The New York Herald Newspaper, June 18, 1874, Page 4

4 THE RING SUITS. Judge Rapallo’s Dissenting Opinion on the Civil Cases. THE COUNTY CLAIMS ILLEGAL. Right of Reparation Vested Only in the State. The Board of Supervisors Merely State Agents. Ass continuation of the important legal discus- sions touching t@ right of the county of New York to enter civil suits against Messrs. Tweed, Inger. soll and others, we publish below the dissenting opinion of Judge Rapailo in the Court of Appeals. From this opinion it will be seen that Judge Rapailo believes the old Board of Supervisors to have been directly amenable to the State, wnich created the Board and defined its duties, and that the Attorney General of the State is the only official authorized to prosecute the contemplated civil suits for the recovery of moneys received and wisappropriated :— THE OPINION. ‘The main question in this case is whether, upon the facts stated in the complaint, admitting them to be true, the State is the proper party to maip- tain this action. By an act of the Legislature, on the 26th of April, 1870 (Laws chap. 382, sec. 4), it was enacted as follows “AN liabilimes against the county o! York previous to the passage of this act shall be audited by the Mayor of the city of New York, the Com} er of said city and the resent President of the Board of Supervisors, and amounts which are found to be due shall be provided for by the issue of revenue bonds of the county of New York, payable during the year i871, and the Board of Supervisors shall include in tne ordinance levying the taxes for the year 1871 an amount sufficient to pay said bonds and the inter- est thereon. Such claims shall be paid by the Comptroller to the party or parties entitled to re- ceive the same upon the certificate of the officers vamed herem.” THE COMPLAINT alleges in substance that tne auditors appointed ts act between May and September, 1870, cer- Fete claims purporting to be of the character de- New joed in the act im favor of the Qefendants Ingersoll, Garvey and others, to the amount of several miulions of dollars, upon which certificates revenue bonds of the county were issued in proper form by the Comptrolier as prescribed in the act, and money was thereon from bona side purchasers thereof, in order to pay the amounts so certified ; that this money was deposited in a bank to the credit of an account then kept by the Chamberlain of the city of New York as Treasurer of the county, and was afterwards obtained by the defendants, Ingersoll, Garvey andy Woodward, by means of Comptroller’s warrants drawn upon the bank ior the payment of the claims certified as aforesaid. That the defendant Tweed was, at the time of the aoe ofthe act of April 26, 1870, President of the wd of Supervisors of the county of New York, and, consequently, one of the persons by that act appointed auditors; that he assumed to @ct a5 such auditor, and that, in that capacity, he, as well as the ai rs named in the act, signed certificates of the audit and allow- noe of the alleged claims which served as the foundation for the issue of the revenue bonds That these claims were never in fact audited by ‘the Board appointed oy the act of April 26, 1870, but that the certificates of the audit thereof were | by the auditors separately and without in- tion, in pursuance of @ resolation adopted by them on the Sth of May, 1870, whereby the pomee'y Auditor (then one James Watson) was dl- to collect all bulls and Habilities against the county incurred prior to April 1870; and it ‘was resolved that the evidence the same should be the authorization of the same by the Board of Supervisors, or tts appropriate committees, ident. The complaint then proceeds to al- Jege that the accounts so pretended to have been audited were false, fictitious and fraudulent, and were —. by fraud and coilusion between the said Watson (then County Auditor) and the de- fendants Garvey, Ingersoll and Woodward, and zz. in such shape as to entitle tuem, by the ms of the resolution of the Board of Auditors, Gated May 5, 1870, and be‘ore mentioned, to be certified under the act of April 25, 1870, without iur- ‘ther investigation; that aiter they had been so cer tified Watson obtained the Comptroliec’s warrants for their payment, and that the sums paid on such ‘Warrants were “pursuant to a corrupt, frauduicat and unlawful combination and conspiracy to that end by and between the said William M. Tweed, James Watson, Andrew J. Garvey, James H. In- rsoll and Elbert A. Woodward, agreed be divided apd were divided between the said James H. ingersull, Andrew J. Garvey and William M. Tweed,” and other persons unknown, &c. The details of the transactions are ‘set ont in the complaint and schedules, and it suf- ficiently appears that these payments were made out of the fund raised-by the saie of revenue bonds igsued on the strength of the certificates of audit signed by the auditors appointed by tae act of April 26, 1870. TWEED’S DUTY DEFINED. These facta, which are admitted by the de- marrer, establish that the State, through its Legis- lature, provided a method of discharging a speci- fled class of tne liabilities of one of its counties, ‘That it appointed certain persons to carry out its enactments by auditing the liabilities, issuing bonds for the precise amount necessary to pay ued liabilities when ascertamed, and applying o such payment the proceeds of the bonds so issued. The State provided jor the payment of these vonds by requiring the Board of Super- visors of the county to raise by taxation the mount necessary to pay them. The auditing of the claims was intrusted to three persons, nut as county officers, out as special appointees of the Legisiatare to carry out the provisions of the act, be Rai the Mayor and the Comptroller of the city of New York and the then present President of the Board oi Supervisors of the county. His ers and @uties as auditor did not depend upon the continue ance of his office of President of tue Board of Supervisors. Instead of being personally named he was vescribed in the act as the then President ofthe Board. This was s mere designation of tne person intended. He continued auditor, notwith- standing the termination of his oftice of President of the Board of Supervisors, which, as is alleged im the complaint, occurred on the 4th of July, 1870. From the beginning he acted notin virtue of his county Office, but as the repository of a cial trust tly confided to him by the lature, and, together with the Mayor and the Comptroiler of the city, formed a commission ap- pointed by the State for the performance of a @pecial duty. This duty consisted in auditing and certifying the amount vi the lapilities of the county upto a certain date, and, consequently, am which should be levied upon erg ior the purpose of meeting those ‘The abilities were not to be paid ont pay Uabllities, of any fund, property or revenue of the county as such, bot ultunately by means of the tax which the Sapervisors of the county were by the act re- juired to levy for that special purpose in the following year, 1871. In order to obviate delay in the discharge of tbe liadiliies ia question a& means ‘Was provided jor discounting or anticipating the tax 80 autoorized by the issue of the bonds before referred to, and the amount necessary to pay those bonds was to be raised by the tax. THE CONTROLLING QUESTION arising upon this demurrer is whetuer for any frand, misconduct or breach of trust on the pari Of any Of the persous designated by the Legisla- ture ior the purpose of carrying into effect tie pro- visions of this act, which ‘jraud, misconduct or breach 0; trust has resulted in raising upon tem- porary bonds issued in the form authorized by the act a vastly larger sum than was uecessary for the discharge Of the liabilities provided tor by the act, and in transferring the surptus into tae pockets of the delinquent agent or appointee of the state and other persons confederating with him to that end, @n action Wille on behalf of the State against the delinquent and his confederates who have par- Ucipated in the corrupt transactions and their frnits. One material inquiry in determining this guestion is, upon whom will the loss occasioned by these transactions fall? There cau be but one @oswer to this question. ‘Tne bonds have been dis- dd of to bond jide holders. ‘They are directed law to be paid by means of a tax, to be levied ‘on the taxpayers of the county. The bondholders We the legal right to entorce the levy of this tax. re 16 ho property of the county as such out of which these bonds can be collected by legal pro- ceas, The moneys, therefore, wuich have been jentiy raised upon these bonds and appro- by the wrongdoers, will nave to be col- cater @utbority of we State out of the ers of the county, and the loss comsequentiy falls u them, It is clearly shown by the authorities cited in the iment that mo individual can have a standing | in vourt as a ‘er merely for the purpose of obtaining redress for such @ wrong; and tne rea- sons for this conclusion are too onvious to render discussion necessary. AMong other reasons, it is evident in the present case it wouid be impossible to ascertain the extent to which any mdividcual who was a taxpayer at the time of the wrong would be damn |, Or even that he would bea taxpayer when the time should arrive jor the \evy of the tax. Who, then, 18 the proper party to ap- pear as plaintt? and represent the Muctuating body of taxpayers, who, suoner or jater, must ve | compelled by autnority of the State vo pay the money wrongfully obtained by the defendants on the credit of the tax to be imposed? THE CLAIMS OP THE STATE. The people of the State, through their Attorney Geueral, appear before the Court, claiming the rig!t to intervene as plaintif, and to compet their own uufaithrul appointee and trustee, and those ho bave commined. consoired and shared with which the money in question was raised. | on certificate of the Clerk or the | NEW’ YORK HERALD, THURSDAY, JUNE 18, 1874.—-TRIPLE, SHEAHT. i dim, to replace the moneys, which, under Color of the authority conferred by the State, they have | thas wrongtully ebtained and applied to their own use, or to pay in the form of a: will sate ior the amount which by their of the tax | detective as to be wholl; | Such a case, The remed, % | to take out of the hands of the wi the fund which y, Obtained, or to com them to equivaient in the form of sya josition of the money which the defendan: Brora for adjudged to is not isting law, and it is there! destination. That the form for the wrong committed in obtaining it, such disposition shall ultim: the taxpayers, who will ultimately be subjected the absence of any te Sia provided by law for @ case so extraordinary undertake, whoever 1s plaintiff, to require that the custody, to await furtner legisiation. THE SUPERVISORS AGENTS OF THE STATR. proper to invoke such a remedy as this case Romande, the wrong complained of is the viola- | tlon by an agent or appointee of the State of a | trust and duty created by statute for a special | h which violation of duty he and | | the other defendants confederating with him have | sum of money on obligations | | which must be paid by taxation under authority | purpose, throt | obtained a large of the State. The damage resulting ts te the fluctuating body of taxpayers of one of the under the pro- | divisions of the State, who, visions of the constitution of the United States, cannot be liverated irom the burden to which the | acts of the defendants have subjected them, by | apy means short of the State itself assuming and | paying the bonds, the proceeds of which poe de- | Nn no | yf 1870, | other terms could any repeal of the act directing | | fendants have wrongfully appropriated. f the tax be sustained, The money | the gi | which defendants ought to replace will. by such sum as wrongful acts they have obtained at the expense | payers. It must be conceded that the | juestion presented 18 novel, but the law is 0% 80 | ly destitute of rem in in the first | have unia' Ly ay aD ie. dis- ts may | by any ex- pupossenle for the now to adjudicate what shall be its finat deiendants are not en- titled to retain ut, and that they are tiable in some cannot be questioned. That justice requires that ately be made of the money to be recovered as will relieve pro tanto to the payment of the obligations upon which the | Money was wrongfully raised, ts obvious. But in | @ court should not to do more than ails of the recovery be placed in the treasury of the State, or other sale Assuming the correctness of these propositions, | which will be turther substantiated in connection with the objections raised by the demurrant, it would seem sufficiently plain that the State ts a whosoever recovered, be subject to the control of | | the Legtsiature. Even if recovered by the State and paid into the general fund, legisiation will be ju | opject. Uniess it can be shown that under exist- ing gtatutes some particular officer or body is | vested with the exclusive power of bringing the action in such a case, the interest of the people ought to be deemed sufficient to | entitle them to intervene for that purpose, through their Attorney General, who is, by statute, not Only empowered, but required to prosecute all actions in the event of which the people are inter- ested. (1 R. 8. 179, Section 1.) It seems to be con- | ceded in all the discussions upon the subject before | and within the Court, that if the Attorney General | Dad been specially authorized by act of the Legts- | rature to bring this action, such authority would | be vaitd and sufficient to sustain the action. This proposition necessarily concedes the interest of | the State in the subject of the litigation. If a special authorization in the particular case would have been sufficient to require the Court to entertain the action of the Attorney General, on what principie can 1t refuse to do so in the face of | the general statute, which not only empowers, but requires him to prosecute all the event of which the people are interested? Ordinary reasoning would lead us to the conclu: sion that this general statute is sufficient author- ity ior his intervention in any such case, unless some special nis action inwhe particular case or granis the ex- clusive right to prosecute such action to some other officer or local body. No such statute has been pointed out, nor have I found any. THER RIGHTS OF CITIZENS. The cases in this State which deny the right of individuals to intervene simply on the ground that they are taxpayers, whose burdens will ve tn- creased by the wrong complained of, proceed upon the ground that the general rule ig that for wrongs | | against the pablic. whether actually com- ited or only apprehended, the remedy, | whether civil or criminal, is by the State | in its political character, or by some officer authorized by law to act in its behall, | and this is true whether the whole peupe of the State or only those of a particular locality are af- fected. Common nuisances, Rorprparares, usurpa- tions of public offices and the improper exercise by public officers of their functions are recognized a3 instances of the application of this principle. The inconveniences which would result Irom any other principle, among which is the multiplicity of | Suits which would . are pointed out in those cases, No private person or number of persons can assume to te the championsof the community, and m ita vehaif challenge the public officers to meet them in the courts Of justice to defend their oficial acts, Their remedy ts to invoke the action of the officer whom the law has appointed to in such cas (Doolittle vs. Supervisors of Broome county, 18 New York, 163; Roosevelt vs. Draper, 23 New York, 318.) the opinion of the Conrt, deciares that “an act of administration likely to produce taxation is not a Matter of private or individual concern. It 18 an aitair altogether public, and the only remedial Process against an abuse of administrative power tending to taxation which we can have, is fur- nished by the elective system, or preceeding in behalf of the State.” The grounds upon which the right of the State to prosecute the action 1s denied are that the money whch was taken by the deiendants belonged to the county of New York, That the Supervisors of every county are empowered by statute to bring actions to enforce liabilities to the county and to recover ee jor injuries done to the property or rights of the county, (2. R. S., 473), and that consequently the action should have been brought by the supervisors of the county of New York. No other party ts suggested as the proper plaintif. Assuming that the provisions thorizing Supervisors of counties to bring actions are applicable to the county of New York Mability incurred by the defendants was to the county, or that the money taken by them was the property of the county. The only cases in which the Supervisors of acounty are empowered by statute to sue are those before mentioned, to- gether with some others which are ioreign to the present Case, such a8 getions on contracts made with the Supervisors for penalties and jorjeitures, &c. (2 R.S., 473), and a county can neither sue nor be sued except by express power conferred by statute (Hunter va, Mercer Co., 10 Ohio St. R, 520; Hunsaker vs. Borden, 5 Cal. 290). SECONDARY INTERESTS OF THE COUNTY. It is worthy of remark, im passing to the con- sideration of this defence, that so far as appears upon the present record the right of the people to sue for and recover the money or damages in con- troversy is not challenged by the county of New York, and the question does not arise in conse- quence of any claim made by the county or on its behalf tothe money or damages sought to be re- covered. it is raised only by the alleged wrong- doers and as @ means of defeating the action brought against them by the State. To be effec: live jor that purpose it should appear not only that the desendants are liable to the county, but to that civil division of the State exclusively, aud that a recovery of the State itself and satisiaction thereof would not bar a subsequent recovery on bebalr of the county for the same acts, The main points urged on the argument on the Part of the demurrant in support of bis defence that the money which he took belonged to the county are these:— First—1hat the bonds upon which the money was borrowed were county bonds. That when & county borrows money pursuant to law upon its | own bonds, the proceeds belong to the county, on the sume princtple as shat upoa which money bor- rowed by 4 natural person, or vy @ corporation | authorized to borrow money, becomes the prop. erty of the borrower. Second—That the money so borrowed was actu- ally patd into ihe county treasury, and that its ab straction by means of the certificates alleged to be Sraudulent Was rom that treasury, and Third—That such deposit of tne borrowed money in the county treasury is alleged in the complaint to have been made in formal compliance with the statutes and usual modes of official proceeding in the city of New York, The allegation that the deposit of the money in the county treasury Was 10 compliance with the statutes, is matter of law and not of tact. It does not, therefore, conclude either party on demurrer. As matter of law no statute can be found auatior- izing the deposit of these funds in the county pete The only acts bearing upon the question to which we have been referred are, Laws ot 1862, chapter 07 section 2, and 1 R. S. page 369 section 20 and page 870 section 29. The act of 1862 provides for the payment into the treasury of the county of moneys loaned upon revenue bonds of the county, issued in ‘anticipation of the collection of the annual taxes ot the county, Ww pay the ordinary charges and expenses under | appropriations made by the Boara Supervisors jor the support of the county govern. ment and is expressly restricted to taxes author- ized to be raised during the same year in which the money is borrowed. This act is clearly in- applicable to the tand now in question, The act Ol 1865 merely provides that ali revenues of the city and county shall be deposited tn the banks designated by the Chamberlain. The proceeds of the bonds now in qnestion can not be called rev. enue of the city or county. The mode provided by other statutes, which have been reierred to, for drawing moneys out of the treasury of the county, dO hot affect the question —What moneys should properly go into such treasury. The only Statutory provisous relevant to the question are 1K. 8, 369, secs. 20 and 29, which provide that it shall be the duty of the County Treasurer to receive all moneys belonging to the county, from whatever sources they may be derived, and that the Chamberlain of the city and county ot New York shall be tue County Treasurer there | Of, and this brings us back to the original ques- | tion, whether the fund raised by the issue of these bonds pelonged to the county. If not, the mere deposit of them in bank to the credit of the | Chamberlain did not Invest the Supervisors with | the exclusive right to such moneys. ‘The County Treasury cannot become the depository of any | bonds but those that the law brings to it.’—Jeif, Co., v8, Ford, 4Greene (Iowa), 370. THE COUNTY BONDS. The only fact upon which the defendants can rely in support of their claim that these moneys belonged to the county is that the bonds apon which they Were raised were county bonds. a actions in | tute is pointed out which restrains | 4 for its appropriation to any particular | { | the thle to the fund ot | general power to borrow money for its own pur- given to county, or if ‘he money in question had been raised pursuant to iaw in anticipation of the annual taxes of the county to pay its ordinary charges ana oxyeueey under ‘apropria by the Board of Supervisors for the support of the county government, which is the class of moneys to which the act of 1862 relates, a title in the county might be made out, In that case the control and power of disposition of the money would be conferred by law upon the Supervisors. They could appropriate and apply It to the ex- penses of the county government according (0 their discretion, Bat the present case is entirely different. Tne money was raised for a specific purpose designated in the act, and the Supervisors and all the county officers combined, bad no au- thority or power to divert @ single cent of 1) {rom that specified purpose. There was no grant of the money in any form to thecounty. ‘There was no surplus to in which the county could be interested, for no more was to be raised than preciely sufficient to pay the par- ticular claims which should be certified by we Auditors. There was no direction to pay the money into the county treasury, nor was the least power or coutrol over it given to the Supervisors, not even its custody. On the contrary, the State undertook, through its own direct agents named in the act, to administer the fund to the exclusion of any action of the Supervisors. The claims were to be audited by the special board appointed by the Legislature and to be paid ar the Comptrolier of the city, There could not iegally be apy inter- erence in the matter by the Board of Supervisors. But it 18 said the credit of the county was pledged to the bondholders, and therefore the | county should have the money, What is the credit of the county? It is not like the credit of an individual or a corpo- ration having vower to contract debts and property out of which they can be collected by egal process. The county 18 one of the civil and political divisions of the State, 1% holas property only for pubic uses, and no such property is lable on civil process for debts. The State in this case provided for the payment of certain debts of the county by directing the local authorities to levy taxes within the boandaries of their county, and in | anticipation of the collection of such taxes an- thorized the issue of bonds. The creditors who took the bonds trusted the justice of the State and not the county, which was powerless to pay them, except through the means provided by the State. ‘The obligations in question Were not obligations voluntarily mcurred by the county, or in vopse- quence of any negotiation made by it, but were created by order of the State, for the purpose of carrying into effect a statute of the State, and the iaith of the State is ledged not to withdraw its requiremement that ‘he local authorities shall levy the tax for the pur- pose of reimbursing to the bondholders the money advanced by them upon the bonds, ‘he bonds amount to nothing more than legally authorized certificates of the amount which each holder 1s entitied to recetve out of the tax which the State | hus directed to be levied, and on the faith of which tax the lender has advanced bis money. The State, then, is the party by whose power and authority the money was raised and must be repaid. THE COUNTY ORGANIZATION is the mere agency to carry out the will of the Legislature, and is compelled todo so, Can it be questioned that the State has an interest in pro- tecting the fund, and recovering it or its equivalent in damages from those who have wrongiully possessed themselves of it ee combining with the agent of the State? hat rigut did the Supervisors of the county ever have to the possession of this fund? 1t 1s tmpossibie to point to any law gtving them such arignt. What power of disposition wouid they have over it should they now recover and collect it? What could they do with tt? If it were their money toey could do anything they chose with it— apply it to the payment of the expenses of the board of Supervisors, or to the erection of public buildings, or to any other purposes, or to release it. But it 1s evident that any such use of the fund would be clearly in contravention 9f law. The authorit; paying claims existing prior to April 26, 1570, and it could not lawtully be applied to any other. Those claims have been paid and overpaid. It is said the Supervisors might apply it Wards the pay- ment of tne revenue bonds upon which it was raised, or of those which have been substituted in their place. To the assertion that ifthe Supervisors got the funds they might have exerted the physical power of applying them to the payment of those bonds, it is a sufficient answer in law that they had no | right so to do, and, in fact, that they might have made some dil- feren: disposition of them. To hold that where a lund raised as this was, under an act of the Legis- lature, lor a specific purpose, named in the act, has not been applied to the purpose for which it was raised, the Supervisors of a county nave the legal right or power fo apply it to a different use, 13 too Monstrous a propvsition to ve seriously ‘enter- tained. it would be to allow the agent to overrule the principal, THE PURPOSE OF TAXATION. It cannot be supposed that the Legtsla- ture ever intended that any such resuit should follow as (gat $6,000,000 should be raised on the credit of the taxing power of the State and placed at the disposal of the Supervisors of the county of New York, without any direction as to its application, especially in view of the fact that | | the Legislature has consistently denied to that in the case laat cited Judge Denis, in delivering county the unlimited power which is accorded to others, of raising by tax the amount deemed necessary for the expenses of local government, and has compelled the county of New York to come every year to the Legisluture with a specifi- cation of the amount desired to be raised and of the purposes in detail to which the money so to be raised is to be applied. Not only has the gen- eral taxing power conferred upon boards of super- visors of other counties of the State been with- held from the county of New York, but for a long period the existence of the county as an organiza- tion was nominal merely, A record of the pro- ceedings of the Board of Supervisors of that county covering a period of thirty years prior to the year 1840 is contained in a single small volume, ‘and they show that it existed as a county more for the purpose of designation than for any substantial governmental purpose. same as that of tne city, and the latter exercised all the powers of municipal government. In 1857 and sul aeduentiy additional powers were from time to time conferred, and were oiten used for corrupt Pe ae but the act of 1870 stripped the board of the most important of pipe aah ts ana conferred them upon the special auditors. The proposition that the Supervisors, thus denuded of power, are the proper body to call to account the | State agents who have superseded them 18 a sole- cism unsupported by law or logic. ‘The people of the State, through their Legisiature, are the only power who can prescribe the ultimate di ition of this fard.—State oi Md., vs. B. and O. R. B., 12 Gill. and J. 399 and 8. O. 3, How. U. S. R. 534. DUTIES OF THE SUPERVISORS. I can see no ground upon which the Supervisors of the county can claim the fund or damages in question to the exclusion of the State. The only pur, for which ee Aig can claim to recover and hold this money for the Indemnity of the taxpayers, who are or will be burdened with the bonds. But there is no law creating the Supervi- sors trustees for any such purpose, Supervisors are not the represeutatives or guardians of the ers. Tney are local officers whose duties are definitely prescribed by statute and they can- not exceed the powers thus conferred upon them, The actions which they may bring are confined to such as are specified in the statutes and necessary to enforce Habilities or duties enjoined by law to them or to the body which they represent, that is, the county in its corporate character. They have no right to intervene for the protection of the generai interests of the inhabitants or tax payers of the county. (2 Denio, 464; 17 N. Hamp., 214; 6 Allen 356; 4 Black (Inda.) 256.) This dut; specially devolves upon the State authority. (Davis vs. The Mayor; 2 Duer, 663; 8. S, 14, N. Y., 5263 Attorney General vs. Eastlake, 11 Hare 223.) The legal custodian of the fund which may be recov- ered in this action 1s not pointed out by any stat- ute, and this 1s very natural. The existence even of such a Jund was unanticipated, as it was not in- tended that any more money shoula be raised on bonds than should be paid out in regularly audited claims. But I think it a safe and a necessary doo- trine that where moneys are thus ‘raised under color of law, upon obligations which are a burden upon the tax payers of the State at large, or of a particular locality, and such moneys are unlawiully appropriated by individnais, and there 1s no local authority or officer clearly vested by law with the right to sue for their recov- ery, the State must of necessity be held to be the proper party to prosecute. Were it otherwise pub- je funds thus situated would be wholly unpro- tected and liable to be plundered with impanity. Bat assuming that there was a right of action in the Supervisors, as contended by the defendant, such right of action must have been founded apon some title to the fund, conferred by the State. If as fe Basti upon them, it could only be held for public uses heréto- fore declared, or hereatter to be declared, by the Legisiature. It is impossible to concetve of any other kind of property they conld have had in the fund, Certainly no individ. ual right or interest in tt. Supposing then that on some such ground the Supervisors had a right of action, but that they reiused or neglected to prosecute, Was there, then, no redress? Could those who had taken the money retain it and be free from all responsibility for their acts? and Must the taxpayers quietly eubmit to be taxed sor the benefit o the wrongdoers? No one has as yet ventured to as-ert so bold a proposition. On the contrary, it seems to be conceded that in such & vase the state mtgnt sue, bat tt has been su: gested that, to entitle the people thus to inter- Vene, they should have alleged in their complaint the refusal or neglect of the county officers to prosecute, and that in such an allegation the action might be maintained m behaif of the people. ihis necessarily concedes some interest on the part of the people in ensorcing the claim against the defendants, ior it’ they have none, the failure of par- tleular persons or officers vo prosecute could con- fer no right upon them. If, then, the people have an interest in the controversy, on what principle can ft be claimed that they mnst deier to their subordinates aud await tuetr pieasure? LOCAL OFFICERS AND THEIR POWRKS. The case of stockholders in private corporations | is claimed to be analogous. in such cases tt haa been frequently adjudicated that for the recovery of property belonging to the corporation, or of damages sustained for wrongs done to it by its officers or others, the stockholders, although being those ultimately injured by the wrongs complained of, will not be heard in Court uniess the persons who are appointed by law to represent their in- terest refase to perform their duty, or are fo far implicated in the wrongs to be redressed that it would not be safe to entrust the prosecution to thetr hands. Under those circumstances courte Of eanity will entertain @ proceeding by he stock to raise it was for the sole purpose of | ‘The territory was the | tions made | holders in theirown names. But the grounds upon which stockholders are allowed to prosecute in the case sapposed 1s totally diferent from that upon which the State claims to intervene in the Dresent case. Stockholders have no interest to represent or protect except their own pecuntary | mterest in the property of the corporation, and itis bodes before they can be heard to show that their rights are not duly cared for by those whom the law has appointed to protect them. But the interest of the State in the questions now at issue is of a totally different description. It is not for the protection of a proprietary or pecuniar; interest of its own in the subj ct matter that it claims the right to intervene, but for the protec- tion of a portion of its citizens against the wrong: ful act of its own appointees and their con- federates, who have, under color of authority conferred by the State, and appro- priated to their own use a large sum of money, which must be repaid by the taxpayers of the division of the State where the money was raised. There is no similarity between the position of the State in such a controversy and that of a stock- holder in a private corporation. To the State pri- marily beloags the power, and upon tt devolves the duty of redressing just such wrongs; and un- Jess it bas in this Instance delegated to some or its departments not only the right, but the exclusive right, to perform this duty, it has not stripped itself of its own powers or rendered an application to its delegates and a refusal on their part. to act @ necessary pre.iminary to its own invocation of the action of the Judiciary. CHIEF POINTS OF THE DRPENOR. It is claimed on the part oi the defendants, and this is the plea upon which they nave expended the most of their torce, that it would be placing too much power in the hands of the Attorney General to allow him, without an express statute, to insti- tute proceedings against public oMoers charging them with abuses of pubitc trusts. ‘This is a very feeble argument. As well might it be urged that a general power of attorney from one individual to another to prosecute and defend all actions in which the principal actually or in the judgment of the attorney had an interest was impolitic and void, a# giving to the attorney too mach power, yet this is the power of attorney which the State has given to its Attorney General and requires him to execate. It must be borne in mind that the only apron ofthe attorney is to bring the matters in ispute before the courts in proper form for their adjudication. The attorney has no power to de- cide them, whether he be an atiorney for an indi- vidual or for the State. His province is simply to lay the question in dispute belore the court. True policy would seem to dictate liberality in thus permitting controversies to be ven- tilated. ‘The responsibility of deciding them does not rest with either party, but with the tribunals of justice bejore whom the cause is heard. The safety of the public is, in my humble judgment, better subserved by throw- the bul. There was deal of fun to the out- siders, who hu eed ‘the fringe of the’ en- closure du: the @iscussio! Matthewson is & foupg man resembles tederate General eauregard in his manner, while Patterson bas the ponderous head of the late Dean Richmond, without his dexterity of tntellect. Personal re- marks were bandied to and fro, and the venerable President of the Board sat with a placid and bea- tifle expression on his face. Points of order were raised, and the great Teutonic representative, Klamroth, rose and made a remark winch was drowned tn the surge of debate. Then all the departing members arose and apologized to each other for the cruel remarks that they had not idly put the question. Mr. Jenkins was as pire OD ac- count of his vt ability, and Mr. L. D. Ki nan arose and took the vote with deliberation. Commissioner Patterson suffered a Waterloo de- f for the report was adopted by a vote of 12 to The three gentiemen who voted in the glo- rious minority were the Presideat, Mr. Neilson, Mr. Patterson and Mr. West, who walks alter eve! Meeting home through Grand street. The result of the adoption of this resolution is that the {ol- lowing teachers have veen appointed for the High Evening School in ‘est ‘Thirteenth street for this winter session. These teachers are by the night, some of them teaching two and three nights in the week; others teaching five and six nights of the week, For each aight’s tuition they will be paid §6, with exception of ‘the newly age principal, Jare who will receive $10 50 a night. ‘The names of the oew teachers are Jacob '. Boyle, General Assistant; T! Arthur Murphy, political science; Charies Koberts, Jr., reading and declamation, three nights a week; Latayette Olney, algebra, geometry, trigonometry ; Wiliam J. Goldey, grammar and composition; B. D. L. Suutteriand, enmanship; Frank Melville, freehand drawing; Thomas G. Williamson, archi- tectura! drawing; 0. F. Hartman, Gillespie Miller, Andrew J. Whiteside and Edward H. Bowyer, bookkeeping; Wilbur F. Hudson, George H. Moore and Hugh Carlisle, arithmetic; Frank Dantle, Frenea; Hago R, Hutton, German; William C. Hess, German; J. Harvey Dew, anatomy and physiology ; George White, phonography; E. Shulte, French. During the discussion Commissioner Hutchinson made @ statement which created quite aatir in the Board, He said that he had some conversation with the Corporation Counsel, Mr. Delafield Smith, and that that oficial stated that he did not believe in wbis hi evening school business, which was intended to make democrats of the pupils. The way to do in his vpinion (Mr, Smith) ‘Was to gather in the poor and ignorant out of the Streets of the city an ive them the rudiments, and nothing but the rudiments, and then, said the Corporation Counsel, “We will not and cannot have a democratic majority of 30,000 in the city of New York,’? ing open than by closing approaches to these tri- bunals for the remedy of public wrongs of the description disclosed in this action. The only sub- stantial ground upon which the defendant in sach a case might with propriety decline to answer at the suit of the Attorney General, would be thata recovery by him and satisfaction thereof would not be @ bar to a subsequent action for the saine cause by the local authority. If this could be made out it would be a perfect answer to the action. Butit cannot. When tne suit 1s brought by the Attorney General in a mat- ter within his authority no other involving the game questions can be instituted. And when a judgment ts pronounced in such a sult, as the At- torney General represents the pubitc, all persons are bound by the decision. A judgment for or against the defendants in the present action woula, consequently, .be @ perfect protection to them ‘against any subseqnent or other action against them for the same ucts. Ihave not referred in detail to the anthorities upon which I have relied in confirmation of these lews. They have been elaborately cited and dis- cussed on the briefs and in the arguments of the eminent counsel on both sides who have argued beiore the Court, and references to them will be made by the reporter. It is sufticient to say that I have carefuily examined them ana discussed them with my fellow Judges, and that but for the pro- lixity which would be occasioned ae an extended review of them and a demonstration of their ap- plicability to the present case I would cheerfully devote myself to that labor. I think it more use- ful to state the results. In my opinion the judg- ment should be reversed and judgment should be rendered for the plaintiffs on the demurrer and leave to answer should be granted. . THE DOG CRUSADE. The Pound Yesterday—A speculator in Dogs and What Became of His Stock in Trade—A Curious Incident. The threats of Mr. Bergh. the fulminations of Recorder Hackett and the deliberations of grand juries seem to have as yet but Itttle effect upon the small boys and others who have, during the past week, Made a trade of stealing dogs and selling them at fifty cents a heaa to the grim Mar- riott who reigns supreme over that sink of cruelty known as the Dog Pound. Yesterday the chase was as lively as ever, and hundreds of little four- legged wretches were bagged by the two-legged wretches who pursued them. ‘The new phase of the matter seems to be in the number of men who have found it worth their while to embark in the business. A singular incident happened in this connection yester- lay. A person named James Hudson went round the city with an immense farmer's wagon, buying up dogs from small boys at the rate of twenty-five cents @ head. This sort of canine brokerage appeared to pay him, for in a very short time he succeeded in collecting a large quantity of all kind of dogs, from the biackguara of the ash barrel to the pet of the drawing room. When bought this hard-hearted mau thrust the dogs to his wagon, which was closed on the top, with open side slats, like country wagons gene- rally. By two o’clock he had over 100 dogs coopea up in this manner, and no doubt all of them in a very fair way to get suffocated by thelr close con- finement. Hudson finally arrived with his wagon at that part of Baxter gtreet close to the Centre Market Armory, Here he was accosted by a mem- ber of Mr. Bergh’s society, who had him arrested for cruelty to animals. In charge of @ biue- coat he wended lus way to the station house, leav- is wagon where it was. Hudson had no sooner plies than & crowd of small boys sur- rounded the wagon and began watching the dogs inside. Some one suggested to open the top. No sooner said than done. Some person Patiod up the top and tt was curious to witness the quick- noss with which the enclosed dogs made them- selves scarce, all the more so that the smali boys set up a howlo< joy and deriston. In less than three minutes there wasn’t a dog left m the wagon. ‘hey disappeared in all directions like @ flash, and no doubt when the fumane Hudson returned to take charge ol his protégés he was ve much surprised to find bis pais aud his speculative energies and is money all gone for nothing. Captain Marriott was presented with a less nnm- ber of heads at fifty cents than usual yesterday, ‘The business seems to be languishing. THE BOARD OF EDUCATION. Exciting Scene Among the Commission- ers—The Mad Dogs, the Teachers in the Evening High School and the Demo- cratic Majority of 30,000 Discussed. At the meeting of the Board of Education yester- day afternoon there were present seventeen mem- bers of the Board, and it was expected that a dis- cussion would arise upon the subject of whipping in the schools, but, unfortunately for the interests of the public, the discussion was avoided. Wilson G, Hunt sent in a communication, in which was enclosed a City bond for $1,000. Mr. Hunt pro- poses that the interest on this bond shall be devoted to the use of a presentation of a prize to a boy or girl in the Public Schools of the city for excellence in some branch of education, which was not men- tioned, Mr. Hunt also enclosed $60, which amount wiil pay for the prize jor the year 1874. Communi. cation referred to the Committee on Course of Studies. THE MAD DOG QUESTION. The mad dog question came up In the Board yes- terday in the shape of @ stirring communication from the trustees of the Twentieth ward im regard u the vicinity of the dog pound to Primary School No, 27.. The communication 1s as tollows:— To Tux Poarv or Epycatrox :— gy the Twentieth ward respectially repre- sent that t the dog pound is located within 100 feet y School Ko! 27, in West vhirty-seventh nreet, eignborhood is in consequence fuil of of the roughest sort, bringing tue teachers and children are bass with diMlcaity to and from The janitor is “occupied nearly the whole of his time guarding the premises and pro: tecting the scholars Trom the anhoyances of these tics. Two of the children have been bitten by dogs. howls ot the dogs kept up during the recitations distract the attention both of teachers and scholars and make them (ha measure anst for work. The effect is very Manifest in the diminished atiendance of the scholars. Such an evil would soon render tutile the en- deavor to maintaina school at ail. The Trustees. there- fore, ask the Board of biuetion to take steps to bave the nuisance at once remo trom the vicinity of the school house. Respectfully submitted. AUSTIN ABBOTT, M.D. RANNEY, Naw Yorx, June 16, 1874 WILLIAM KILLIAN, SHALL WE HAVK 4 HIGH RVBNING SCHOOL ? There was along and rather lively discussion between Commissioner Jacob Patterson and Com- missioner Andrew J. Matthewson in regard to the juestion of the \egality of the High Evening School, | ir, Matthewson is the chairman of the Committee | ou Evening scnools in the Board, and it seems to | be the fasion in this body that the members of | one committee shail oppose everything that ts done by the members of any other committee. At the previous meeting Commissioner Matthewson presented @ report trom the committee of which be is Chairmen submitting a list of the names of teachers to be appointed jor the next season of the High Evening School. Commissioner Patterson | at the same meeting moved that the re- port laid on table, and tne vote decided that should be, But esterday Cominissioner M: ot again and moved that the report o¢ taken up. Then Mr. Patterson arose, and was followed br toner West against the taking uo of nuisance and danger tobe apprehended from | won came to the | ‘The Board then adjourn ed. RUTGERS COLLEGE. Close of Commencement Exercises Prizes, Degrees, Flowers, Smiles, Music and Farewells. A cloudy dawn greeted the morning of the crowning scenes in Rutgers commencement yes- terday. Thirty of her sons, after four years’ of diligent devotion to scholastic duties under her careful direction, were to receive their diplomas and the benediction of alma mater and leave her halls to embark upon the voyage of iife, each as master of his own craft. Morning came on with drenching showers; but, though her streets were moist and muddy, the enthusiasm of New Bruns- wick Was not to be dampened. There would be no commencement again till another June shoula bring fresh roses and another class of new candi- dates for smiles and floral tributes. Ten o'clock saw the sidewalks thronged by the village belles, in their bravest and brightest ward- robes, all carrying fragrant bouquets of radi- ant blossoms and all flowing towards the new Masonic Hall building. There they hastily ranged themselves in the parquet and galleries of the charming Opera House, while the forces of the college took possession of the stage. By this time the clouds had cleared. Nature has been allowed its way to light the Opera House by sunlight in- stead of gas, and as the day revealed the scene scarcely a brighter or happier could be imagined. Grafulla’s Band discoursmg sweet music in the orchestra was the medium through which the smiles of beauty in the auditorium instilled courage and confidence into the modesty of the young orators.behind the footlights. Behind ths graduating class, who occupied benches ut the irons of the right wing, sat the esteemed President of the valuable institution, whose charter bears the seal of George ILL and dates more than a cen- tury back. At the left wing sat the elder brethren a ae alumat, All seemed contented, proud, opeful. ir. Ephriam Outter, of Woodbridge, N. J., of the graduating class, made the opening address. He was lollowed by his classmates Perry J. Fuller, Harry L, Janeway, Theodore D. Muis and ten otaers, in orations on various subjects, mostly of a practical nature, which were so treated as to show that the teachings of Rutgers is adapted to develop or of thought and keenness of observation, while the lofty tone of the sentiments which each of the speakers promulgated attests the salutary morality ‘nouicated by the examples as well as the precepts of the Rutgers faculty, Tue conclusion of each address was marked by the most liberal pre- sentations of floral gifts from the {air auditors, each blushing orator retiring laden with wreaths aud boaquets, oiten too abundant for him to carry alone, in each interval between the oratorical faa the band kept the company in good jumor, hi Th AWARD OF PRIZES. Alter the orations President Campbell delivered the various prizes awarded, as follows :—seniors— Brodhead and Cooper money prizes tor classics to E, Cooper, P. J. Fuller, A. H. Strong and J. N. Wyckotf; Suydam prize for natural science (gold medul), W. H. Berry; Suydam prize tor compo- sition id medal), N. Fuller; Bradley prize for mathematics (gold medal), A. Van Etten, Jr. Van Doren prize for missions $320), Charles Davi: Atherton prize for history (“Prescott's Mexico”), P. D. Staats; Vook’s prize for mineralogy (a case f specimens), W. B. Berry. Junior prize for com- ton (books), James Kemio. phomores— lamation (gold medal), C.C. Van Deusen; do. (stiver medal), P. F.\Sutphen ; Peter Spader prizes, | W. A. Van Zandt, P. K. Sutphen. C. B. Pierc | botany prize ($35), H, N. Johnson, Freshmen- | Grammar, H. Veghte; spelling, W. M. Stillman. DEGRAES CONFERRED, The degree of Bachelor of Arts was then con- ferred upon the following young #2Remen con- Btituting the graduating class:—W. B. Berry, R. W. Brokaw, Charlies Davis, J. V. De Mott, H. N. Fuller, W. F. Gaston, C, H. t, J. R. Manley, T. D. Mills, isaac ris big ae Schenck, P, D. Staats, A‘. Strong, A.B, ‘Van Dervoort, P. J. Bixby, W. H. Bradley, Ephraim Cutter, T. E. Davis, J.R. Duryee, P. J. Fuller, H. L, Janeway, G. D. Lydecker, OC. A, Meyer, John Opple, C, A. Runk, J. . Searing, Wiiliam Stoddard, D, M. Taimage,’A. Van Etten, Jr., J. N. Wyckomt. The degree of Master ol Arts was conferred in course on George Berdine, John W. Conklin, Ezra D. De Lamater, Joseph icher, Haley Fisk, Jr., dames ©. Garrelson, John E. Graham, Andrew Hagemers, William H. Lawrence, Rudolph (. Oakley, George E. Pace, Willlam N, Todd, Charles | F, Van Inwegen, William P. Voorhees, Kawin B. Williamson, John Henry Wyckoff and Aaron W. Benson. The degree of Doctor of prilosopny was con- ferred upon Henry M. Banscher, of New Paltz, The degree of Master of Science was conterred | Upon James Kenneay Barton, Stephen George | Gano, Winfleld Scott Lasher, Charles William Mer- ritt, John Anderson Miller, Jr., Charles Lansin Pruyn, Otis Comfort Tiffany, Josepn Ward, Jr., ‘aud Silas E. Weir, Jr. HONORARY DEGREES, f ae following honorary degrees were con- ferred :— That of Doctor of Divinity on Rev. Samuel w. Mills, of Port Jervis, N. Y.,and Rey. Benjamin B. teat of New York city; Rey. Guido F, Verbec! pan, That of Doctor of Laws on Hon, Ward Hunt, of Utica, N. Y., Associate Justice ot the United States Supreme Oourt, and Hon. David A. Depue, of the Supreme Court of New Jersey, ‘hat of Master of arts on Martin L. Deyo, Pro- fessor of Mathematics in Albany Academy. These ceremonies being over, Rey. William H. Lawrence, of Vid Bridge, N. J., delivered the master’s oration, and Joon N. Wyckoff, of White- house, N. J., pronounced the valedictory, both of which were productions highly honorable alike to | the heads and hearts of their authors. A benedic- | Won was tuen pronounced, and, while the band Played @ medley fitted to awuken a thousand pleasant memories, the heroes of the stage shook ands with their instructors and soon mingled with the bright colors and warm smiles which filled the boxes; and as the reporter jumped aboard a train for New York the shaded streets of the old Jersey town were full of leave-taxings, tender, no doubt, as youth, and sweet as maiden beauty. So commencement ended its 104th re pe- Ution at Rutgers. RUTGERS FEMALE COLLEGE, Celebrating Class Day—Dresses and Ad- dresses—Misses and Mystery. Class Day, the “day of days’ to the collegian’s heart, was celebrated yesterday by the fair gradu. ates of Rutpers Female College. No campus spreads out its verdant surtace to entice the fair students of Rutgers into forgetfulness of dignity; no “long pipe’ passes from lips to lips, but every grain of the enthusiasm as exhibited tn the antics of their brother students’ on this great day 1s felt in the hearts of Rutgers daughters and shown in flushed cheeks and sparkling eyes. Without an at- tempt at tmitation, the exercises yesterday were of & most enjoyable nature, and reflected credit upon the members of the class of '7%4. At three P. M.. the hour appointed, a large and brilliant audience assembled in the chapel of the college, and a few Moments lator the iumior and sepior classes cn- tered, taking their respective seats on either side of the platform. In accordance with a time-hos- ored custom, the anniversary of the Nu No Soclety opened the exercises, Mies Pauline Seelig- man, A. B., of the class of '73, occupying the chair as presiding officer, .After the singing of the an- them, “The Lord Is My Shepherd,” Rev. Dr. Samp- son offered @ prayer. Dr. Edwards Hall, Prest- dent of the College pro tem., in a snort ad- dress, then welcomed the alumnw. He spoke of the condition and needs of the college, and said that he felt morally certain, ag soon as it be- came generally known to the aiumne that their alma mater required their assistance, they would cheerfully respond. He longed to see the time when Rutgers should be as invaiuable to NEW YORK’S DAUGHTERS as Columbia 1s to her sons. The annual address was delivered by Miss Annie B. Atwood, A. B., of 1870, her subject ‘The Practical Education of Women,” Miss Atwood’s delivery was good, and her treatment of what she termed the ‘‘inexhaust- able subject” broad and comprehensive. Since graduating her time has been spent for the great part, she stated, in travelling through the Western States, and sne has been impr with the eg of @ more practical educatio! for women, in view of the future peopling of tase vast country. Are women to be. helps or draw- backs to their husbands? is @ question of vital) importance. She would by no means be consid-| ered an advocate of what is calied ‘woman's, rights,” and the “professions,”’ she beloved: belong peculiarly and solely to men; but she would have the schoolgirls ot America realize that men do want wives, nor does society Want women, who can only simper a few commonplace remarks on a few commonplace topics. Miss At wood spoke at some length and was heartily applauded at the close. Miss Juliet Warner then took the chair as presiding oMcer of the graduating ct! and the class day exercises proper began. ie ‘‘Wanderer,’’ by Fesca, was @uvg in chorus by the class, alter which THE FEATURE OF THE DAY occurred, in the delivery of an address by Miss Etta H. Burns. Her subject was the nistory of the class, and it Was in every respect au excooaingly creditable effort, Miss Burns is a tall, delica' looking girl, and dressed in deep moari She stood upon the stage perfectiy self-poase! the potare of grace and dignity. since task had been assigned to her of narrating to disinterested audience the sacred history of the class of ’74, visions of historians, ancient and modern, she said, have haunted her. Before here mind’s eye have fitted the grim spectres of Hal- lam, Hume, Gibbon and Macaulay. She has con- stantly dreamed of the formoa of ine dead histo- rang whicn to the average School are merely bundles of prosaic facts, fastened witn strings of never-to-be-remembered dates, and the question whether she should be compelled to follow in her humble way their illustrious footsteps, noting eae the dry facts in tae history of the class, has ca her much uneasiness. If it 1s true “college boys Will be college boys,” it is equally true “COLLEGE GIRLS WILL BE COLLEGE GIRIS,” The thought has decided her to chronicle the less. prosaic but more interesting . teatures of the class’ history. Miss Burns then pro- ceeded to detail the progress, the pleasures, the hopes and the aspirations of olass from, the time of its formation in the autumn of 1863, through the trials of the preparatory course, the humiliations of tne intermediate course and the “gales” of the junior year to the present time, There was a quaint humor in her descriptions of the school girl’s trials and a depth of tenderness and feeling in the references to real sorrow and afflictions which won Jor ber the applause of her audience. Misa Ella A. Tallman, the acknowled, enius of the class, then sung @ s0l0, after which iss Ada M. Fountain delivered the annual “prophecy.” Her address elicited much appro- bation. The task of entertaining an auddence with statements of the future of a set of young ladies 18 ph no means anh easy ofie; hut Miss fountain, besides keeping class, Ww whom the quiet alusions were under- sroeds m an uproar of laughter, succeeded in interesting and pleasing her audience, as was testified to by rounds of applause. ing of @ duet by Misses Althause and Buens, ti charge aod Key presentation mystery occurred. Miss Tallman, on behalf of the seniors present- ing the key of the mysterious box to the junior class, with an admonition not to unlock the same until the 20th day of next May, and Miss Elsie Crane replying for the junior clags. The exercises eet ean sae Bie ta pl ok jommencement of the colleg -mor- row aiternoon, at the Church of the Disciples, in Madison avenue, OOLLEGE OF THE OITY OF NEW YORK: The examination of the voluntary competitors, for the Claflin medals for the greatest proficiency in Latin and Greek commenced yesterday. In no college are the competitive examinations of this character more rigid or exacting. It is made a therough test of each student's proficiency, and 1s so arranged as to admit of no possible favoritism, ‘ne ts of all the examinations will be made noWn to-morrow, and, as might be supposed, are awaited with tremulous anxiety by many. Prolessor Compton has been accorded permission to enga: in astronomical investigations by day ana night with a party of students on aud about the great hill in Central Park, at 100th street, The Delta Upsilon Society. The students of the College of New York bi formed an anti-secret society under the name of the Delta Upsilon Fraternity. The inauguration of a chapter of this organization took place a few eventngs since. The ceremonies were carried out by the aid of a committee composed of delegates from Hamilton and Rutgers colleges and the New | York University. The pledge of the papery was taken by twenty-four oi the members of the differ- ent classes in the College of New York. At the close of the ceremonies the new chapter enter- tained the committee, after which followed music and dancing up till a late hour. 8T, PETERS SELECT S0HOOL. The annual examination and distribution of pre- Mmiums in this old established Catholic schoul took Place yesterday afternoon in the Sunday school hall attached to the church. The hall was crowded by the residents of the First, Third and Fifth wards of the city, from waich this school receives its sup- Port. On the platform were 200 pretty children dressed in white with pink sashes, while at the side were ranged some thirty sisters of charity, many Of them the superioresses of different educational establishments in New York, Brooklyn and Staten Island, brought away from their duties by the desire to attend the examination of Mother Jerome's school, Who, twenty-five years ago, was one of the Pioneers of Catholic education in St. Peter's, and who is now on duty there devotedly attentive to the children as she was to their parents as chil- dren a quarter of a century ago. ‘The usual exer- cises, interesting to ail the relatives of the chil- dren, inciuded a pretty play called “Lost in Fairy aes rd ae, ee led = five lepine e sant the interpolation of songs, piano playing, &c. the conclusion of the entertainment Father Far- rell addressed the children with tb earnest- ness, the subject of education being hia great hobby, and the opposition he is receiving causing him to devote aimost all his time to its advance- ment. The free schools will be examined this day in the same bali at three o'clock. THE STEAMSHIP INDIANA. One of the New American Bullt Steamers— A Pleasant Send-Off at Erie Basin. The steamer Indiana, of tne American Steam- ship line of Philadelphia, was floated from the dock at the Erie basin yesterday afternoon and sailed this morning at an early hour for Philadelphia, c | | whence she will leave for Europe. She has quite a large number of cabin passengers, with a very full quota of steerage passengers to carry. She is one of the only four American steamships whioh are now sailing between American and European ports. Last evening quite a large number of directors of the line, witn other tavited guests ftom this city, Went on board the Indiana at Erie basin, and the meeting was made the occasion of @ most pleasant reunton of those who are desirous o! American supremacy in the building o: trans- atlantic vessels, After the pees oi the vessel by Mr. Griscom, who 18 general agent of the line, a collation was served in the cabin *o the guests, ' and when this was disposed of a number of | gentlemen expressed their views relative to the humiliating position which the United States occu- piea in regard to this once prominng branch of American industry, The President oi pany, Colonei Walsh, pre! and opened the proceedings with the toast, “American ship- building and American mechanics.” The duty of entertaining guests was discharged especially by Captain Sumner, of the vessel, and Mr. McHenry, ort steward at Philadelphia-—the latter of whom haa been connected with the old Collins and Van- derbilt lines—in such & manner that the guests en- Joyed, sudden a8 Was the oocasion, the inter- change of thought with great advantage, One of the pleasantest features 01 the enjoyable time waa @ Humorous recitation relative to emigration, de- livered in broken Dutch, by Mr. John A. MoSorly, the Custom House agent of the line, a tugboat conveyed the party to and from the Erie basin. MILITARY TROUBLE. Captain Lee Nutting, of Company 1, Forty-seventh regiment, and whicn company occupies the armory on Calyer street, Greenpoint, was placed under arreat by Lieutenant Colonel Rogers late on Monday night. At the same time the Captain was directed to turn over the command ta Lieutenant Foster, The cause of this pal | ‘ose irom the fact that Captain See a runit ve musical and floral tesuval to be held in the Srmory, without first having obtained permis. sion of Colonei Anstin, commanding the regiment. It is claimed that Captain Nutting acted cou. trary to law, not only in allowing the building to th be used for any such pur; , nr using the gas, which Js gupgiled by the Bier.