wnere the young girl lived. He goes before no magistrate; be asks for no process of law. At the dead nour of | Bight, with his sateliite, Police Vaptain Willams, | who is known as the brute of the forge, he goes to the house and takes the sleeping child. And for | What goes he thus? He goes on information only; he had no warrant. He does not arrest Mrs. Smati, but only takes away the child, It is said this was a papel house. That made no difference, Mr. Gardner admits he acted without afiaavit. And he took Captain Wiliams with him—et tu Brute }—a man who dared not take the stand be. cause he feared cross-examination about the panel houses in his ward and about the houses of Hi iame and gumbiing houses there. It was Well the Senate Commission was coming here, If bow Judge Brady justifies this act Commissioner Gardner may seize your child and mine. I have said what I would do and I reiterate it. Judge brady—That 18 not a saiaple case, Mr. Howe—It 1s a sample tor the people of the State. Your Honor has to look to the protection | of the community aud to say whether a Police Commissioner can assume this power. Mr. Gardner says he went there to get evidence Qgainst panel thieves, What evidence did he obtain? Was this away to obtain it? Why not 0 belore & inagistrate ? He says he would now fic ignores the magistrates. He played Humpty jumpty with the Goddess of Liberty, America’s roudest emblem. Would, this be tolerated in lespotic Europe? Will a Judge of the supreme Cour: place his approbation on the act? [i this be justified who can teil to whatit shall prelude ¢ Should not a Police Commissioner obey the law ? Is be not a servant of the sovereign peo- pie and answerabie -to their laws? Of all Men he shoud be the most ready to strictly obey | them. In conclusion he revicwed at length Mr. , Gardner's testimony and insisted that the whole thing Was only a revelation of hypocrisy and cun- Diug cant, Aud that tue Police Commission tiself was only 2 huge transiation of hypocrisy. | Commissioner Davenport, as counsel for Mr. Gardner, summarized the facts produced on evi- deuce, that the woman Swall was a notorious wnel thie! and that the father allowed his child oO live with her tourteen mouths without once going to see her, alchongh living directiy opposite. , Altogether, for three years he lett his child with this notorious woman, As to the Commissioner, be did not £0 early in the vening because ne Migil not find the parties the An tuavoidable delay occurred, but te Gually went and demanded | the chiid, to secure evidence to suppress that | anel house. ‘the woman opencd the door and | } igiited them down stairs When they were leav- (yl have to consider the child's tes- timoay as ty the Character of the house, She tes- tiled to me that it Was a panel house, and that she hersel! twice opened that portion of the door | used jor admitting the robber, and that there were | ship existed between him aud other persons | j,of ten ORK HERALD, FRIDAY, a other giris in the house for the purpose of carrying on that business, 50 that there 1s no doubt she Was kept in this house tor the pu ot ecarryiny on the panel gaine, With others. Without consid- ering the complaint against Mr. Gardner, which may come. up On some Other proceeding, the ma- terial question is, whether the fatner 13 a compe- tent person to have custody ot the child; whether he Knew, or had good reason to Know, the charac- ter of the house, or showed gross negligence. Having made the above obsérvations Judge Brady took the papers, reserving his decision, which he said he would give as speedily as posaibie. Meantime the gil remains in the custody oi the matron at Police Headquarters, EXTRAORDINARY PATENT SUIT. 95,000,000 Involved. In the HERALD of a ‘ew weeks since the matter of the Union Paper Bag Machine Company and others against George L. Newell and George H. Mallory was reported. This suit is founded on the alleged Infringement of a patent granted to E. W. Goodale. on the 12th of September, 1865, for im- provement in paper bag machinery. The proceed- ings theurreported had reference to an imputed contempt for alleged, violation of the first claim of the patent, and also of the fourth claim of the patent, known as the Benjamin F. Rice patent, which is stuted to be an old patent, reissued and extended, and claimed to be _ the foundation patent of all imorovements in machinery for the manufacture of paper bags. Tne detendants claim that they have now ipany particular violated either of the Injunctions upon an alleged violauon of which the contempt charged is jounded, but that they have in all things in this litigation acted in good faith. On the other hand, the plaintuts as positively assert that they have made out a charge of contempt against the defendants, The defendants further claum that they have positive testimony of prior public use of the Goodale patent—whicn use, as they allege, under the law and decisions of the courts, renders that patent and every part of the same the property of the public, With regard to the Rice patent, the defendants claim that the complainants have never owned the extended | term of that parent or any part thereof; put tbat, on the ‘contrary, they themselves own the exclusive right and title to a por- tion of it covering the: entire State of New York, while the estate of Benjamin F. Kice, deceased, owns the remaining portion for all the States and Territories other than New York. The dejendants claim to show an original assignment from the estate of Rice, deceased, duly proved 1a the Probate Court ot Worcester, Mass, ‘This mat- ter or alleged contempt was referred by Jadaye Blatchford not long since to Commissioner Betts to take testimony and report fo the Court 2s to whether the alleged contempt has been commutied by the dejendants. The Commissioner was en- gaged yesterday and for several days previously in taking evidence on the pot reierred to him, The plaintifis have put in evidence which, they claim, shows that the alleged contempt has been ¢om- mitted, and testimony is now being offered by the delendants to rebut that allegation, ‘This charge of contempt js claumed by the defendants to ve | founded principally upon averments made in the aMdavits of Kdwin J. Howlett, President ot the Paper Bag Machine Company. This litigation has been & lengthened one, and It will take a con- siderable time yet to close it up. It is one of the most. remarkable patent suits ever tried in this country. It involves probably upwards of $6,000,000, and is contested on both sKies with great energy and legal acumen. In tie districts of Massachusetts and the Northern district of New York, where the defendants here are complain- | ants, suits are pending in behalf of the estate of Benjamin F, Rice to determine the question of right and title to the Rice patent. Mr. George Harding, of Philadelphia, and Messrs, Fisher & Duncan appear as counsel for the com- plainants, and Mr. Marcus P. Norton for the de- jendants. General B. F. Butler, of Massachusetts, is associate counsel with Mr. Noxton. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT, The Trial of Callender. Before Judge Benedict. The triat of Charles Callender was resumed yes- terday in the United States Circult Court room, No, 27 Chambers street, before Juage Benedict. Mr. William Fullerton and ir. Dudley Field ap- peared as counsel for the defence, and Mr. A. H. Purdy. United States Assistant District Attorney, for tlie government. Mr. Souter, a banker and broker, testified that in 1871 he had never heard of the bonds given by Callender as security for the loans from the Ocean Bank as having any repute or value in the market. The security in question consisted of bonds of the Susquehanna Railroad and Coal Company: the Hammondate Coal Company; the Portage Lake and Lake Superior Ship Canal, Railroad and iron Company: the Salad Ol Company; the Cnicago and Southern ILlimois Ratlroad Company; tue Brunswick and Albany Railroad Company; the Decatur, Sullivan and Matoon Ratiroad Company. Mr. LS. Hartshorn, ex-Cashier of the ucean National Bank, Was Called to the stand. He re- peated nis ‘ormer testimony in regard to Callen- der having overdrawn his account in that bank, which account was subsequently paid by certified checks. He also stated that the bank had been in the habit of permitting its customers to overdraw their accounts. 5 Legrand Lockwood, G. W. Doherty and H, M. Jordan were also examined. The testimony of the two former witnesses Was unimportant, The lat- ter, who is Cashier of tie Third National Bank, stated that in Octoher, 1871, Catiender’s check | would not have been honored in-that bank, J. M. Crane, Cashier of the Shoe and Leather Bank, and M. 't. Brundidge, ex-Cashier of the Union Square National Bank. gave similar testumon: After a con.iderable time had been cussing the admissibility of evidence the Court ad- journed until this morning. SUPREME COUBT—GENERAL TERM. New Trial Granted to Patrick Carr— | Sentenced for Prison, Belore Judges Davis, Brady and Daniels. Ten Years to State The case of the people against Patrick Carr, who | is now serving out a sentence of ten years in Au- burn State Prison, came up before this Court yes- terday, upon an application made by his counsel, Mr. William F. Kintzing, for a new trial. in the Court of General Sessions, in June, 1872, upon a charge of outrage. Woods and Carr were convicted aud sentenced to an imprisonment years each, Upon the trial Kintzing’ succeeaed in getting im some exceptions to the ruling of the Court upon the re- jection of some testimony upon which he based vhe application for a new trial. Upon thé case be- ing called Mr. Kintzing stated substantially the above facts, in addition to which he stated that he had appealed the case of Peter Woods, and that the Court of Appeals had reversed the judgment and ordered a new trial, on the ground ot error com- mitted on the trial in the rejection of testimony) He turther said that Patrick Carr was indict d with Peter Woods, tried at the same time, and the same exceptions taken in both thetr behalis, and that Carr was also entitled to a new trial as well as Woods, District Attorney Phelps appeared for the people and stated that he quite agreed with the counsel. | It was true that the Court of Appeals had held there was error in the trial and he could not see why Carr was not entitled to a new trial as well as Woods. In the case of Peter Woods the Court had ordered a new trial at the January term. Alter hearing the respective counsel the Court re- versed the judgment and ordered a new trial, COMMON PLEAS—SPECIAL TERM, Decisions. By Judge J. F. Daly. Graff vs. Helling—(Buil reduced to $250).—Motion to discharge denied. Same vs. Winship.—Motion dented, without costs. See opinion. Rarris vs. Maginn.--Motion granted. See opin- ton, MARINE OOURT—PART 1, How Assessments Are Vacated. Belore Judge Gross. Peter A. Hargous vs. Benjamin P, Fatrenild.— Subsequent to the Jaying of the last pavement on Thirteenth street, between First avenue and the East River, a Mr. Brown had circulatea among tne property owners on the line of the improvement @ book containing a form of agreement, by which the subscribers bound themselves to pay to hima sum equal to one-quarter the amount then as- sessed against their respective pieces of property for this paving in case he succeeded in having the assessment vacated—nothing to be paid in the event of non-success. To this document a number of signatures were obtained, among them that of the deiendant, in pencil; but, as ex- iybited in court, it had a line drawn through it ‘The plaintiit in this case, who is an attorney-at- law, a3 appeared by the papers introduced m evi- dence, acted as attorney for the eparties whose names appeared tn tnis book, and in the case of the deieudant signed tor him as attorney, and finally received trom Brown an assignment of whatever clatms he had avainst Fujrehild, He does not, however, pretend that he had any direct | engagement from the deiendant. Proceed- ings Were also commenced’ by various other paruies to vacate [his assessment, which was at length accomplished; but meantime the defendant had disposed of his lots to the Mutual Gas Light Company, which, iG appears, paid some of these other parties for this same service, The amount levied on the lots formerly owned by defendant was some $2,800, and this suit 18 brought to recover one-quarter of that amount—g700, On cross-examimation of the Piaintif it was endeavored to show that a parcner- NEW Y taken up dis- | The ac- | cused was triedin connection with Peter Woods, | Mr. | in tae | void as being against pudlie policy, that tne rela- tion of attorney and client could not exist without dejendant’s consent, that the proceedings Litro- duced were irreguiar on their Jace, and that no ownership im the defendant was shown at the time of the filing o1 the petition. dudge Gross said that, without touching on the other points m toe case or commenting on the | morality of the business in question, he would dis- | muss the complaint on the ground that ownersbip. in the deiendant was neither shown at the ume of the filiug of the petition nor at the date o1 the aHeged confirmation of the assessment. GENERAL SESSIONS—PART 1. The Sarner Alleged Perjury Case. Before Judge Sutheriand, The trial of Julius Sarner, charged with perjury, “was resumed ta this Court yesterday. Ex-Recorder { | Smith made a lengthy opening of the case for the defence, stating that he would show that the in- surance companies conspired to procure the in- dictment against Mr. Sarner, who was a reputable merchant, so that they might not be compelled to pay the claims which he made upon them for the destruction of nis property by the fire. The first -witness called jor the defence was Alfred KE. Baker, formerly Fire Mar- shal, who explained by a diagram which he had prepared the extent of the fre, which, he sa:d, must have burned fiercely; tnat there was a large hole burned in the Jourth floor, and when hé went there, the day alter the fire, he saw a great quantity of débris, Counsel wished to show by this witness that fur caps could be speedily barned and leave no trace | of what they were but ashes. The Court ruled the evidence incompetent. District Attorney Roliins subjected Mr. Baker to @ searching cross-examination, and brought out the Jacts that the witness was weil acquaipted with Sarner; that his (Mr. Baker’s) son Was an insurance agent, and that he weut to Sarner’s place alter | the fire just the same as li the fire nad occurred elsewhere. In reply to counsel for the deience Mr. Baker said that some years ago Sarner’s por- ter Was arrested and indicted for arson, for having set Ure to the store he then occupied, and also for steaung lurs, and that he was seut to the Peniten- tiary for the larceay. Joseph Horn, a carpenter, testified as to the extent of the repairs that bad to be made upon | Sarne:’s premises atter the fir The next witness was Mi Rotenberg, a cap finisher, who took a good deal of work from the defendant’s place to make up. He was culled to prove that he saw fur caps in cases on tne fourth floor a short time betore the fire. He jurther said that Miller, Sarner’s cutter, hud met him in Spring street and told him he (the witness) could make $500 or $400 Ly going to @ man named Harris, if he would swear against Sarner, which he declined todo. Mr. Rollins cross-examined this witness, and while he was on the stand he either did not understand the questions propounded or contra- dicted himsell repeatedly. ‘The case will be resumed this morning. | | Before Recorder Hackett. Another large batch of criminal cases was dis- posed of yesterday in Part 2 of the General Ses- sions. District Attorney Phelps represented the interests of the people. Before the jury trials began anumber of prisoners | pleaded guilty instead ot risking trial. John Bray | was sent back to the State Prison for five years. He | had been out of Sing Sing only a few months when dangerous weapon, Andrew Dempsey, Wiliam Clark and Stephen Doty, for attempt at grand lar- ceny, Were cuch sent to the State Prison for two years and a half. John Brown received the same sentence ior @ similar offence. Klien Irving re- ceived six months in the Penttentiary for petit Jarceny. David Walsh, for attempt at burglary in the. third degree, was. scnienced to one | year in the Penitentiary. Daniel Ziegler, who was the principal in the affair with Walsh, received two years and a half. William H. McFar- land pleaded guilty to larceny trom the person and was sent to the State Prison jor tive years. denny Price, an acknowledged tinef, was sent back to Sing Sing for two years and a half. In the case of two Italians charged with assault, Wameka Na- talle received 81x months in the Penitentiary, and his companion, Gantalina, was discharged. Ber- nard Brosius was fined jor assault and battery. Jacob Piatner was tried for @ serious assault ona little boy, between nine and ten years old. The evidence was remarkably conflicting, but the jury bepges in a verdict of guilty. Sentence was de- erred. Hugh McGloin was found guilty of an attempt at grand larceny, and was remanded for sentence, There are a number of important cases on the calendar which the Recorder will dispose, of before the close of the term. TOMBS POLICE COURT, Policy Dealer Captured. Before Judge Wandell. For some time past OMcer Fitzsimmons has been endeavoring to capture certain policy dealers on the cast side of town who make a iucrative busi- ness of tmposing on gullible seamen by selling policy tickets and slips. One John Watson, of No. 41 Peck slip, has been doing this kind of business for some time past, and Penpeg Oticer Fitzs! mons caught nim in the act ot selling the tickets | and brought him before Judge Wandell, who com- mitted him for trial in derauit of $500 bail, Lost His Watch, Edward Harris is an inmate of the Marine Bar- | racks, Brooklyn. Yesterday he came to New York to have a jolly time and called on Miss Miller, in the | Bowery, who reileved him of his watch and chain, valued at $120. Miss Miller was held in $500 bail to answer at the General Sessions. ESSEX MARKET POLICE COURT, Robbing a Doctor's Office. Before Judge Bixby. Four men, named Thomas La Strange, James Hickey, Frank Reilly ana Thomas Kelly, were | arrested on Wednesday night by officers Living- ston and Moran, of the Thirteenth precinct, on suspiciov. In their possession were found coats, pantaloons, vests, shirts and other articles of clothing, besides two canary birds in cages, all ; valued at $152. The premises of Dr. Wilham L, Hayes, of No. 134 Broome street, bad been broke | into the might betore and his office was cleaned out. He made & complaint at the station house, | ancl when the officers made this arrest he was sent for and tully identified the property found as belonging to him. Judge Bixby yesterday held the four men in $2,000 bail each to answer on a charge of burglary. Danger of Falling Asleep. Morris Cohen, a tailor, was charged by a boy named Henry Hoppe, of No. 137 Division street, with stealing a red leather pocketbook trom the erson of Eliza Henderson. Eliza went into a ardware store at the corner of Division and | Canal streets on Tuesday alternoon last, and, sit- | ung down in a chair, tell asleep. The bor, Henry | Hoppe, testified that he saw Morris Cohen take her pocketbook while she sat there. It contained | at the time, according to Mrs, Henderson's testi- | mony, $50. Cohen was held in $1,000 bail to | answer at Gencral Sessions. JEFFERSON MARKET POLIOR COURT. The Gambling Raid Farce. Before Judge Murray. Andrew Sheehan and nine others who were arrested Weinesday night tn the house No, 62 East Twelith street, were arraigned at this court yes- terday. Sergeant Robert Young, of the Fifteenth | precinct, was the complainant, He said that ne saw two men sitting at a table playing back- gammon and two others playing cribbage, and he also saw Checks and counters ing around loose. Andrew Sheehan, as an alleged keeper of a gamb- ling house, was held in $1,500 bail, and the examina- tion was set down for Wednesday, June 3. The other prisoners were discharged, The Broadway Barglary. The examination in the case of James Wilson and William Dougherty, whu were arrested by Cap- tain Byrnes ana Detective Henderson on a charge | of burglariously entering the premises of Anton Vigouroux, No, 764 Broadway, and taking theretrom he committed this last offence—an assault with a f | fons of | and upon sufficient grounds shown to the Court. | ferred to were beiore the Court. $2,C00 worth of handkerchie/s, came up yesterday. A son of Mr. Vigouroux testified that two hand- kerchieis found tn possession of Wilson were part of the stock of which he had charge. He was sub- jected to a Jong and close cross-examination by Counsellor Price, but was very positive in his statement. Wilson and Vovgherty were together at the time of the arrest, and they were aiso iden- tiled as having been seen prowling sround the premises lor @ day or two before the burglary. ned ay alias “Long Dock,” 1s a notorious.criminal, He was indicved three years ago jor a burglary committed in Twenty-sixth street, in @ plano factory, When the watchman on the premises was gagged and tied to tne legs of one of the pianos. On this indictment he was au- mitted to bail, which bail he forteited, and has not | been seen in the city since. He has spent two | Ss oi the time in prison in Boston, Captain Byrnes procured a bench warrant to arrest him on the old indictment, Both he and Wilson, who has slag gous the State some service, were fully com- mitted. COURT CALENDARS—THIS DAY, SUPREME COURT—CHAMBERS—Held by Judge 8. % 43, 65, 70, 99, 103, 116, 128, 129, 2, 137, 144, 147, 149, 154, 159, 167," 178, 193, 213, 216, 213, 219, 220, 222, avd, was, 225, 281. SUPREME COURT—GENERAL TERM—Held by Judges Davis, Dantels and brady.—Nos. 156, 59, 145, 147, 148, 100, 171, 178, 113, 65, 115, 80, 89, 90, O1, 92, 114, | 166, 173, 175, 179, 84, 43, 45, 47. SUPREME VOURT—CIRCUIT—Part 1—Adiourned for | | | 1 | MAY 22, 1874,.—TRIPLE SHEET. anmerahy yt - Prd Ane for the carrying on of this business of | theTerm, Part 2—Held by Judge Van Brunt.—No, | vacating assessments, Defendant's counsel | 77634. Part 3—Held by Judge Lawrence.—Short | argued, on @ motion to dismiss the com- causes—N y 9, 1823, 2047, 1293, 1183, 2459, | piaint, thas a contract of this kind was 335, 2019, | 2943, 3467, 1205, 2391, 259%, 2371, 3237, 8443, 5241, 3261,2225, 3096, 345: 2529. | SureRion Coukt—TRisL Tenm—Part 1—Heid by | Judge Curtis,—Nos. 873, 879, 653, 1741, 39, 663, 927, Bom 237, 989, 674, 931, 1603, 987, 1711, Part 2— He! oy dudge Spier.—Nos. 424, 962, 996, 578, 930, | 936, 934, 84, 912, 624, 424, 882, '868, 798, 1652 Coupr OF COMMON PLEAS—TRIAL TERM—Pact 1— Held byJudge Loew—One hour causes.—Nos. 250, 8664, 3949, 3922, 4051, 40116, 4157, 4200, 3603, 4083, 4097, 4116, 3318, 4112, 3912, 3604, 3814, 3825, 3703, 3573, 270214, 4039, JOLT, 3894, 4 69, 4160, 4161, 4262, 3046, 4115, 4046, 3980, 979, 4292, 3159, 045, 8046, 4045, S751, 4195, 2495, 4090, 4227, 4152, MARINE CouRT—IRIAL TeRM—Part 1—Held by Gross.—Nos, 4491, 4569, 4825, 4933, 4317, , 4482, 4070, 5246, $20, 523, 4485, 4341, 2u44. Part 2—Adjourned Part 3—Held by Judge Spauilding.— Ne 4089, 4956, 4058, 4964, 406, 4793, 4218, 32, 4815, 4949, 4503, 263, 4094, 4960, 4995, 4906, 4997, 4998, 4999. Part 4—Heid by Jude McAdam,—Nos. 3278, 5058, 5244, 4609, 4521, 45) Sd, 5285, 4684, 4654, 4714, 4301, 5101, 4644, 5001, 5008, ' 5009, 5010. Part 5—Held by Judge Alker.—Nos, 3975, 4225, 4936, 5211, 4923, 4308, 4381, 4975, 4978, 4981, 4982, 4986, 4988, 499234, 4993, 4025, COURT OF GENERAL SESSIONS—Part 1—Belore City Judge Sutherland,—The People ys, Julius Sar- ner, perjury, continued. Part 2—Belore Kecorder Hackett.—The People ys. Thomas O’Brien and Jovn Conroy, robbery; Same vs. Andrew Forney, robbery; Same vs. Samuel Gilmore, burglary; Same vs, William Fiynn, burglary; Same vs. Wil- ham P. Lyfn, ielonions assault and battery; Same vs. Michael Garry, felonious assault and battery; Same vs, I'rederick Lubo, telonious as-aujt and battery; Same vs. James Gilmartin, felonious as- sault and battery; Same vs. James O'Neil, felonious assault and battery; Same vs. Frederick Evers, Jelonious assault and battery; Same vs. William Dick, felonious assauit avd batiery; Same vs. John Green, Jonn Tayior and John Clark, grand larceny; Same vs. John Moore, grand larceny ; Same vs. Henry Deiken, grand lareeny; Same vs, Joho Cosgrove and Louis H, Robinson, grand larceny; Same vs. Newman Harris, grand larceny; Same vs. George H. Cooper, grand larceny; Same ys. Louisa Williams, grand larceny; Same vs. Jobn H. Dusenbury, attempt to induce perjury; Same | vs. Rosa Friel, assault and battery. COMMISSION OF APPEALS CALENDAR, ALBANY, May 21, 1874, ‘rhe following 1s the Commission of Appeais cal- endar for May 22:—Nos, 121, 126, 130, 140, 148, 147, 145, 50, 51, 92, 117. BROOKLYN COURTS. UNITED STATES DISTRICT COURT, The South Side Ratiroad Company. Before Judge Benedict. Elbert Floyd Jones having been elected assignee in the bankruptcy proceedings against the South Side Ratlroad Company, his name was presented to Judge Benedict, of the United States District Court, yesterday. Objection was made to his confirmation on the grounds that the extension bonds were illogally issued, and that no voting wos allowed on the Hempstead Railroad bonds, The reply was that the extension bon shad noth. | ing to do With the election and the Hempstead Railroad Company was the debtor of the South | Side. The case will be heard again to-day. COURT OF SESSIONS, The Indicted Oficials—Objection to the Transfer of the Cases to the Oyer and Terminer=Counselior Barnard and Goveinor Dix, Belore Judge Moore. ‘The Court of Sessions room was crowded yes- terday morning, principally by office-holders and politicians, in view of the announcement that the time for the trial of the indicted Charity Commis- sioners—ex-Tax Collector Badeau and others— would be designated, The accused were present in Court. ‘fhey are the present Charity Commis. stoners—Messrs. Powell, Ferguson, Cunningham and Wells; ex-Commissioners Foran, Seiler, Scott and Carr; ex-Coliector Badeau, ex-Deputy Collec. tor Gill, ex-City Treasurer Sprague, who 1s indicted Jor misfeasance, District Attorney Winslow said that he proposed to try these cases in the Oyer and Terminer, and he had given this notice in order that there might not be any misunderstanding as to the time when the parties might be called for trial. On the 3d of June he proposed to take up the case of the Com- missioners of Charities, ajter that the case of | Sprague, then the case of Badeau and at the end of | that the case os Gill. Mr. D. P. Barnard, who appeared for Sprague, opposed the transfer of his case to the Oyer and ‘Yerminer, Mr. Barnard said:—I call the Court's attention to what occurred at the time Sprague was first cailed upon to piead. There were our indictments iound against him. I stated then the the indictments appeared to be identical beige ail found at the same tme. | could not avail myself the provis- the statute to move to quash all but one of them, and the District Attorney at that time, Mr. Britton, said to me that J might | plead, but that be would not take advantage of that circumstance if it became necessary aiter the sriul of ene Of these indictments to ‘plead the acquittal on the others, in accordance witi that understanding, upon the examination oi these indictments 1 do not: Know particwarly to wich one the District Attorney reiers—I intended, #8 soon asican get the judgment made up of the former acquittal, to present the pians of the acquittal in ail these cases. I perceive, in ¢xamin- ing the indictments, they are all ior the same offence. In reg.rd to Mr. Badeau’s case, I shall Insist upon it that tae Governor shall not make a | court ior the triul of that case. J allude to what is A MATTER OF PUBLIC NOTORIETY, that in the opinion of the Governor, in.the trial of the charges against the jate District Attorney, he expressed an opinion as to the guiic of Mr. Badeau. And we are determined, if we can prevent it, that no Governor-made Judge and no Governor-made Court snall try that case. But we are determined that he shall be tried in the regular way in the county o1 Kings, by the courts of the county of Kings and by tne judges elected by the people of this county. And 1 wish to say no more, except that the case betng inthis Guurt it is not in the | power of the District Attorney to remove tuat case 110m this Court, except upon proper notice When that time comes we shall claim the richt to keep that indictment in this Court. I state this without Knowing who may be the Court of Oyer and Terminer under this order of the Governor. It has been A MATTER OF SUSPICION to the judicial minds of the country from which we originated, Aum those of England and Ireiand, and they sow the great danger of a defendant or prisoner peng brought to. trial by judges and courts constituted by a government determined tacoavict. Under the constitution and laws in this State there is some provisicn which protects defendants and prisoners irom an attempt on the part of the government to crush and over ‘helm taem. And that provision is in courts elected by Yhe people, in couris constituted by the people, and in the proper places, where a fair and impar- tial trial can be had. Now, that being the case, | and the case of Baueau not being a jail case, be- cause the defendant is out on bail, it is Lot compe- tent for the District Attorney, of ms own motion. to remove the case into another court. In regard to the Sprague case, J can satisly the District Attorney and Your Honor that that case can never again be tried beiore a court and a jury. therefore it 1s necessary to | prepare the proper pleas of the former acquittal. I have had but two or three days since | received notice to come here, and I have not yet decided whether @ general plea would be suficient, or whether it would be proper to put in a special pleas soas to enable the District Attorney to put in a demurrer and bring THE QUESTION OF LAW before the Court whether the case can again be tried before a jury. If this case 18 to be tried over again it is to be tried over in the same way pre- cisely, and the only dufe: ence in the indictment js leaving out the words “fejoniously” and “embez- zlement,” recounting the same measure of offence, I shall satisty Your Honor that this is a case that cannot be again tried. [have nothing to do with the other cases, Mr. Winslow replied that none of the matters re- | When he made a motion to send the cases to the Uyer and Terminer it would be time enough to consider it. Judge Moore did not understand that there was | any agreement made to set these cases down jor | trial at any particular time. A motion to transfer would, thereiore, have to be made iu due form and regular hotice given in the proper way. mr. Barnard then moved in the sprague case that he be te to put in a special plea ot the jormer trial and acquittal. a Winslow said the time for that had not ar- rived, Mr. Barnard said that was the understanding with the jormer District Attorney, ‘Mr. Winslow said if the counsel could not meet at the time he made he would like to hear from him, ‘This terminated the proceedings. WALKER & 00. The Prisoners Conditionally Discharged on a Writ of Habeas Corpus. The six prisoners committed m Elizabeth, as published in yesterday's HERALD, Jor divers alleged swindles in connection with the firm of “Walker & Co.,”” were brought before Judge Depue, at Newark, yesterday, on a writ of habeas corpus. ‘Their counsel, Mr. Marks, moved for their discharge | on the ground that uo evidence exited to connec them with the alleged conspiracy, and that ub chief parties to the conspiracy, il auy existed, were still atlarge. The arguments on the motion oc- cupied three hours, aiter which tie Court sua- | tained the writ and discharged the prisoners on the condition that they be detained a reasonable | time to allow the production of the requisition by the officers sent to Albany for that purpose, ‘The Teawsition was expected before midnight, , they let the case be tried?” The Mayor has signed Alderman Morris’ ordi- Rance, requiring steamboat ranneys to wear & | badge, to be selected and furnished by the Mayor’s Permit Bureau. Mayor Havemeyer yesterday transmitted to Mr. John Phillips, President.of the New Orleans Cotton Exchange, a chck for $1,535, being amount received as donations to thé sufferers by the Louisiana 1nundations. The eighth anniversary of the Young Men’s Christian Association of the English Lutheran church took place last cyening atthe church, in Fast Filteentn street. ‘The order of exercises embreced songs, solos. and addresses, all of which were rendered in fine style. The schooner Zuletta Kenyon, of Hartford, was struck by @ squall while passing through Hell Gate yesterday, and a seaman named Jacob Manuel, a Frenchman, twenty-five years of age, fell trom the mastiead overboard, He was seen to. strike the water und did not rise again. It is believed he was struck by lightoing and killed before his fall. Coroner Eickhoff yesterday held an inquest at his office in the case of Edward Toole, six years of age, who, on the 19th inst., in Eighth avenue, near Abingdon squi was knocked down and crushed to death by car No. 51 of the Eighth avenue line, as previously reported in the HERALD. ‘The jury ren- dered a verdict of accidental death, Whereupon the Coroner discharged the driver of the car, who had been arrested, The Painters ana Paper Hangers’ Association had a full meeting last night in their headquarters No, 48 East Filteenth street. Mr. Edward Mar- tim, the President, was m the chair; Mr. P. J. Byrne acted as Secretary. The reports which came in trom different lodges of the society showed the trade to be in a very satisfactory condition, | Resolutions expressive gf sympathy with the tam- iy ot Mr. Alired Hayden, deceased, an old and re- spected employer, were adopted and a committee appointed to have the resolutions engrossed and delivered to the bereaved family. Under the orders of Commissioner Van Nort, a lot of old iron and several unserviceable horses, the property of the city, were sold at auction yes- terday at the Pipe Yard, foot of Twenty-iourtn 8 bald East River. The following are the pro- ceeds ;— 250 tons of scrap fron, at $21 50, One ton of wrought iron. Three unserviceable horse $5,313 A 36 7 z 85,67 The scrap iron is to be removed within sixty days, about twenty-five per cent of the purchase money being paid cash, and the balance to be paid as the tron is removed. ~~ BROOKLYN. A committee of citizens called upon Mayor Hun- ter yesterday and solicited a guntribution in aid of the Mill River valley suiferers. ‘They received $5. The first open air concert of the season will be held in the grove, near the lake, at Prospect Park, to-morrow afternoon. Coiterno will wield the baton upon the occasion, Brooklyn has thus iar taken no action towards assisting the famishing people along the section of country inundated by the overflow of the Father of Waters. Three weeks ago the Mayor promised that puvlic action would be taken to relieve these peopie. Two workmen, Augustus Dunlop and William Johnson, were severely injured by the explosion of a centrifugal machine ‘at the sugar refinery of Messrs. Cook & Randat, Pearl street, on Wednes- day nizht. They are lying in a critical condition at the hospital. Frank Rossa, an Italian laborer, was crushed beneath an embankment of earth while digging at Bay Ridge yesterday aiternoon. He was conveyed | to the Long Island College Hospital, where tt was ascertained he had suifered w fracture of the | haunch bone, Coroner Jonés was notified to hold an inquest over the body of Mra. Mary Luny, who was found dead, seated ina chair at her place of residence, || No. 715 Dean street. There were marks ot violence abont her fice and neck and a post mortem ex- amination has been ordered. Patrick White, a watchman, was arrested yester- day ior feloniously assaulting Michael Coyle with a club onthe, 11th inst. The injured man is said tobe lying in ® critical condition at his place of residence, No, 51 Atlantic street. Justice Walsa issued tke Warrant for the arrest. John Heldright, a resident of 115 Park avenue, was the victim of & murderous assault at the hands ofa gang of raMans who congregate at the intersection of Oxiord street and’ Park avenue, on last Wednesday nignt.. fhe police of the Fourth precinct are looking aiter the assailants. Opinions have been obtained from the Hon, Willlam M. Evarts and Mr. George T. Curtis touch- ing the resignation of Comptroller Schroeder. ‘They are of the opinion that the Comptroller did | not merely give notice o! his intention to resign, but that he actually did resign, andthe power to fill the vacancy lies with tne Common Council, Mr. James Peacock, a baker, doing business | corner Twentieth street and Seventh avenue, New York, visited the Morgue yesterday apd identified the body found in the river, foot of Adame street, as that or bis daughter. Deceased, whose name was Mrs. Dynock, Was a widow, Sne left her home unaccountably three weeks ago and no tidings had since been obtained of her. She was subject to attacks of melancholy. The great bugbear to the old fashioned property owners on the line of Atlantic avenue | for many vears has been the threatened introduc- tion of steam for rapid transit on that thorough. lare. Their worse lears are reawakened. They have discovered that a number Of locomotives are being buttt for use on that line, and yesterday a deiexzation waited on the Mayor, beseeching him to guard them against such @ dread wwnovation as quick travel under steam power. LONG ISLAND. Patrick Butler, at present under two indict- ments in Queens county for grand larceny, but out on bail, was arrested yesterday in Flushing for stealing plants and flowers from several gardens in the village. Butler’s method was to steal the most valuable plants only and dispose of them in New York and at the cemeteries, The Board of Trustees of the village of College | Point at their last meeting Opened the bids for the | water machinery and pipes for the supply of the village with water. There were four bids .for the machinery, as lollow: Worthington, all the necessary Machinery, $15,350; the Boston Machine Company, $14,500; William Wright & Co, New- burg, $19,175, foundation, $1,200; Niagara Steam Pump Works, Brooklyn, engines $10,000, boilers $8,000, foundation $800. There were thirty-one bids in all. The contracts have not yet been awarded, The Board of Trustees of the village of Flushing have appointed Mr. A. R. Ketcham as Consulting | Engineer ot the Flushing Water Works, at a salary of $2,500a@ year. The contract has been signed for the butding of the engine house, the building to be compteted by the 16th of July. Contractor | Mullins, who was the lowest resident bidder for the laying of the water mains, but fatled to get the | contract, has served the Trustees with the neces~ sary papers notifying them of his intention to ap- ply .or a mandamus restraining them Irom carry- ing out the contract with Mr. Lewis, to whom it was awarded. Francis O’Brien and M. O. Grady visited Dutch Kills, Long Island City, yesterday, and while there called at the residence of Mr. Michael Donnelly, asking him for work. He had none for them, how- ever, and shortly alter their departure he missed his vest, in the pocket of which was a watch and cham, and which had been lying on a chair in the sitting room. Mr. Donnelly at once notified the olice, Who succeeded in arresting the men at unter’s Point, but, alchougn it was ascertained that they had unsuccessiully tried to dispose of the Watch at several places, it could not be tound when they were arrested. Recorder Parsells held the prisoners for the action of the Grana Jury, August Kellerman, who pleaded guilty of man- Slaughter in the fourth degree in shooting Andrew Milier at Breslau in March last, was sentenced by Justice Tappan to imprisonment in Sing Sing for one year. The impression is strong that the shoot ing was entirely accidental and that a trial would have resulted in his acquittal The adjourned term of the Sniolk county Court of Oyer and Ter- miner bas finished up its basiae: adjourned, Justice Tappar announced Liat the argument upon tie Motion to change tie Venue in the Kelsey cases woud tuke piace in Brooklyn, and thas the prob- ability Was that the cases would be sent back to Suffolk county or trial. The attempt on the part ot the defence to obtain the chauge of venue is generally regarded at Riverhead ana Huntington a8 a confession of weakness, and the question is irequently asked, “It they are innocent why don’t he Banks od Sam- mie geseult and battery wipes * battery cases were. likewise post SS ee WESTCHESTER COUNTY. eee The. corner stone of a new African Methodist Episeopal church was Jaid, with the ceremonies, at Peekskill, on Tuesday, sepeeprine In order to prevent @ recurrence of the recent disastrous conflagration at Sing Sing vitiage the munierpal authorities of that place have just or. ganizeda new fire company. An inquest was held at Yonkers, yesterday, by Coroner Bassett, on the remains of John White, a couchman im the employ of’ Mr. John A, Dua, whose death occurred suddenly in the morning, The wife of deceased, it appears. went to his bed. side about. five o’crock for iM purpdae of calling him to breakiast, and found him in a dying condi tion. He expired belore medical ald could be summoned. A verdict of death from heart disease ng rendered. Deceased was about iorty years old, STATEN ISLAND. Patrick O'Brien, one of the crew of the schooner Thomas Clyde, bound to Philadelphia, while at Stanieton yesterday, died on board snddenly. The body was taken ashore, and Coroner Lea held an inquest, Verdict—“Hemorrhage,” The Village Assessors of Edgewater have this year fixed the valuation of property in the town of Southfield at one-third ana'thas of the town of Middletown at one-fifth, and have taken from Southfeld $50,000 and added it to Middletown, The village 1s composed of parts of both these towns. Coroner Lea, of Stapleton, yesterday held an ins quest upon the body of an unknown drowned man, | found at the foot of CiiY street, adjoining the } boarding station at Clifton. Deceased was dressed ina dark coat, white shirt and red faunel under. siirt, brown striped pantaloons and boots, Hoe was five leet eight inches rn betght, and epparentiy about twenty-ilve years of age. ‘The body had the ®ppearance of having been in the water several days, He was buried in the Richmond county burying grounds, NEW JERSEY. —— The athletic sports of the Columbia College Clab will take place to-morrow on the grounds. of ve St. George’s Cricket Club, in Hoboken. Two sunken wrecks were reported yesterday to the authorities of Hudson county. One Mes near Snake Hill, on the Hackensack, another off Bay- onne. Both are to ve removed, The'Board of Freeholders of Hudson county re- fused yestervay to pay a salary of $600 toa clerk of the Commissioners of Jurors on the ground that the whole work could be done witnin twenty-four hours. The new Board of Health in Jersey City have had quarters assigned them by the Board of Free- holders, and a reciprocal arrangement has been made with the Board of Health in New York for the granting of permits. The Board of Chosen Freeholders of Hudson county met yesterday au Jersey City and elected Dr. Stout County Physician. Mr. James Roche was awarded the seat claimed by Mr. John Garretson, in the First district, his adds one member to the democratic contingent. ART MATTERS. { Exhibition of Sculpture. There is at present on exhibition at the Leavitt Art Rooms a small but interesting collection of | sculpture, the work of an American artist, who re- | Sides in Italy, The most important work is a life- | sizefemale statue, iilustrating Thomson’s lines:— Witb fancy blushing, at the doubtful breeze Alarmed, and staruing like the fearful fawn, Then to the flood she rushed. | ‘The pose of the figure is remarkably graceiul, ané | there is in the whole expression of the work a femininity and poetry not often found in modern statues. The sense ‘of motion 1s weil expressed, and the conipositions ofthe lines leave nothing to be desired. **Musidora”’ is one of the most charm: | ing statues we have seen jor some time. The mod- | elling of the figure is above the average, work been careinily finished marble, There 1s also a 1st Of | which isa replica “irom statue of | same ttle by the sculptor, Mr) John A. Jackson. that exhibits the pleasing ideal'y combined with clever hand work. A clever little statuette of Cupid bending~his “bow and several ideal heads complete the collection of marble works, A”strong and lite like portrait of Sumner in piaster will | algo attract attention’ by its marked individaai- ! ity. ‘The collection will remain on exhibition tor | some time. The Haseltine Collection. | The exhibition of the aseltine collection win | close this week, when such of the works a8 remain | unsold will be removed to Philadelphia,, Two ad- mirable works have been added to this collection | during the week, “After Dinner’? by Micnasl, a | puinter of great power, but nos well known as this | side of the Atlantic, and “Playing at Soldiers’ by our old friend Saientin. | Art Notes. | Francheschi’s memorial bust of Gottschalk has | arrived from Paris and is now’en exhibition in the | library of the Academy of Design. £ Bonnat, the great French painter, is represented in this year’s Saion by an intenscly naturalistic crucifixion, which he calls Le Carist.. It1s said to | be a marvel of execution. | Some of the best known French artists, like MM, Baudry, Bida, A. Desgoffe, Diaz de la Pena, J, Dupré, BE. Frere, Hamon, Jalabert, Legros, Meis- sonier, Millet, Regamey, Roybet, Tissot and others, | besides M. A, Stevens, whom we are not to calla | Frenchman, and Mile, R. Bonheur, are not repre- sented in this year’s Salon. an American lady artist, Miss Gardener, carries off the honors of the Paris Silon. Her “Corinna” is said by the critics to be one of the most attrac. tive works in the exhibition, The following remarkable letter has been ad. dressed to the editor of one of the English dailies ;— Strn—Some few weeks ago I visited the studio ot | M. Courbet, in switzerland, whither he has retired before the menaces of the rrench government, | He has been for some time painting Swiss scenery—lake and mountain—and, while | was in his studio, jour or five pictures were exhibited ta myself and others—the others being three artists, | one Belgian and two English. The pictures weie all admired, but two of them espectally excited in us all the utmost admiration—one a picture of “Lake Leman at Sunset,’ the other the “Castle of Chillon, with the sur- rounding lake and mountains.” As we gazed upon these extraordinary Works the Belgian artist remarked that it was such work that the French Salon had excluded because of M, Courbet’s con- nection with the Commune. Thereupon the rest of us earnestly advised that Courbet should offer those two pictures, at least, to the Royal Acatiemy at London. which we proudiy affirmed ‘was not to be influenced by political considera- | tions. M. Courbet did send the pictures, They are now awaiting an order from the artist for their | immediate disposai—except one, which has been purchased by an American jor 6,000 francs. Of course & theory to explain the rejection of M. Cour- bet’s pictures suggests itself at once ; but it is one which I would no* like to discuss, especiaily alter | the expressions of opinion in your own and other | English journals Wy the ostracism of the same artist by the French Salon, Mb. Oo. | A GERMAN POLITIOAL CONSOLIDATION, The Central Committee of the German reform Organizations, which originated during the reform | campaign a few years since, and the General Com- ; Mittee of the German democratic ward organiza. | tions held a jomt meeting at the Germania | Assembly Rooms last night. The object of the meeting was to complete the act of | consolidation. Oswald Ottendorfer, in a | brief address, explained the consolidation moves | ment, and called upon Judge Michael: C. Gross to | Preside. George Kuester, the Secretary, read tne | resolutions, embodying a plan of co! dation ree cently adopted at the respective meetings of each central committee of the German democrata and of the reiormers, the terms of which were ratified. The consolidated organization | Of telormets and democrats, accorving to | the terms of the agreement, 1s henceforth to be known as the Cencrai Organization of the Gerinan-American Independent Ciazeus’ Associa | tions, A committee, composed of F. Schoennol, | Dr, H. Gerke, J. F, Butenscnoen, Dr. Philip Mericte, | Albert Kisaesser, George Wollbrecot, H. Schroeder, | A. Peters, A! Gottmann, Dr. Hoeber, Dr. | Andrew and wr. Waterman Was appomced to effect a ‘revision of the constit tion and the bylaws of each organization. A cominittee of agitation was appointed, com- sed of Messrs. Otverburg, Morita Bilinger, ith nus Gross, Professor Theodore Glanbenskige and Edward Schiichting, The object of this com- Mittee is to prepare a pian ot organization and at | operation, Hn © ome of existing political par- ties. The committee Is occasion requires it, to conier with other independent organizations for | joint political action ia the interest of reiorm