The New York Herald Newspaper, June 7, 1874, Page 10

10 MUNICIPAL DRY 6009S How Reform Works in the Purchases of | the Commission of Charities. ‘LOUIS STERNBACH’S PROFITS. | . Tight from the Grand Jury Room on the Price of Cloth. | of supplies? A. WILL MR. GREEN EXPLAIN? | ) Peete ser | A Clerk Who Looks Tco Closely | Into City Accounts. | been abie to let insome light on the sham economy of reform as practised at the expense of taxpayers 4n the Commisston of Public Charities and Correc- tion. a feeble and sleepy farce of investigation, which dragged wearily through a week and then | went to roost in the pigeon holes of the Mayor's | ofice, alowed many to public notice through the columns of the | flood of light into the dark recesses of the snng office in Eleventh street, where the peopie’s money is squandered by means of purchases | of necessary articles for the * use public institutions of the city at prices con- siderably advanced, it is alleged by relatives | or family connections of some members of the Board. This time the Grand Jury room is the lens through which this glance of public scrutiny 1s | cast \nto this system of fraud and official robver, The statements giver below are the sworn evi- dence of witnesses examined by the Grand In- | quest, They show how the purchasing of ary | goods was managed to the advantage of Louis Sternbach, who 1s said to be a connection of Com- missioner Stern. Taxpayers will read these reve- | lations with interest. Perhaps they may algo in- | partment of Charities ana Correction were not nearly equa! to the samples that he produced to quire who profit by the other branches of the vast | purchases which are requisite for the institutions under the charge of the Boara. | The Testimony. | GRAND JuRY Room, April 22, 1874. | TESTIMONY OF JAMES BOWEN. James Bowen, being duly sworn and examined | by Mr. Stout and other Grand Jurors, testifled:— | Question. We would like to know something about the workings of the mstitutions under your charge as Commissioner, something about the Supply Bureau—low it is constituted, what pur- chase clerks there are 1n it, and what agents tucre are for making purchases of supplies, and so on; what they receive, wuat they are paid, what they do, whether there is a gentieman named Steru- | bach connected with It; and something about the | purchases that he made, and whether you always approved them or not, aud whether you did not disapprove of them? Answer. The purchases for the department are made in this way; once a fortnight the head of each institution makes his | requisitions for supplies for the coming fortnight such articles as may be required; they are lor- warded to the Board and are taken up, approved or disapproved in whole or in part; necessarily & large portiou are approved; they are tien assigned to the purchasing clerk, who has charge of making purcuases ler the department; I think his salary is about $3,000, Q. What is his name?’ A. The name of the pres- | nt purchaser is Goodkind, Q. Is nis name Moses’ A. Ido not know, sir; he bas recently been appointed. Q. How iongago? A. Since the first of January. Prior to that ume the purchasing clerk was a Mr, Lampson, who was in oilice some eighteen months. These requisitions are turned over to the purchus- ing clerk and he makes the purchases. Q, Has apy one élsee aright to make them, A. | Not except by order of the Board. Q Did the Board ever appoint Mr. Sternbach to make purciiases? A. No. There were many in- ‘Voices, last year, of dry goods purchased. Q Purchased by Mr. Lampson’ A. No, sir; not by Mr. Lampson. The invoices came in to us | bought by Mr. Sterubacn. The dry goods I found im the early stage of this Commission, “Referred to Mr. Stern.” Alter tue first or second reference J digovered that Mr. Stern was purchasing. or causing to be purchased, these goods, I protested against it and declined thereaiter to sign any requisition so shaped. Q What is Mr. Sternbach’s business? A, I do not know. sir; I suppose he 1s a merchant. Q. These purchases should properly nave been made through Mr. Lampson? A, Yes, sir; ander the general ruies of the Board; the rale is that all purchases shall be maue either by the Board or by the purchasing clerk; they were reierred by tue | Board to Mr. Stern. Q. Did not tuat virtuaily give the consent of the Board to such purchases? A. Yes, sir; a majorrty Oi the Board approved oi it; but I provested against it on the groand that 1t would be injurious to the character of the commission and would aliect Mr. Stern’s reputation. | Q. Did you have any objection to the price paid for these articlesy A. 1 believe there was ob- jection on the part of the Comptroller's Ofice: I BsUppose on account oi the exorbitant price. j Q. The requisitious for dry goods were checked by Commissioner Laimbeer? a. Mr. Luimbeer and r. Stern. Q. How about Mr. Goodktnd—I suppose the same | geutiemen voted for Mr. Goodsiud?’ A, They voted jor him; | voved against him. Q. Dia you ever know or bear that Mr. Goodkind Was foreman of the jury that acquitted Mr. A, Wakey Hall’ A. I have heard so. Q, Have you ever heard that he had trouble with the government with reierence to whiskey Matters’ A. No, sir, | tink not. Q. Have you ever ueard that Mr. Stern has? A. Jbave heard inumations of that, sir, but nothing @uthentic. Q. You have not got s¢ gods purchased, | pr Bot apies with you of ary A. No, Sir; Q. Do you know, sir, that the prices paid for these goods were exorbitant’ A. I had reason to Delieve that they were above the market price, Masmuch as alter this had run along for some time I obtained samples in order to verily my own opinion. | obtained samples of many of the articles that bad been purchased fro: this inan Sternbach, and addressed a communication to te firm of Tett, Griswold & Co., requesting them to iniorm me What the market prices oi these samples were on certain dates. This they did, and 1 fonnd that the prices charged to us were larger than were the prices of the same description of goods on the pame di S$ to others, Q Has sternbach any place of businesa? A, 1 do not know. q. Did you ever hear that he was a son-in-law of ¢ Mr. Meyer Stern? A. { heard so or three times against tt in law said he was not brother of the son-in-law. Do you kuow anything of antecedents? A. Ido not, sir, I protested two Board; the son- 4 son-in-law; he was a Gooakind’s had anything to do Louis Siernbach & C Lows Sternbach & © 3,586...... 8 Less 5 per cent. Louis sterobach & Co. s St, ‘Less 5 per cept......... Less 5 per cent. and vou city of ber. 1873. LOU rf ‘August 7, #s per general bill August &, as per general bill | Sternbach, specific am 3 Ihave | count are reas rant 22,144 tor the above accoun:, NEW YORK HERALD, SUNDAY, JUNK 7, 1874.-QUADRUPLE SHEET. laid over; the next day or a day or two thereafte Mr. Stern fook occasion to say that, if it was ho’ agreeabie to the Board, he should not cause these purebases to be wase, Q. Where is Mr. Sternbach’s place of business ? A. Ido not know, Q Washe a merchant? A. Ido not know; he ts aman of business, so I suppose; bis billheads, I vee, are printed, Yes, sir, Q. is he iterested ontside of his salary in the | purchase of these supplies * ‘it evidence of it av all. Did yen tell Mr. Svern that these dry goods were purchased at twenty per cent less? A. Not | individually, Q. What reply did they make tothat? A. I think be he Bag notin the employ of this department? A. No, sir. Q Mr. Goodkind recetves a salary of $3,000? A. | A. I bave not seen Mr. Laimbeer made no reply, and I think Mr. Stern said that [was mistaken; the bills are approved aud turned over to tue Comptroller and they are paid after examination by him, q. And that approval is a formal routine ap- proval, A. Yes, sir, Q. What would TESTIMONY OF JAMES B, SHAW. James B, Shaw, sworn, testified as 1ollows :— Q. Mr. Shaw, wil yoo teli us what you know rehase of about 9,000 yards of Mr. Sternbach, of Mcluwsh, | Green & Co,, and which was bilied by Dim to the Cuarittes and Correction, In spite of oMcial wriggting the HERALD has | whether the Comptroiler detailed yoo to look into | the thimg, and 4! you approved or disapproved of | 1? AL I was assistant clerk in the Auditor’s office, and it was my duty to overhaul these accounts that were handed tn for payment to the Comps this DI concerning the Meiton cioth made by Department of troller; this was in August of last year; Nave in my hand was Louts Sternbach’s, by Sternbach to the Depa Correction in A jt, 187; party said they were not. Q Who said they were the real? A. The party who the clotu—the cutter; Ido not know his of the | Bame; linquired tnto the value of the cloth and cut up invoiced ‘tment of Charities and ugusi it was my duty to ex- damaging facts to come | amine this bill and to inquire ito it; I had some difficulty in finding samples; I went to the Depart- ment 0! Charities and Correction inquiring for the HERALD. Now it becomes possible to throw a full | samples of goods; samples were given me, butone party said they were tne real samples, and another found it vecy much below what was represented in the accounts; I asked Mr. Sterabach for ‘oo’s he sent to the charities; Re oftice @ very good sample, very dif. | ferent from what] received as the sample of the | ple of the brought to t sam- goods sent, which was said to be taken from the Stock; 1 took the good sampie that I received irom Mr. Sternbacn, and I inquired into the market price, and [ found that I could buy even the Sample that cheaper than what the Auditor that he charged; I he gave me five cents a yard reported there was some dif- culty about it; he told me to let the matter lay over, and it laid over ¢for some weeks until Sternbach came for his money; 1 haa meantime made other inquiries, and I found that in the the articles that he had really given to the De- the Comptroller as the sample of the goods he sent them; I re to pass the bill > Lwent away at tue holidays and I do not know any tur- ther about it; when I returned I was transferred trom that office to the Tax Oftice. Q. Will you read the bills to the jury, and also the aflidavit of Mr. Sternbach ? ‘Mr. Shaw read the document, as follows: STERNBACH’S BILL FOR CLOTHS. New Yorg, August 8, 1873. I and r! t | ‘ou recommend in the purchase — hat the purchase be appointed to one person, a paid agent; no check om that agent eXcept the Comptroller's office, and the close ex- | amination of the Commissioners themselves; | think that would be the most judicious system, | rr. Sternbach on the 7th of August, as foliows:— Department of Charities and Correction, bought of Louis Sternbaca, commission merchant, No. 36 Church (ig eases melton— 65154 yards 614% Yards 9 é 6114, yards—1,860% at ddc.......... $837 79 | Less 5 Per Celt. ceseeeeeees ‘ ee ei * Total....... PrBbcv nny sa acdbebtn i ehes uenaes TO OD The articles enumerated in this bill of Louis stern- | bach, amounting to 37% 90, have been received and are for the exclusive use of the sto: HN P, FLAGHLER, 1873. i Avavs 3. Department of Charities and Correction, bought of melton— 6x4 yaras : 61s yurds 15 yards—1,863 & 45c..... Total. ......-- aia Receipt similar to above. A Department of Charities and Correction, melton— +. 62 yards + 650% Yards 16S Vards—1.8023, at 150 Three cases «7 Receipt similar w above. ar 6, 1373. bougat of | Avausr 5, 1873. Department of Charities and Correction, kree cases nelton— Bec ssne 62545 yards wl) eat yards 629 yards—| Total....... mise Receipt sinilar to above. bought of Avaust 4, 1873. Department of Charities and Correction, bought of Louis Sternuach & Co. ;— Three cases melton— Total. 2 Keceipt same as above. City and County of New York, ss.:—Louis Sternbach, being Commonalty of New r account 3 Subseribed ad sworn before me this 7th d CiagLes Carex, Commissioner of Deeds. {A.} ERAL EXPENSE SCHEDULE. a The Mayor, A 1873. — ‘Total. DORSEMENT BY THE BOARD. in the schedule hereto ur w ‘elved r; that 1 September 11, 1873. Tom the best information gained the pric HE GETS THE MONEY. Commissi y to the correctness of the extension J.P. FLA duly sworn, deposes and says that he is the claimat naied in the aunexed bill against tae Mayor, York fur supplies, as per 144, amounting to $3.47 94, and that the prices of the goods ana articles therein charged are reasonable and proper and not more than their cash yulue ip open marker at the date of their sale; that, of his own knowledge, the articles were purchased tor the Departwnent of Chariues and Correction in and tor the York, and that no payment or assignment has becn made of said claim or any part thereot. Alaermen lerman and Commonaity of the City of | New York tw Louis sternbach & Co. 83817 4 We certifythat we have examined the bills of Louis annexed, 3, , and that they are correct and ust; that the arucles named tn the said bills have been in good condition and for the necessary and exclusive use of the Department of Chariues an that the prices charged therein are reasonable he amountof said bilis do not exceed Cor- pended balance of the appropriation made by | the said department theretor. LAIMBEER, DEPARTAENT OF FINANCE, AupttixG Buxkkav, Oct. 2, ertify that the capital and interest account of Louis ach Wag exaiiued, audited, allowed a' he sum of $3,507 94. My r uuercot are that the supplies were necessary, hed on proper authority, and that the |p asonable and just. ABRAHAM L. BE Taz. 4 ud settied ons for the allowance were tur: rices are ARLE, Auditor of Accounts. New Yore, 0: Received of And 95517 A. w Hl. Green, the Comptroliers war ui) of $3,347 M, 1 full payment of the LOUIS S1ERNBACH. Q. Will you kindly tell us what made Mr. Green with th lstiliery ml, broken by the Tument, ostensibly ish oll? A. Noth, | DAY these bilis, i you know? A. Well, 1 don’t duw specific at all. kKnoW What mace him pay them, except that they Q. Does this me concerning him geug- Wee presented, and toe Commisstoner’s afidavit apything ory ? I know of &ccompanicd theni, and they were put in proper ng except ne ago some | form. 4 thing Was said about ¢ voutract, and he said Did Mr. Sternbach ever go to Mr. Green and he could bay so: than the contract 48k him to pay them? A. He several times came price; he suid that bi ness. «. What did Mr. A. He said it was | chase ail the great va Guired for the departn: there ought to be three or opposed to It. q. You have had lon years. Alter | opposed Jessed an intimate kn ap busi- ay when you protested ? 2 jor one man to pur- goods that were re- experience? A. Y hat proposition ne pro age of ury goods, wuich Thave no doubt he pos ; that he was in the ary goods and in view of all that and his Intimate acquainiance with that Class of merchan- ise, Mr. Laimt as indnced to aseign to him this whole subje I think that bis confidenc Probably, was mispiac bis man's sop-1n-]ay Q@ And you th yetem now sion womewhat chang red? A. I Nave donot that itis the wise torel , eight fit to a sal t Course A. tion changed ¢ given to you ? Was given to me, winter wear and tear of ordwary the winter, I suppose Commissioners ¢ to the Auditor, Q. So that the bills were hung up some time? rhey were hung up for some tine, «. In some Way after that you found your post- A. Yes. Q. You pronounce these bilis tobe exorbitant * A. ido. y. Will you state to the jury if that is the sample A. That is one of the samples that (. That is the sample of the goods sold? sir. A, Yes, «. How long did these goods wear ordinarily in weather, taking lute ¢ Q. Not more? A. 3 q. Is this the pic A. No, sir. Q. Where did you get wried officer. piece trom Mr, Louis Sternbach. . I» there any law on the audject of purchase q. This isthe piece you say is better » No, sir. otuer? A. Much better than she actual sa ‘Tbere is no byla practice to have @ purch committed the tras of plies, as broker, since | ment, and never vo lust Bhouid Q Was Mr, Lampson remo A. Not to my knowledge ; discharge his duties very 1» dence of that was that the Compt his experts, never made any vompiats contrary, | believe, he commended ni Q. Was he removed or did he resign’ A, removed in January. «. On whose motion? A. f think he was removed on Mr. Laimbeer's mowion. q. How loug @ purchases made by Mr Brernbach? A. ' w Board was formed in ‘May; | Cuink purcuases of ary goods were adopted 4p dune or J q Last June sir, and continued the Ist of January ; rst requisitions that ¢ Wn after the frst of Janoary Mr. Laimbeer had, as Qsual, referred bbe dry goods to Mr. Stern and handed them over to me for my approval; | said “Nr, Laimbeer, you know that | cannot approve of Miesy aud vou SHOW Wy reasyo,” abd the water Jon that sub the unilorm , to whomn we % all the sup en in the depart: \erk where he hrough ; om the was untt Correction’ change? A. fhe into consideration A. About halt the se you got at the office of the {hat piece? A. I got that than the mple. Q. What do you consider the real value of the goods soid tO the Department of Charities and A. Thirty-five cents. q. And they were charged jorty-five cents? A, 1 goods. ssor? they are three-quar’ q. Who was your su whether I have a successor. A. I don’t know Q Was your salary reduced or increased by the » Was no Change in until our months afterwards, Q. Weil, then? A. 1 was reduced $300. ne sulary September §—Louis Sternbach paid by check. "sold therm at thirty~ most of them. | podka will bear me out in this thing, | Froin stenographer's fees, 5 Q. Do you consider yoursell a jadge of these | goods’ A. No, air, » Were vou ever in the trade before? A. In woollen goods and cotton. y. Were you in the dry goods trade? A. Yes, 4. What bas become of the sample you got at the offices of tue Commissioners ’ gave ib into the ofic i could pot fad It afterwards. q Howao you fx it at thirty-five centa? A. when I went t see the price 18a tairty- price jallen? A, Q When did you make the entry? A, were in if Adyvust, and it was oi done weal Jor the Loudays, Ww similar ve cents. Tis was ‘The bila veiore 1 TESTIMONY OF WILLIAM P. LAMPSON. Wiliam P, Lampson, being duly sworn, testifies as foliows:— Q You were the purchasing agent for the De- partment of Charities and Correction? A. Yes. Q When were you appointed and when did you leave the department’ A, On the Ist of January, 1873, and | left the 5th of January, 1874. Q. Have you a hst of the articles purchased from Mr. Sternbach, and, usuaily. the prices the articles could bring U bought Irom reputable houses? State what you Know as to the prices, A. There is one | article—9,000 yards of Meiton cloth—which he charged to the department at forty-five vents a | yard, for which, I believe, be only paid thirty-five | Cents a yard; the party from whom he received the goods has only paid thirty-five centa, Q. Have you seen the party? <A. 1 have seen the party myseli; his name is tcher, @ clerk to the orm of McIntosh, Green & Co, Q. He made the sale and the seller confirmed it ? A. Yes; the various articles of thread he charged the department eighty-five cents a dozen; only asked eighty-two cents a dozen by the single dozen; these goods were bought by Mr. Sternbach, | | and he bad the buls in bis OWD name as a commis- sion merchant, Q. He had been long in the business as a com- mission merchant? A. do not know what his business had been; I know he has been buying goods ior the Catiornia trade. Q. Were you allowed to buy dry goods as well a3 in? A, Not alter the everything else on requisit the reform seemed to be rather re‘orm, he 1 su odd? A. Well, it did. Q. What was the cause of your leaving the de- | partment? A, Lhey gave us no reason, sir. Q. You were dismissed? A. Yes, sir, on the 3d would not be required. | Q. Alter having served one year? A. Yes. sir, | Q You had no revious notification? A. No, str. | Q. Neither of the commissioners let you know | | be‘ore nand that your services were not wanted? | A. No. Q. Did Mr. Bowen wish to retain you? A. Isup- pose ne voted “No” on the question whether I should be discharged; the purehasing clerks buy wherever they can buy best; there were a great | man; small items we were obilged to buy on com- mission. Q. Do you think he gets a commussion from the department? A, His business, I understand, 1s to buy goods for a Calijornia house and to re- ceive a commission for buying those goods, Q. Do you Know whether the department ever paid him a commission? A, No, sir, I don’t sup- pore the department ever paid him a commission ; je got the goods atten cents a yard cheaper and transferre the goods from his own name, the department, . Whereas the department conld have bought them for thirty-five cents the same day. A. Yes. | Q Is Mr. Sternbach any relation to Mr. Meyer Stern?’ A, I understood he was a son-in-law or his son-in-law’s brother; he 1s @ relation. Q. Was there any objection made to your pur- | chasing?’ A, They generally Made an objection to my Lot purchasing. q. And that the prices were too high? A. No, sir. Q. Did you always in the written invoice write over it “Commissioners?” A, The Invoice was sent with the goods to the storekeeper at Black- weil’s Island. | Q. Are youa judge of the qualities of cloth? A, Weil, | presume there are @ good many better judges; 1 would bring samples to the office and let the Commissioners examine them themselves; 1 Would not take the responsibuity without having consulted with the Commissioners; that was all changed by “reform.” TESTIMONY OF C. H. WHEELER. C. H. Wheeler sworn, testified as Joliows: Q. Won't you teil the Grand Jury when you made Mr. Sternbachn’s acquaintance, and now? A. It was in the early part of Angust, 1373; he came into the store to look after certain siyles of goods; I cut him samples; after retaining them three or four days he came back; we made a trade for 9,000 yards of Melton goods, Q. At what price? A. ‘The goods were sold to Louis Sternbach, cash, thirty days ‘Oxtord salts, 4.36934, at 35 cents. Less 5% per cent... August 8,—Seven pleces Oxford CONIB se reee s+ Bess 5}y per cent. 7 pieces $1,029 42 76 47 4,334, at 35 $1,516 99 oes 1,452 95 Its, August 11.—Ten pieces Oxford salts, 397 at 3 cents... * ~ Si0t 04 Less 6 per cent. 5 In these transactions was allowed 2 per cent | ona settlement, on agreement made at te time of purchase., «$2,982 98 Q. Did he ask you for any farther discounts? A. Yes, sir; in the course of trade; | finally agreed to | allow him on settiement an extra per centage of two per cent, but it was as much as the price of the goods; we virtually sold the goods seven oif at thirty days; my usual terms were five of at. ae days. Q, It was the market price of the goods? A. Yes, sir. Q. Yon made him seven per cent off at thirty- five cents? A. Yes, sir. Q. What was the market price of the goods aboat the 20th of August or the 30th of Septem- ber? A. The market was a little active, and to = individuals we sold them at two anda half | off. Q. When you delivered the rth they were delivered to Mr. Sterubach? A, Yes, sir, in Church street. Q. Did you ever hear of him before as a commis- sion merchant? A. I never did; when he pur- chased the goods he came to my store; be gave me references the same us anybody would do, Q. Did you understand in any way, or had you any reason to believe that the goods were for the | Commissioners of Charities and Correction, or for | the city? A. I had notin the least; I do not know | but | might have asked him, bnt I do not recollect the answer he made; [ understood from him that they were going to California. | Q. What is your firm? A, McIntosh, Green & Co, | Mr. Sternbach ever ask you to invoice | them aifferently than in his individual name? | A. No, sir. Q. Aiter the 1st of September did the value of | such goods increase or decrease, before or durin; the panic, as a salable value ? ‘A. We never sol them less than thirty-five cents a yard. We had even and a null cents, Q. Are you exclusive agent for these goods in the city? A. Yes, sir. Q. You would have sold them to anybody at the same je A. Yes, sir, on the same day. Q. Would you recognize a sample of the goods, & cloth simiar to it? A. 1 have asample in my pocket (producing it); they are Oxtord goods, What price do jobbers seli these goods for? A. They sell these goods on advance for two and a half to five cents on the yard, Q. For a lot as jarge as this they would not charge over two and a halfcents? No, sir. TESTIMONY OF THE STOREKEEPER, Jobn E, Flaghier sworn, testified :— Q. You are storekeeper at Blackwell’s Island? A. Yes, sir, and I have charge of the supplies fur- | nisted for that island; | am general storekeeper 1 the Department of Charities and Correction. Q. Would it come in your way to examine the dry goods that have been received? A. Yes, sir; «. You recollect the invoice of Melton cloth, amounting to about $900 or thereabouts, in Au- gust? A. Yes, sir; approximating to that amount. Q They were bought by Mr. Louis SternoacayY A. Not that lam aware ol. Q. How did they wear? A. Moderately well, Q. Pretty poorly? A. Well, moderately well, not equal to good standard woolen goods; but, in some instances, they answered very well. | Q. Will you (ell me what stucks and supplies you | constantly kept on hand; for instance, did you always have enough soap for two weeks on hand? A. It is the practice in the department to keep enough for two Weeks or two moutns. Q. Did you ever not have enough cloth for one day? A. Not without a substitute, Q. Had you always had plenty of sugar on hand? A. When I have not Ihave molas: Q. Was there not a compiaint jrom the Charity Hospital, 0 called, that there was not sugar there? A. I think there was, Why was not sugar jurnished them? A. A requisition Was made jor the supposed se to last from two to four months; tne Board of Gom- missioners had it under advisement—were in con- templation Of advertising; meantime the depart- ment ran pretty mach down tn the supplies of that oue thing. q. They ran entirely out, and the hospital was | without that article for several weeks, if not for a month’ A. Not so much as that; I think the time they were really out would cover the space of twenty-lour hours. . Are you quite sure of that’ A, J think the Q. How long were you out ol soap in Bellevue hospital? A. 1 Was not aware that soap was out at avy one time until J saw it in the pabiie prints. q You have seen the report of the Medical Board ¢ A, No, Sir. CITY TREASURY, Comptrolier Green reports the following dis- Dursements and receipts of the Treasury yester- day DISRURSEMENTS. of Warrants. Amount. 4 Claims paid Payrolis paid. Totals...... ooo RECEIPTS, From arrears of taxes and interest From collection of assessmen|s and From wat . “ From market reo From Warden of City Prison, tines receiv From Clerk of superior Oourt, trom tees, From licenses, Mayor's Office’... 531 From tees and fines, Fifth District Court 7 ——— | ‘Tota’ $42,520 | The Com during the past wees, iavorers on at pipe yard, on repairs to docks, up to tne ist inst. ; tot . The payrolls of the Dock Department were not received until the evening of Friday, oth inst. Fails, paid, ‘big pipes,” sks and on REMORSE OF A SAVAGI, SAN FRANCISCO, June 6, 1874. | from Prescott, Arizona, says the | | | A despate Apache Owe Cochise 1s very til and is not expected to recover. He imagines that the spirits of the | white mep murdered by him are tearne bis Mesh, > day of December I was tnformed that my services | ha 2 | the cily nal of the expense of this so-called | from a public one. THE MAYOR AND THE HARLEM RAILROAD, Mr. Simon fterno’s Opinion as to the City’s Liability for the Fourth Ave- nue Improvement. The following correspondence between Mayor Havemeyer and Mr, Simon Sterne has been for- | warded for publication :— isnimicne tag ed Fad { inw Yo ems, ‘ume at had doubts e My Daz Str—I have for Dp whether the bill reqmring ty. to pay one-half the | expense of the Hariem fourth avenuo tannel ts constitutional, because not occur to me to be a reasonable exercise 1 the city t site rcption of ips funds. 19 6 pel the city to approp! portion o ni rivate corporation, the peculgary benefte of whic Wore to inuze to the latter, and it which the eity had no share. T wish you would examine this taw critically in refer. ence to ‘constitutionality, as it involves about $4,000,000 of the city moneys, and give me your opinion in writing as early as practicable of the conclusions to which you wnay arrive. Yours seulys , F, HAVEMEYER, To Simon Stexre, Esq. 69, 61 Wate Staxer (Brown " Building). } New York, June 1, 1874 Dear Sia—In compliance with your wishes I have sub- mitted chapter 702 of the Laws of 1872, entitled “An act tape ti (UN tay eebanian ptt St the city of New Yor io an exal - stitutionulity ot its provisions. This examination has resulted in the following opinio Tn 1878 the New York and Harlem Railroad d and still hi pascagion fon tor its Dp ofa copes: and station for its passenger trains at Forty-second street and Fourth av hue. ‘This station covers the intervening streets ap to Forty-fiith sireet, and at that point the passenger trains ‘of that corporation and of two others—the Hudson Cen- tral and the New. Haven companivs—emerg: at frequent intervals, and ran with steam aa the motlv ower, at great rapidity upon the level of the atree! rough # closely populated district of our city, crossit ata grade between eignty and ninety strects betore they reach the Harlem Biver, making the crossing of them 1 dangerous in the extreme at ull times, and attended, as experience has proved, with fatal results in man: cases, An agitation was commenced to compel the rail- road company to run either above or below level of the stree's, and the act in question was passed with the view, among other things, to accomplish that end. It was clearly within the power of the Legislature, in fur- therance of the interest of the public and in discharge ot its duty to protect the safety of persons and of prop- erty, to compel the railway} open Dy, either to discon- tinwe the use of a public thoroughfare altogether, when its use in the manner theretofore adopted by the corporation hat! become a nuisance, or to regulate its use in such manner as to conform with the pub- lic interest and wellare. And the exercise of that ower carried with it no coloradle right on the part of he railway corporation for compensation for necessary expenses which coniormity to such a law would impose upon it. Indeed, U believe it would have been within the province of the manicipailty itself to abate or regu- late what had become a@ crying evil and nuisance and proveet its citizens trom dangers tole and lib. Be hat as it may, however, it was certainly within the province of the Legislature to do this and without com- nation. Peection i of chapter 702 provides for the regulating of the grade of the raliway, the building of viaduets, foot and road bridges, the construction of # tunnel or tannels and the manner in which y are to be built and con- seaceas pee the location thereot from Forty-fifth w street Section 2 provides that during the progress of the i wed to 1ay additional and also embodies this'question, becomes an what, in the consideration of important element, an authority “to lay down perma- pany two additional tracks on said avenue,and to make fy such landings and excavations in said avenue as may required tor such additional tracks with landings tor entrance and delivery of passengers outside of the exca- vations and viaducts” ‘This, | understand, the railway {3 now doing, and the oosi of the so-culled’ improvement is considerably en- hanced, perhaps doubled, by the carrying out of this additional franchise thus granted to tis corporation, and the building of such railway. Section 3 authorizes a chalge of grade of streets when necessary and is unimportant to this inquiry. Section 4 regulates the width of sidewalks, Section 5 relates to the altering aud | removing of Croton water pipes, sewers and gas pipes, if suc should become necessary by renson of the 'excava- ons. Section 6 creates @ Doard of engineers, names them, rovides that they shall make plans and specifivation: tie ‘a copy with’ the Comptroller and take an oath of office. Section 7 provides that when the plans, specifications | and estimates shall be made and filed as aforesaid, the expense and cost of sueh improvement shall be borne | wna paid by the New York and Harlem Railroad Com- pany, and the Muyor, Aldermen and 0 city of New tion of the said improvement progresses. The same se tion then proceeds to specity in detaii the manner in Whlen the haif to be paid, by the city ts to be paid, and that “the city warrant is to be drawn in favor of the treasurer of said railroad company.” ‘this section, clearly and unequivocally, if Jt is in the power of the zistature to do such an act, 1mposes upon the city the charge or oue-halt the cost of thhs railway enterprise, Section 8 provides for the laying of a tax of one-foarth of the whole estimated expense and cost npon the real and personal property subject to taxation in the city and couuty o! New York inthe year 1872, and the other fourth in like manner in the year 1873. The same section further proceeds to authorize the Comptroller to issue revenue monaity ot the bonds 1 anticipation of the tax, and to pay out the pro- | ceeds to this railway corporation. section 9 inhibits the Mayor, Aldermen and Common- Y irom interfering with the se of the said Fourth av nu, above Forty-second street, by such rallway corpor: tion, and contains a legisiauve transfer to the railwas corporation of all the property and value created by this joint expense, as follows:—"said tunnel and railways Shall be exclusively for the uses and purposes ot sald railway company, and it shall not be lawtul for any per- son or persons, otiier than « public oflicer in the exec. tion of his duty as such, with his agents and assistan’ to enter oF pass upon or throuzh the same, or any por: tion thereof, on foot or any other way than in the proper Gars of this Corporation provided for that purpose, with. out the consent of said corporation, under penalcy of $50 for enel olletiee, to be recovered by tis corporation.” Section 10 provides that the Board of ingineers shall begin operations with reasonable expedition, and an- thorizes the use of steain over the line of the avenue north of Forty-second street, Section 11 reserves to the Legislature the right toalter, amend or repeal the act. ‘The measure seems to be a carefully arawn one, with a clear perception of the difficulty intended to be removed, | and plain provisions to accomplish thatend. It avates the improper and dangerous use of one uf the public thoroughtares of the city ot New York by private rau- way corporations; and, in so far as it accomplishes that end, it 18 to be upheld on grounds of public policy, an. is Rope of legislative power. And asit isa principle of our jurispradence that an act, the constitutional provisions of Which can be separated from the unconstitutional provisions, will be upheld in 40 far as it is unobnoxious, I believe it ‘to be in its main scope and object a constitutional measure. But] am arly ot opinion that all the provisions charging upo improv neni, putin reality abating of a nuisance and bullding of a private enterprise and levying of & tax upon the property. o: the citizens of New York tor such purpose to e palpably and grossly in violation of the constitution of the State of New York. These elements of the act are to be examined in the light of the following provistons of our organic law, citing them inversely in the order of their weight upon my judgments— cction I4, article 7.—On the final passage in elther house of the Legislature of every act which imposes, continues or revives a tax or creates debt or charge, oF makes, coutinues or revives any <ppropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the ques- tion shall be taken by yeas and nays, which shall be duly entered on the Journals, and three-fifths of all the meni- bers elected to’ either house shuil in all such cases be necessary to constitute & quorum therein. Section 13, article 7—Every law which imposes, con- tinues or revives a tax shall distinctly state the tax and the object to Which it is to be applied, and it shall not be sufficient to refer to any other law w fix such tax or object. as Section 16, article 3.—No private or local bill which | may be passed by the Legislature shall embrace more than-one subject, and that sal be expressed in the e. thirds of the slature shall public moneys article 1.—The assent of tw: ih section of the seveuth article was, ag appears by the author: edition ot the laws, complied With so far as the quorum. is conce 1d Lam dis- posed to assume that the yeas and nuys were taken and red pursuant to the constitution f a three -fitths bill indicates, at au it did exer: inplied, as n this point. sovereign power of taxation with the constitutional provi this we may’ dismiss cn tution froui consideraaor Section 13 of the same article came under review in the recent case of The People ex re|. Hopkins vs. Supervisors | of Kings County (7 sickles, 966) ; and Justice Allen, in in- ning of this section, says as follows: n prescribing the requisite of a law tf a tax is in harmony wich th provisions de- Its terms are pe rom a iteral compliance with them, and to room. tor evasion by any lax interpretation. It declares that ‘every law which imposes, continues or revives a tax ghail distinctly state the tax and the object to which it is to be applied, and it shall not be suMcient to refer to any other law to fix such tax or object.’ The law im- poses a tax of three and a half milfs per dollar, or so much thervor as maybe necessary to provide for the payment, tc, This is not a specific and distinct state- ment of the tax to be levied. It is simply a statement of the maximum tax tobe levied, leaving It to the diseretion Of the admimstrative officers of the State to levy such tax as they shall “nd necessary up to the imitnamed, ‘The Legislature cannot, under the constivation, thus delegace the power of taxation, They must determine the Amount necessary and adequate and declare the amount to be levied aisolutely. If this form of enactment is al- lowable a iaw authorizing a tax of tify per centof the assessed value of the taxable property of the state, or so much thereof as might be necessary, would be valid, and the whole legisiative taxing power delegated to the other departinents of the State government. The law is invalid as uot stating the tax imposed.” Every word of tis criticism is applicable to chapter 702, Laws of 1372 The amountot the tax on the citizens of New York is “by that act inade dependent upon the estimate ot the Board of Kngineers, not upon the Lexis jature. We now com posin, signed for the protection of the taxpay recise and unambiguous, leavins no way of e ow tie provisions as to title, that ‘no I bili shail cmbrace more ‘one suv. al title.” In some of tis aspects this as a private bill, The featares gran'y i Railroad the right to build additional permanent tracks 15, practicaily, an amendment to a private charter, and the transter of the tunnel to such railroad also distinguishes this measure Bat from ali doubt to the question Whe:her the constitu applies by the fact that it is undoubtedly @ local act, and 45 stich Js Subject to this provision. Firsi—Is the object expressed in the title ? Phe frame Of the constitution meant to reach and effect substantial tiings and cure real evils in each ove of the provisions of the instrument, and this section relating to title was frained to reach the special evil of sinuggling through measures under false pretences, Therefore st constantly occurred that so-called ‘riders’ to general laws effected important private and local objects, and vice versa. | Pi- racioal iegisiative crafts sailing under tal lors. The title to a Dill is the fag by which it is to known, and ots characters should be so clear that any lay person or Jegisiator reading it would understand fo What subject ject, and that s Ht relaics and what is inteuded to be _ ac: complished by it This act iw enttlea “An act to iinprove and regulate the use of Fourth avenue in the city of sew York." Now, 10 so tar as this act Is Aconsti(uional exercise of the legislative power, its object ts properly expressed in the title, It states the nuisance of the use to which the Fourth avenue had been thereto ore put, and provides for the building of # tunnel through aud a viaduct over it, and therefore may be suid botn fo “improve and to regulate the use of the Fourth avenue in the city of New York.” But is the fact Expressed in the title that there is involved in the bill the levy of a tax of alinost $440.00 Upon the citizens of | New York aud a transter of all the value created by wh money thus raised and to be expended vo & private cor poration “for the exclusive use and purposes of such cor adon?” Would any one suspect that Ib the bowels of a entitled as tis one, 1s coutained the granting of & be | the York, in equal proportion, as the construc- | But the fact that it | tirst cited provision of the consti- | Honal provision | valuable franchise to a private corporatfon such as is Coutnined in the second section, and half ot the expense of the puning of such new railway line 1s to be borne Ry the citizens of New York, without Bernas, in ti profits thereot ? Any legislator, on looking over the files Dills, cor ‘Scross this one, would naturally, un- leas he was put on by extraneous knowledge, suppose it to be a bill to authorize the grading, gutte: and paving of public street tor the pubbe benef, ani nothing more. The Hlagitious and extraordinary exercise of power thereby attempted he would not and could not suspect from its tie, and as the constitution inteaded that he shall not thus be deceived, this bill is clearly ob- noxious on that ground alone. If this bill is properly entitled the Legislature can charter a private corporation to build a railroad and equip it from Montauk Point to the St. WEEDON and authorize the Jevy of @ tax upon the people of the state, to be paid in “warrants to the order of the treasurer of such railway,” to bay the expense thereo!, under the title of “An actto improve and regulate the use of cei | tain strips of land betw n the Long Isiand Sound and ¢ 8t. Lawrence River.” It is clear, therefore, that the | subject of this bill is not expressed in its title. nd—Does it contain more than one subject? It con- tains three distinct subjects. Except io benediing the railroad corporation they have 00 necessary relation with each other, Babject No. | ts the one expressed in the title. Subject No. 4 the ane of @ trauchise of great value to the ety tailroad. Subject No, ie raising and levying of a tax and the expenditure of the money thus i raised. ‘There can, therefore, be no doubt bat that the sixteenth section of the third article of the constitution has teen flagrantly violated by. the act under examination. A still nore fatal of Nectar to the act in question is its violation of the ninth s:ction of the first article of the constitution, “The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every Dill appropriating public moneys or property for jocal or private purposes."” ‘was not passed by a two- ls vote, and it is incumbent upon examine whether the act in question is of publie moneys for local or private purposes on for a local purpose istoo plain to require more than its statement. The second i ninth sections make it equally plain that the money thus to be raised is for a private parpose. thew a be ig this Bn ere no room for do ere is first a charge upon the city New York to bear half the ex nse of & local im- provement (if you please so to call it), then the exercise ot the sovereign power of on to raise money to pay for it, and then an appropriation of the money thus raised by directing the Comptroller to tasue his warrants | to the order of the treasurer of the railway company, and Ried BARONE to the railway company of values crea! Is the money to be raised by taxation from the citizens of New York and to be thus dedicated to the Harlem Ka road “public money’? in the sense in which these words are used in the constitution? Public money is money which flows to the State as revenue from its public works, or which is raised by the exercise of the sovercien power Of the State by taxation troi the property of its citizens or a portion thereo!. There is no taxing power | anywhere except in the Legislature, and all local ma- | nicipal bodies derive their ‘power to tax trom legislative | authority and legislative authorliy only. Taxation is | the supreme power which is the badge of sovereignty, amd there are cases in our own court of last resort which have, held that the Legislature can direct moneys which are raised by taxation in one locality to be expended ior the benefit of a locality in another part of the State. It is not the mere formality that the Comptroller of the city instead of the State troller has been selected to disburse this money, which creates the distinction between public and private money, nor that {t was in the city instead of the State treasury on which the draft was drawn. In the recent case of the United Stats vs Railroad Company, 17 Wallace 322, the United States Supreme Court heid that ‘A municipal corporation is a representative, not only of the State, but is a portion of its governmental power. tts one of its creatives, made for, & specitie purpose, to exercise within a limited sphere the powers of the State. The state may withdraw these local powers of govern- ment at pleasure, and may, through the Legislature or other appointed channels. koyern the local terrnory as it governs the State ai ‘he framers of this section of our State constitution, which is already to be found tn the earlier constitution of 1821, as part of section 9. article 7, meant substantial things and not mere formsin framing it, and did not and could not intend to have it evaded by the transparent subterfuge that all the Legislature need do to dispose of the public funds of the State by a mere majority vote tor any purpoge they list is to appropriate them belore they | redch the State ireasury. Ir no citizen nor resident of | one of our States can, by any device, trick or artifice, | | & circumvent the intent of the'law, the Legislature is equally inhibited by a device or trick to circumvent the in of its higher the money ra ot New York: | cannot be doubted; and could nov have meant, by this large and compre- | hensive designation, the actual money in the State Treasury only is proved by that instrament itself. Sec- tion 5 of article 7 of the constitution suys:—"No moneys | shall ever be paid out of the Stace Treasury of this State, or any of its funds, or any of the funds tnder its man- agement except in pursuance of au appropriation by | law.” This shows that when the framers ol the consti- | tution meant the treasury of the State they anid 40. Should any advocate of this bill saguest that the money | raised and to be raised by taxation under this act in the city of New York is not public money then. ivis private money. There is no middle ground. If it is private money then the Legislature, had no control nor dis- Position whatever over it, ‘here are numerous pro- | visions of the ccnsitution which protect the private | property of the inhabitants of New York (rom wanton seizure und transfer. Then this act is spoliation, pure and simple, and in direct violation of the constitutional | injunction that no persou shall “oe deprived of lite, lib- | erty or property without due process of law; nor ‘shall private property be taken for puolic use without just compensation.” (Section 6, article L) And “when pri- vate property shall be taken for any public use, the com- ensation to be made therefor, when the compensation js not mage by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.” (5 | Zurticle 1.) 86, upon either horn of this dilemm act, or so much thereot as 1 believe to be obno: transfixed. i | _ The last section has not received any authoritative in- | terpretation by our court of jasi resort. except in People ys. allen, 42 N. ¥., 378, since its adoption by the Conven- tion of 1846, although anterior to that year that part of it which reiated to the application of the two-thiras vote to the creating, altering or rencwing any body politic, was frequently before the courts. Ignorant report and constitutional index makers have spoken of this section | us referring to appropriations from the State Treasury ; t there {8 Warrant neitner in {ts context nor by the application of any rational canon of interpretation nor, in the position of honor this section holds as part of | what was originally the Dill of rights, to adi nerrow and forced a construction. | There are numerous decisions in this and our sister | States which sapport the views herein expressed. but | they would scarcely be properly in place in this option, Still, Teannot retrain from referring you to the case of | People vs, Batchelor @ Sickles, 128), where it was held | thatthe Legislature could not, on ‘general principles, | compel a municipality to subscribe to the stock of a rail: | roud company. How much less can it, asin this case, | compel it to give Its money away? For the reasons I haveunentioned, Iam persuaded that | You would not be justified in sguliig any warrant upon the city treasury for the carrying out of the purposes of chapter 702 of the Laws ot 1874. Respectfully, j SIMON STERNE, To Hon, Wmutae F. Havemxyver, Mayor of the city of New York. law, the constitution. That by lsxation from the citizens thelr property is public money— that the constitution did not of so NEW YORK CITY. The police made 1,891 arrests during the past week, | There were 489 deaths, 615 births, 230 marriages | @nd 44 stiil births in the city last week, Rev. Eugene Sneehy wilt deliver a lecture at | Ferrero’s Assembly Kooms, Tammany Building, this evening. During the months of July, August and Septem- tember the reading room attached to the Mercan- | tile Library will be closed on Sundays, Luke Coleman, a fireman attached to No. 4 Mook and Ladder Company, fell from the second story | window to the sidewalk yesterday and was se- riously injured, John Knapp, driver of Fire Engine No. 9, was thrown from his seat yesterday to the pavement and badly injured, The engine Was On its way to a fire at the time. The payment of pensions for the past three days | by Mr. Dutcher numbers 2,500 vouchers, and snow the disbursement of $50,000, About 5,200 1emain to be paid’this week. The Reform Association has opened a home for respectable aged women at the northeast corner of Thirty-third street and Lexington avenue. Pro! | estants of all denominations are admitted. | Comptroller Green states that e Board ¢ Ap- | portionment will doubtless make the usual appro- priation for the celebration of the Fourth of July, under the auspices of the Departiwent of Public | Parks. | A strawberry festival and fancy fair will be held | | at the New York Foundiing Asylum, on Sixty- | ninth street and Lexington avenue, on Tuesday, | Wednesday and Thursday next. This very valua- bie institution 1s greatly in need of tunds, and this will be a very pleasant way of contributing to the ] sustenance of a worthy charity. | The closing reception of the Cooper Union Literary Class was held last evening in the great hall of the Institute. Quite a large audience was present, among others on the platform being the venerable Peter Cooper, who was received on his appearance with applause, The exercises were | opened with an appropriate address by the Presi- ent o/ the class, Mr. James Fitzgerald, after which a recitation, "Go [t,"" was given by G. G. Ogden. TI followed aM oration on fhe Rights of Woi ; by Benno Loewy, B.; an oration on “Free- | dom,” by W. 3. Gray; a solo from the “Corsar by Miss J, Palmer; a reading, ‘Mona Water,’’ by Miss | Lettie Blume; oration on “Confectionery,” by David Legare; a solo, “The Milkmaid’s Marriage,” | by Mrs. H. Louise Franklin; another oration by. | Henry Grasse; a reading, ‘The Engineer’s story,” | by Protessor J, E. Frobisher; ‘tne Venzano Valse,”? Dying Speech,” by M. J, O’Connell. The pro- | gramine was exceliently gone through with, ail of those engaged being volunteers. Mr, Frobisher’s renderiug “The Engineer’s Story’ was very fine and was specially well received by the | auaience. ancecdleliaibiamamenst | _ There were 489 persons arrested by the police | during the past week. The Common Council wilt for the future meet at two o'clock on Mondays and adjourn at six, | Tax receipts during the week were $41,437 55. | The water tax received during the same period | was $64,148, The County Treasurer yesterday paid to the State Treasurer the balance of the tax levied on Kings county for the year i873, amounting to | $155,519, The Corover was notified yesterday to hold an that they all unite | | by Miss J. Paimer, aud a recitation of “Emmet’s | pase RS EE Se inqnest over the body of Ann Wass, twenty-five ears of age, who died suddenly at her residence, jo. 188 Hudson avenue, The Kings County Board of Assessors met yes- terday, and resolved that hereafter no minister of the Gospel who ts without ministerial charge shall be allowed any exemption irom taxation, ‘The Fair which has been in progress at Sawyer’s | Hall, corner of Jay and Fulton streets, for the past | two weeks, in aid of St. Andrew’s church, Sag | Harbor, L. L, will close to-morrow evening. | Miss | Tareate Hees will read selections trom favorite au Ellen Diamond, who was burned while kindling” afire at her home, No, 364 Hicks street, on Friday evening, died from the effects of her injuries at the Long Island College Hospital yesterday morn- ing. Deceased was sixty-nine years of age. The Coroner was notilled. Mr. William Hunter, brother of the Mayor, died at his family residence, on Pierrepont street, on Friday night. Deceased, who was at one time Alderman of the Fourth ward, and was one of the first directors of the Bridge Company, was gen- erally respected in Brooklyn. The Young Men's Catholic Library Association: ofthe Church of Our Lady of Mercy has recently opened @ nicely appointed private billiard and club room as a resort for its members, The so- ciety is oMicered as follows:—President, James F. Kenney; Vice President, John J. Fitzpatrick; Treasurer, Rey. James McElroy; Recording Secre- tary, James Begley; Corresponding Secretary, sone Wheelan; financial Secretary, Walter J. Ci 1G, > WESTCHESTER COUNTY. + Right Rev. Bishop Potter administered the cere- mony of confirmation to nine postulants at Christ church, Tarrytown, on Friday evening. There is general rejoicing among the retail liquor dealers over the alleged illegal appoint- ment of the new Board of Excise Commissioners for the county.: The act from which sprung the official existence of the Commissioners reads that they shail be appointed “on the second Tuesday of May next,’? while the act itself did not become a law until May 6 of the present year. Thus the anti-temperance fraternity hold that any proceed- ings of the Board must be null and void until May 2, 1875, Namerous and well grounded complaints are being made by the travelling public o! Morrisania and West Farms in regard to the excessively high rates of fare charged on the street cars of the Harlem Bridge and Fordham Railway Company. Now that the territory indicated has been an- nexed to the city, the suffering ones are looking forward for relief to the municipal authoritie who, they assert, have (or should have) the. righ’ oar regulate such fares within the corporation limits, The Mayor and Common Couneil of Yonkers are at present endeavoring to devise some scheme wherewith to break up a coalition formed some time since by the owners of itinerant goate, for the purpose of defeating a city ordinance relative to the impounding of those marauding animals. It appears that those who keep goats allow them to roam at will, and when the quadrupeds have beem | impounded for a certain time the owners allow them to be publicly sold, buying them in them seives for twenty-five cents, an understanding eX» isting between them that they are not to bid against each other. NEW JERSEY. There are seventy-three boys and forty-five | giris now inmates of the Hudson County Alms- | house at Spake Hill, af The body of John Denham, a Newark suicide, has | peen recovered, fished trom the Passaic River. | The funeral took place yesterday afternoon. A fire broke out in Mercer Hall building, Prince- ton, yesterday, involving a loss of $8,000. The | puilding was almost entirely destroyed. The foss is covered fully by insurance, A motion for the restoration of corporal punish- | Mentin the public scnools of Trenton was made | by Mr. Ellis at a late meeting of the Board of School Trustees of that city and was referred to the Committee on Discipline. ‘The examination in the case of Garretson, WhO | claims to have been elected Freeholder in the First district of Jersey City, took place yesterday | in the office of J. W. Romaine, ‘The testimony against the judges and clerk of election was most damaging. A well known resident of West Hoboken, named Albert Charlemagne, shot himself through the back of the head, Killing himself instantly, on Friday. He was a captain during the late war | and lost a leg in the Union service. He was insane: | for a long time prior to his death, Mayor Traphagen, of Jersey City, will make a tour of inspection of all the public scnools next | week, in order to ascertain the efficiency of the | system and the cost of maintaining it. He will | then visit the parochial and independent scioois, 80 that a comparison can be established, Yesterday Judge Depue, on application of the Morris and Essex Railroad Company, appointed Messrs. J. H. Halsey, of Newark; J. W. Ballentine, of Morristown, and James L. Ogden, of Hudson county, a8 commisstoners to condemn jand needed in the construction of the new tunnel through Bergen Hull. Articles of association were filed in the omice of | the Secretary of State yesterday for the constrac- | tion of a new freight railroad, fifty-seven miles in | length, extending phroueh Union, Somerset and | Hunterdon counties. The Cee is fixed at $1,0v0,000, of which Mr. J. M. Nash, of Brooklyn, | lakes $938,000, The Elizabeth avenue Methodist Episcopal | church ts grieving over between $400 and $500, the results of Sunday collections, which it is alleged | nave been carried of by one J.C. Francklyn, in | whom, after apparent conversion, the pastor and | others placed confidence. He held the funds, | They and he are missing. | In consequence of the aifficulty of reaching the public institutions of Hudson county ai Snake | Hill, and tne refusal of the Board of Freeholders to- | allow carriage bire, it 1s now proposed by the free- holders to establish a stage route between the Five Corners and Snake Hull, under the direction and management of the Board, | The relatives of Mr. Faris, who was so cruelly | and inhumanly thrown into a cell—where he died— | by police officers, in the Fourth precinct of Jersey | City, intend to bring the case before the Grand | ‘y, a8 the Police Commissioners adopted a , whitewashing report. This Was one of the greatest | outrages ever perpetrated in Jersey City. Yesterday was sentence day in the Mercer County Courts. A scoundrel, named Charles H. Meiferth, who had attempted to commit an outrage on a years, was sent to the Stare Prison | for five years. A youth oj seventeen, named John Kane, convicted of manslaughter in having stabbed and killed a boy companion, was seutenced | to two years, \The Newark City Fathers have resolved to do away with the oration business on the ‘Fourtn,’” | and to let all their patriotism ooze out In fireworks and a street parade, The cause for abolishing the oration is that speakers have used the occasion of | late years for partisan political purposes, This. was shamelully the case when General Thomas N. | Van Buren was the “orator.” | little girl of ven In Newark, on Friday evening, a policeman | named Miller acted in such a manner while quiet- | ing @ trifing excitement, that Mr. Bernard O'Connell, an old and respected citizen, declared openly he titought the officer drunk. The officer invited Mr, O'Connell to go und make a charge to that effect. Mr. O'Connell did so; but on reaching the station house was himseif, on complaint of the oficer, placed in duress on the charge of imterfer- ing, and compelied to give bail to escape being consigned toa celi for the night. The ovcurrence { has excited intense indignation im the weifth | ward, where Mr. O’onneli resides. Avery serious and extraordinary charge has been made in Newark against Mrs, Catherine | Ringer, of No. 283 Halsey street, It is said that she caused the death of a young girl named | Paulina Heiser by violently assaulting her while | She (Paulina) Was sick with the smalipox. The | examination took piace yesterday in the Police | Court. Mrs, Heiser, mother of Pauline, swore | that the assault was committed two weeks ago and | that the girl diea & week afterwards, Sie was jin the room with her daughter when Mrs. | Ringer burst in and struck the sick girl. | Witness was also assaaited, and cried out, | “Murder!” Dr, Max Kuebler, who attended t | sick girl, swore that he saw the patient the mol | Ing of the assault, just before it took place. was then rapidiy convaiescing, Next day after the beating sue was much worse, She grew worse | Until she died. The doctor granted a burial ce | cate setting forth that death was caused by small. | pox He admitted, though, that he believed hed | beattng had considerable to do with the death. | Mrs. Ringer was held for the action of the Grand | dary,