The New York Herald Newspaper, November 20, 1875, Page 8

THE COURTS. Motions and Counter Motions in the Tweed Suits. ANOTHER VICTORY FOR BERGH. | heaetomnett The Panama Railroad In-} junction in Court. Eleven Jurors Obtained in the Seannell Case. Memento of Hodge, the Default- ing Paymaster. | Motions and counter motions and the service of | amswers, amended answere and replies are now in order | in the Tweed suits. A motion to vacate the order of arrests or reduce bail in the $1,000,060 suit was set down for argument yesterday, before Judge Donohae, in Supreme Court, Chamb Mr. Peckham was | promptly on hand, but a representative of Dudley | Field stated that tho latter was unable to attend, being | engaged in another Cour Mr. Peckham passed 9p to | Judge Donohue the remittiturs of the Court of Appeals | firecting the recent decisions of that Court to be | mado the judgment of the Supreme Court, asking | that the sume be filed, He had hardly passed the papers out of his hands and arranged for an adjourn. ment of the motion, when Mr. Field came into court aud said that he was ready to proceed with the argu. ment, having fairly lad out the ground work of his argument, when Mr, Peckham said be discovered that tome of the papers 1m the suit, although the same as in the $6,000,000 suit, had not been served upon him in | the present motion. This put a stop to the argument, “You are pretty captious,”” said Bir. Field. “Not at all,” said Mr, Peckham, ‘it is you that are taptious.” “1 deny the allegation,” retorted Mr. Field, “ale though I won't say I despise the alligator.” Afler some further parleying it was finally arranged to adjourn the argument until next Wednesday, The above is what took place in court yesterday. Outside of court neither of the counsel, however, ap- peared to be ide. In the $1,000,000 sutt against Tweed Mr. Peckham served yesterday a reply on Measrs. Field Deyo, counsel for Tweed, to so much of the latter's ‘amended answer as sets up the recovery of a judgment for $645, against the estatesf the | Inte James Watson, and a supposed settlement of all claims against such estate on payment of thatamount, | The reply says:—‘‘As to the second defence in said | answer pleaded plaintifis deay each and every allega. tion therein contained, except that plaintiffs admit that | they (plaintiff) recovered a judgment in the Supreme Court against Margaret Watson as administratrix of James Watson, deceased, for $648,032 32, and that the | plaintiffs have collected on said judgment the sam of $590,435 74. Plaintiffs aver that except as satisfied by faid sum so collected the said judgment still remains in full force; that as to the third defence in said auswer pleaded, plaintiffs deny cach and every allega- tion therein contained except that plaintiffs make the | fame admission as to the matters of the second defence | repeated in the third defence as they have made in ‘the reply to the second defence, and except that they | admit that said Andrew J, Garvey and James H. Inger- foll Were sworn as witnesses and testified on said trial.” ‘The allegations of the third defence in defendant’s an- ewer, to which the inst portion of the reply refers and | of which it is adenial, ts that Garvey and Ingersoll ‘were released {rom responsibility on condition of their being witnesses for plaintitl, Alter the service of the foregoing bade, and still later $n the evening, a reply was served on Messrs. Field & Deyo to the amended answer in the Grst or $6,000,000 suit. The !mportant portions of 1 are those in relation to property charged in the answer to have been assigned by Keyser in satixfaction of a portion of the claims formpng the basis of the action. On this point the re- ply says '—As to the ffth defence in said amended an- Swer pleaded, plaintiffs admit that after the transa tions mentioned in the complaint, John H. Keyser men- tioned in the schedules thereto annexed, executed | to Jackson S. Schultz an assignment of | a large amount of property, and in | trust for some purposes and truste, but plaintitts have no knowledge or information sufficient to form a belief of the contents of said assignment, or what were the usts or conditions thereof, or whether the same were | stated in said defence in said amended answer. | Plainuiffs admit that said Schaltz accepted said assign- | ment, but have no knowledge or information sufficient | to form a belief whether he executed any trust con- | tained in the same, and deny that said Schultz paid | over to the county of New York a jarge or | sum of money on account thereof, or at | Plaintiffs admit that among the property | igned was a private clann of said Keyser agaiust ndant, Tweed ; that said claim was prosecuted ‘against Tweed by Francis C, Barlow, who was then At- | torney General of the State of New York, but deny | that said claim was ¢0 prosecuted by Francis C. Barlow as such Attorney General or otherwise than as the private attorney and counsel of said Schultz. Plain- Uff deny that the said Barlow collected the same on Debalf of the plaintiffs, or of the county ef New York, or of the city of New York.” Ag to the allegations in defendant's answer that, in consideration of va- nous sums of money being paid by various other partics charged with participation in the alleged frauds, such parties have been released trom r sponsibility, the reply goes on to say:—‘'Plainti deny cach abd every ailegation therein contained, e: cept that they recovered judgment in the Supreme Court against Margaret Watson, as administratrix of James Watson, deceased, for $648,982 32, and that tbe: have collccted an said judgment the sum of $590,435 “s and that except as satisfied by said sum so collected the said judgment remains im force.” The reply con- eludes by denying that Garvey or Ingersoil has been Feleased from liability by reason of their having been | used as witnesses for plaintiff. The first of the forego- | ing replies was served by stipulation of counse} on both | sides, and the second in obedience to an order made by | Judge Donohue, in Supreme Court, Chambers, BERGH AND HOG SLAUGHTERING. | Tne benignly benevolent Bergh, whose kindly in- stincts impel him to exercise all the special powers conferred upon him as President of the Society for the Prevention of Cruelty to Animals, not alone to smooth | the pathway of the brute creation through life, tnt to | free their transmigratory process from unnecessary | pain, some time ogo visited the hog s nghtering | establishment of Davis & Co, on Eleventh | avenue. His acute sensibilitics being severely | shocked at eight of the mode adopted for killing the hogs, he threatened an arrest of the proprietors unless they changed the style of killing. Indignant at | what tbey deemed an unwarrantable interference in their business, the proprietors obtained a temporary {nyunction forbidding his t d interforence. This $njunction, after a prolonged argument by Mr. A. Oake: Hall on the part of Davis & Co. and Mz. Elbridge f Gerry on behal! of Mr. Bergh, was dissolved by Judge Larremore, of the Court of Common Pleas, who wrote an able and exhaustive opinion on the subject. The General Term of the Court fully indorsed Judge Lar- | remore’s ruling, huidiyg that an injunction was not the proper remedy, but an action in the motion of asuit for dai A suit was accordingly brought against Mr. B , the object ought to be gained being proot tat he had transcended his authority. Again there a good deal of testimony taken, again able ments were made by the brilliant counsel, and Judge Larremore has given another opinion, the latter being & model of brerity, but clear and pointed in its rulings. The following is the opinion which was given esterday, and in which, as will be seen, he decides in leer of Mr, Bergh:— ‘The testimony on the trial has not virtually changed the rights and relations of the parties to this action since this injunction was decided, The points sabstan- | tially raised are:— First—That a special paged 4 was required in each caso to be given by the Sheriff to any agent of the society before any arrest could be Jawfully made b; " agent in pursuance of the act of April 12, 1867. (Laws 1867, chap, 375.) It i sufficient to say, in answer to this objection, that section 8 of said set requires no such special designation of such agent, but authorizes the Sberiffto designate any agent of said gompany to make arrests, &e. This was shown to hafe been done im the case of the defendant Bergh, and he was thus a authorized to make arrests under section 8 of Baid act, Second—That Bergh did arrest the plaintiffs’ ser- Yante, and the injunction should therefore be held to Prevent a multiplicity of suite, | 1 do not think that the evidence warrants the con- | clusion that apy arrest in this case was actually made. Bergh found the door of plaintiffs’ establishment open and entered without jon, talked with one of the | plain tif about the m of slaughtering animals then | 1 process and threatened to make an arrest if such more was continued. But, even if it were otherwise, Bergh, as the duly authorized agent of the society, under section 8 of sai had authority to make ao arrest for any offence prescribed therein when such of- | fence was committed in his presenc | plete the complement of jurors required for the retrial | tendance, and the court room was early filled and re- | the service, and alterward sentenced to along term of NEW YORK HERALD, SATUKDAY, NOVEMBER 20, 1875—WITH SUPPLEMENT. the ccnstenaiion. of 8 geohen, wtatute, su was busy, a8 well as Mr. McFarland, but he importast en- gazements in order to argue this question. then hac seer Sat ee ae reason to believe, —— relying very inuch op newspaper paragraphs, that Fomor in regard to the defendant’s proposed action were well founded; that it was evident from the para. graph ov a norning paper, which he id to read fo tbe Court, that the railroad intends to evade the injunction by ee | the steamers under individual contract, which was plainly wrong, and that for this ‘reason it was important that the question should be “immediately settled, for if such invasion was imtended | there were other matters requiring attention. Judge Donobue said that unless a day was agreed upon for argument by the counsel at ten o'clock this iworning be would himself (ix a day for hearing it. SCANNELL’S SECOND TRIAL. Another day—being the fourth commenced thus far— | was token up yesterday in the further efforts to com- | of John Scannell for the alleged murder of Thomas J. | Donohue. There was no abatement in the crowd in at- | mained $0 until the adjournment of the Court, ‘The prisoner shows no weariness as yet, but, on the contrary, seems to enjoy as heartily as any one the frequent amusing episodes occurriog in the course of the examination of candidates for the jory box. His wife and three lady friends sat near bim, while his counsel, Messrs. William A. Beach, Witllam F. Howe, Charles Spoucer and Peter Mitebell, | occupied ther accustomed seats immediately in tront | of him. District Attorney Phelps ‘continues to con- duct the presecution, aided by his deputies, Assistant District Attorneys Rollius and Lyons, + As soon as Judge Barrett had opened the Court, which was promptly at the hour assigned, the work of filing the two remaining vacant chairs in'the jury box was Figorously resumed. By astreak of special good fortanc the eleventh juror was epeedily obtained in the person of James H. Davidson, who is en- xaged inthe paint and oil business, He bad read of the cave, but had formed no opinion about | itand thought be could be an impartial juror, On being accepted he took the eleventh seat in the jury | ox, and nearly every one drew along breath, think- ing, apparently, that this tedious preiminary’ of the trial was now nearly atan end, It did not prove so, however. Juror atter juror was called up and question alter question propounded, and joke after joke nitered, but it was like calitog spirits from the vasty deep. The tweltth juror could not be found. Altogether tho worst joke of the day was that of Mr. Howe when, adopting Mrs. Fieune’s French in the ‘‘Almignty Dol- lar,” he told juryman Halley that he could ‘Allez,”” The panel having been exhausted another one was or- dered for this morning at haif-past ten o'clock, to | which time the Court adjourned, A PAYMASTER'S EMBEZZLEMENT. During the last war one of the paymasters in the United States Army, Major J. 8. Hodge, took advantage of his position to embezzio the money placed in bis hands for the payment of the army, and began a wild career of gambling in stocks in this city, After the war closed his operations on Wall strect became heavier, and his brokers, Messrs. Poluamus & Jack- son, reaped large commissions. In Septem- ber, 1871, the deficit in Hodge's accounts was discovered and he was dismissed from imprisonment, His pardon was obtained from Pre dent Grant, and from his confession and a careful ex- | amination of his books, it appeared that the defalca- | tion amounted to $358,000, most of which amount, it is alleged, had been remitted by him to Polhamus & Jack- gon. Some $93,000 were in his official drafts upon the Assistant Treasurer of the United States in this city, and the rest in currency, &o. A suit was some time since commenced in the United States Circuit Court in this district against Polhamus & | Jackson to recover the inoney paid to them by Hodges, | on the ground that they Kuew i to be government | funds which Hodges bad no right touse. On the trial | of the case bofore Judye Nathaniel Shipman the jury | rendered a verdict In favor of the brokers, The gov- | ernment moved for a new trial on the grounds that the | verdict was not in accordance with the ,evidence; that the jury bad been influenced by mistaken sympathy for the prisoner, and that the charge of the Judge waa er- roneous, A decision was rendered yesterday on this | motion by Judge Shipman, who has since retired from the bench, granting a new trial. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Doriohue. Nathan ve, Waetsfelder; Muller ys. Muller.—Motions granted. Memorandum Harding va Warriu granted. Jourdan vs Jourdan; Welte vs. Prospect Park Fire | Insurance Company ; Phillips ve. Cudlipp; &ec., vs. Tweed; So'son vs. Carr; Searle vi G. Knapp Mantfacturing’ Company v ridge vs. Punnier; Hagar ve. Hart; Browning vs. | Browning; McKinley va Coler; matter of meyer. —Granted. 1 McCallum ya, Jackman; Moran vs. Walkins; Reichert | ve. Independent and A. F. A., of the Eleventh ward; Glestein vs. Lambert.—Motions denied. Munster vs. Seward Reference ordered. Schwarzler vs. Burchell—Motion denied. Memo- randum. Rogers vs. Menzesheimer.—Approved. ‘Stuart vs. Clark. —Denied. Harlem Bank ve. Westervelt.—Order granted. Mem- orandum. Stevenson vs. Stewart.—Motion Matter of Henriques; Matter of vs. Engle,—Must be referred, SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. Ircland va. Vredenburg ct al.—Findings settled and signed. Bradburst vs. Bell. —Motions i | ranted. rown and another SUPERIOR COURT—SPECIAL TERM. By Judge Freedman. The Delaware, Lackawanna and Western Railroad Company vs. Sparks. —See inemorandum for counsel. COMMON PLEAS—SPECIAL TERM. By Judge Larremore, Davis et al. vs. Berg et al.—Judgment for defendant. | See decision in Equity. | $900 worth of dry goods and a lot of silverw: | The prisoners were committed for examination. single clause in a single street, om the 234 day of October, and handed her @ ; small parcel, saying that he bad bees sent with it by a Young woman, whom he described in soch @ way that the lady recognized in bi young German girl named Gertrude Schneider, whom she had employed as a ser- vant several days before and who bad been missing for twenty-four hours. On opening the bundle Mrs. Ross found a gold watch and chain belonging to herself, and which she bad es rage to be in her bed- room. On going to that apartment she missed two pairs of kid gloves, and supposing that the girl had taken these also, caused Rer tnmnedinte ax- rest. The articles were found in possession of the miss ing girl, and she was straightway indicted for grand lar- ceny, the value of the watch and gloves being placed at $150, On Being arraigned yesterday the girl admitted that she took the articles, but stated that she aw wanted to wear them one night; that sbe had intended | to return them on the following moruing, and that she had forgotten the gloves when making up the parcel, The accused is only veventeen; it was her first offence, and 48 she stood before the bar she scemod to feel her | situation keeuly, so that His Honor, taking all things | into consideration, moderated the penalty to one yeu imprisonment in the Penitentiary. DISGRACING A NOBLE NAME. Patrick Henry was arraigned on a charge of petit larceny, preferred by James P, White, who is e ployed'in the stables of Samuel C. Mott, in Twenty third street, Patrick pleaded not guilty, but when Mr. White took the stand and explained how the accused bad been found in the stable, under suspicious clreum- stances, on the night of October 12, he pleaded guilty. The Recorder, characteristically laconic, said: “Patrick Heury, you have disgraced your name; six months in the Penitentiary.” * FIrry. 8EVENTH STREET COURT. Before Judge Duffy. THE GLOVER OUTRAGE. In the case of Miss Georgiana Giover against Moses Redding, the music teacher and publisher, whom the | plaintif charges with committing a certain outrage upon her, Judge Duffy has issued a warrant for the arrest of the accused, and placed itin the hands of | Court Officer Leary for service. Redding has fled, and } ata late hour last evening nad not been arrested, SNEAK THIEVES AND RECEIVERS IN TROUBLE AGAIN. OMecers Joseph and John Cottrell, of the Twenty- | secoud precinct, brought to court yesterday John Campbell, Nicholas King, his wife, Mary, and daughter, Katie King, aged twelve, of No, 553 West Fortieth street, charged with stealing and receiving stolen goods. Several complainants appeared, and the girl Katie was called up to answer four charges—stealing fowls, milk cans, a bag of flour and a quilt. Her parents were charged with receiving the proceeds of these and other larcenies, besides being found m possession of about re marked | “M. AR.” A quantity of brass castings, alleged to have been stolen by Campbell from the Hudson River Railroad Company, Were also found in their possession, POLICE COURT NOTES. { On complaint of Mrs. G. W. Jouer, of No, 75 Fifth street, Williamsburg, Jobn Miller, a boy, wag hold trial by Judge Otterbourg for stealing $100 worth of silk, which the lady had lost in Lord & Taylor's Grand street store. The boy claimed that he was merely hald- ing the silk for two unknown women. Christopher Hans was arraigned before Judge Ril- breth for an attempt to break into the saloon of Charles | Koch, No. 14 Macdougal street, Ho was committed, Jeff Saunders, arrested inthe Fignth precinet for participating inthe July negro riots, was yesterday held by Judge Kilbreth to await farther developments. At the Tombs Police Court yesterday James 4 of Newark street, Hoboken, was held to anawer charge of stealing a gold watch and chafn, the p y of John Smith, of No. 13 Oliver street, from a room in the premixes No, 75 James etrect. Frank Bauer, of No, 500 Mott street, was yesterday committed for trial by Justice Flammer, at the Tombs, onacharge of breaking into the store of ie Carter & Co., No 87 Franklin étreet, and stealing there. | from a quantity of combs and bracelets, of the valug of $25. ‘The prisoner was discovered on the premises, se- creted behind an empty box. Heran away, but Was arrested by Officer Fay, of the Fifth precinct, on the corner of broadway and Franklin street. COURT OF APPEALS. Aungxy, Nov, 19, 1875. ex rel. Alfred A. Howiet et al., respondents, vs. The Ma: ror, &e., of Syracuse, ap- pellants.—Argued by George F. Comstock, of couyrel for appellants, and by L. W. Hull for respondents, No. 29. Robert Abercrombie, administrator, &e., ap- pellant, ve, Charles Holden, respondent,—Submitted. No, 25, Milton A. Thomson et al., executors, &g, re- spondents, vs. Martin Smith, survivor, &c., appel lant. —Submittea, No. 22, Richard W. Carter, et al., executors, respondents, va. Ashbel L. Dolby et al, appellants, Argued by Francis Kernan, of counsel for appellants, | and by Mr. Kennedy for respondents. No. 45. "The ‘People ex rel. Henry M. Bowet, et al yee ies va. Griffith Jones, commissioner, &c., et |, appellants, —Sabmitted, Proclamation made and Court adjourned, CALENDAR. The following is the day calendar, Court of Appeals, for Monday, November 7 Nos. 44, 41, 46, 49, 50. No, 43. The People, &c. 1875:— 52, 53, 56. UNITED STATES SUPREME COURT. Wanuixarox, Nov, 19, 1875, On motion of Mr. P. Phillips, Uri J. Baxter, of Grand | Rapids, Mich, and William J. Johnson, of the District of Columbia, were admitted to practise as attorneys and counsellors of this court In the United States Supreme Court yesterday the following cases was argued :— No, 50. Bressler vs. Maxon et al.—Error to the Su- preme Court of Niinots. The defendants in error claimed title, as owners of the soil, to certain stone quarried from the bed of Rock River by the plaintiff Hirsh vs. Groh.—Report confirmed, and distribution of surplus moneys ordered. Hall vs. Hagen; the Third Avenue Railroad Compan vs. Davis; McCready vs, Mackenzie.—Motions granted. | Matter of Humbert.—Motion depied; with $10 costs to Siener. | Rushnaupt va, The Mayor, &c.—Motion denied, with- out prejudice to a renewal. Boelen vs. Thurber; Boelen va. Thurber.—Complaints | dismissed, with costs, j Frebrer vs. Deppert.—Application granted and re- | ceiver appointed. | Levy ve. Burke; Friedberg vs, Bimhorn.—Motions | denied. | Fisher vs. Deppel.—Receiver appointed, | Verune va. Pratt.—Affidavit insufficient; it does mot | show that defendant is in custody, SUMMARY CF LAW CASES. In the case of the suit brought on bebalf of the | United States for the ronation of ten bar- | rels of whiskey, claimed by Mr, Aughstus Groot, | and seized for an alleged technical violation of the | revenue laws, the jury yesterday rendered a verdict | 1 condemning the seized whiskey. Judge Blatchford, | however, gave the clui ants leave to apply to the Secretary of the Treasury for a remission of the | penaition | In the suit brought by Jeremiah Towle against William gon and others, involving the question of title to the ownership of two lots on Twenty-fifth street, near Tenth avenue, tried before Judge Speir, of the uperior Court, a verdict was rendered yesterday for the defendants, the exceptions to be heard in the ance atthe General Term. This is one of seven similar suits, and it is likely to goto the Court | of Appeals. The plaintiff claims titie under a refereo’s | sale and the defendants under an old water grant. Application was made yesterday to Judge Donohue in Supreme Court, Chambers, on behalf of itr Freligh, proprietor of the B | the ex parte injunction granted after court hours on the day previous, forbidding representations of the drama “Si Slocum.” It was asked that the injunction | be so modified as | evening. granted an order to show cause why the injunction should not be continued, the order being made return. | able this morning, ' | COURT OF GENERAL SESSIONS. Before Recorder Hackett. BWINDLING AN EMIGRANT, Albert Hoffman and Pau! Burlick came to this coun- expected they determined to emigrate to Bromen, Ger- this country for man: | guage fluently. Neither of the others could speak & word of English, and they were easily induced by Mannheim to place their money, which amounted to 260, in big hands. He told them that tickets for the ocean passage could be bought much cheaper in New York than in Albany, and brongbt them to this city, when he took them toa sation with theclerk, and thon tarned to his compan- THE PANAMA RAILROAD COMPANY, “The delays almost unexceptionally inciaental to suite against large corporations are already beginning to show thomeeives in the suit brought against the Pane ama Railway Company by Mr. Freeman, a stockholder of the company, to restrain the latter from running wtoamers in connection with their lino, or from enter ing into a sontract for building or purebasing any steamshij that purpoee. to this effect Was granted, with an order to slow cause why the game should not be made permanent. The was set down for argument yesterday in Supreme Sour Cham| before Judge Donohue. pon the case berg called ex.Judye Fullerton, who ed on behalf of the plaintiff, stated that he was to argne the case, but Mr. McVarland, the oppos- ing counsel, proved to be absent and a plea in excure “was made of his having pressing engagem which Kept him away. Mr. Fullervon said the matter was important and should be argued atonce. Th vom nto consideration waa. A temporary injenction | fons and said that the tickets would not be ready for an hour, Leaving the office they started for a walk ound the city. Thoy stopped at several drinking Toney. Mannhesm declared that be had lost it from bie pocket, and an altercation ensued, which ended in the arrest of the pedier and his indictment for grand | lacceny. He was tried yerterday, found guilty, and senteuiced to four years’ imprisonment in State Irion, POCKETBOOK SNATCHING. While Margaret Riley, of No. 215 Tenth avenue, was walking through Dominick strect on the night of the 18th of last mouth a pocketbook, containing $32, was | Snatched from her band. Richard Brochen, alias fucbard Brocheu, a Iad of fifteen, who resided at No. 52 Vestry street, and who said he “worked on a milk | wagon,”’ was arrested for the theft, On being arraigned | yerterday he | lie Provectory. WEARING BORROWED PLUMES. A small boy called om Mee Abby Rosa, No, 6 Bank ded guilty and was sent to the Catho- if | was navigable or not at the point whero tbe stone was | jowery Theatre, for a modification of | before the sale to allow the drama to be played last | good This Judge Donohue refused to do, but | of their value. There being no appraisement, there- | jant, vs. John Winslow Jones et.al try a few months ago from Poland. They made Albany | this'cause was continued by Mr. EU their home, but not meeting with tbe success they had | counsel for the appellant, and by Mr. W. | the appellees, and concluded by Mr. E. U. Dickerson | for the appellant, many. They communicated their intention to Solomon |. Mannheim, a'young Polish pedier, who bad been in | Evander Murdock.—The argument of this cause was | years, and spoke th@ lan. | commenced by Dr. Warren T. Worden, of connsel for shipping office in Canal stroct, He held some conver. | here. The river in question is a tributary of the Mis- gissippl. The evidence did not show whether the river taken, but the Court beld that though a river may be navigable in fact, it is not so at common law above the point where the tide ebbs and flows. Above this point the bed of the stream was held to belong to the riparian owners in so far as to entitle them to protection against atrespasser. “Where the river is navigable, said the | Court, the public have an easement or right of passage upon it asa highway; but not the right to remove the rock, gravel or soll, except as necessary to the enjoy- | meni of the easement, This decision is assigned as error here, and it is con- tended that while grants of land bounded on rivers or upon their margins, above tide water, carry the exclasive right and title of the rantee to the centre of the stream unless er the terms of tlie grant clearly denote the intention to stop at the margin of the river, still, in this case, the grant being a patent from the United States, its terms 60 clearly denote the intention to stop at ‘the water’ edge, because the agents of the government had no aothority to sell more than was included in the survey | and plot, and grants of the government are tobe | strictly copstrued. The United States have political rights in the waters in such cases and in the soil under them, but no proprietary rights disposable to indi- viduals, Kelgour, Manahan and Edsall for plaintiffs | inerror. Burchard and Barton for defendants, No, 61. Mississippi and Missouri Railroad Company and Muscatine County vs. Cromwell.—Appeal from the Circuit Court for lowa. The appelice filed his bill against the appellants to establish his title to certain shares of the capital stock of the company standing on its books in the name of the county. “Tne right to thus transfer is claimed under aeale of the shares to | the appellee, ina proceeding in which the company | and the peeing A were defendants. The defence, in sub- stance, was that the levy on and sale of the Stock to the appellee were ineffectual, because the stock was piedged or hypothecated to the company as seourity ‘against ite guaranty of the county bonds. The decision below was for tho appellee, and it is here insisted that the hypothecation of the bonds before the sale pro- tected the company; that there was no appraisement at under the law of the State no be sold for lessthan two-thirds and chat! fore, the sale was void, because there was no determi- nation of value. Beside, it is said, the certificates were in the possession of the Union Trust Company, awaiting the disposition of the parties, and under euch circumstances oquity has no power to compel tho transfer. The remedy, if any the appellee had, was at law, Wright and Lowe for appellante, John A! Rogers for appelloe. so. 62. Rufus K. Sewall, administrator, &e., appel- —The argument of | U. Dickerson, of HL. Clifford for No. The town of Venice plaintiff in error vs. | | plasntiff in error. | THE SHIELDS CONTESTED WILL. In the Brooklyn Supreme Court yesterday, before | | Judge Tappan, a further hearing was had in the matter | | of the willof Henry Shields, formerly a President of | the New York Produce Exchange. The willis con- | tosted by Mrs. Jane Shields, who claims to have been | the wife of the testator previous to his marriage with | res, and finally Burlick demanded the retarn of his | Miss Lalor. Several witnesses were called for the de- | piers were then nearly completed; the inspection was fence in order to prove that the testator resided in New | York at the time the contostant alleges that she was living with him in Brooklyn. Mr. Henry J. Bower, of No, 122 Park place, Brook- lyn, testified that ho knew Shields in 1835, and’ at tbat time he was living in Elizabeth street, New York, and it was there that Shiclds introduced ‘him to a youn Indy named Jane Valentine. Richard Lee, of No. 21 | Elizabeth street, New York, knew Shields in 1836 and up to the time of his death.’ Never knew of the woman Jano Valentine, Elizabeth M. Folk know Shields, He boarded with her mother-in-law, at Spring and Bliza- beth etreets, for seven years, and afer her marriage | boarded with tho witness for three and a half yeara, | she never heard of Janc Valentine, Knew of his mar- riage with Miss Lalor. ‘ohn McLanghlin, of No 19 Prince street, New York, avd George Richard, Prosident of the Wilhams- burg Savings Bank, were examined, bat no new facts eliciled, The further hearing was set down for to-day, | his knowledge extended; he b: | been a shipbuilder for more than half acentury, and BOARD OF CANVASSERS. THEY ADJOURN SINE DIE—ANOTHER OPINION FROM THE CORPORATION COUNSEL—THE PROTEST aS TO MARINE COURT JUSTICES— WHAT CONSTITUTES AN ELECTION CANVASS, The Board of Aldermen, acting as County Canvassers, held their last meeting of this year yesterday, for the purpose of declaring formally the vote and candidates elected at the recent election, Alderman Gilon pro- sided. The totals of Sgures were read off by County Clerk Walsh and his depaty, when some trivial errors were corrected. On motion of Alderman Howland the vote cast for fifteen Aldermen at Large and twenty-one As- sistant Aldermen, im accordance with the law as de- fined by Counsellor Wolfe, and previously explained in the Heap, was stricken from the canvass, Resolutions of thanks were passed in compliment to the presiding oficer, Alderman Gilon; County Clerk Walsh and other officials employed during the canvass, POWERS AND DUTIKS OF THR ROARD, An additional lengthy opinion was read from Corpo- ration Counsel Whitney as to the powers and duties of the Board, and also in relation to the protest sent in against counting the votes for Marine Court Justices, The principal points of this opinion are as follows:— Mr. Whitney first gives a detailed statement of the routine duties of the canvassers, and then goes on to say — All this, as I have previously advised you, is a purely ministerial duty—namely, that of compiling the separate returns of the various districts and making out the statement of the result. The final act of the Board of County Canvassers is previded for in the statute as follows :—**Upon the statement of votes given for mem- bers of the Assembly and county offices the Board shall proceed to determine what person or persous have, by the greatest number of yotes, been duly elected to each of the offices mentioned in each state- ment,” ‘The words ‘‘duly elected’? would seem at first to stply that the Board had authority to go outside of the returns and determine whether the efection of cach otficer was authorized by law and had been in every | respect legallf and fairly conducted, This investiga- tion would seem to be preliminary to any decision Which the Board could possibly make that a person | had been ‘duly elected’? to an office. On the other | hand, if the Board of County Canvassers are invested with the immense responsibility involved in such a construction of the law they are constituted a judic tribunal of great power and importance, without any provision of law having been made for the proper ¢x- ereise of the judicial franchise, There is no authority ot law for the hearing of partics or the examination of witnesses by the Board of County Canvassers or for any of those proccedings which have, from time im- memorial, accompanied the exercise of judicial functions. In the case under consideration all the provisions of law have been observed which are preliminary to the action of the Board of County Can- vassers. By reterence to the notice of the efection which has been advertised {t appears that this election of two Justices of the Marine Court was properly noti- fied by advertisement, and, in point of fact, the election of two Judges of the Marine Court has been held—that is, the selection of men has practically and inf fact been made by the voting community for those two offices, whether the proceedings were authorized by law or otherwise. In determining what your statement of votes ought to cover you are not expected to look into tho law for the purpose of seeing what officers ought to have been elected and what not, It says that you sball make such statement of the votes as the nature of the election actually held shall require, When they have made, certified and attested these statements, and delivered copies of them to the L County Clerk, the law invests them with the responsi- bility of detormining what person or pergons have been duly elected, but {t specifically limits them in coming to this determination 10 the statements previously made by them and filed. This determination is evidently a ministerial and not a judicial one, so that the authority of the Board of County Canvassers comes to this:—Where an election has actually been held and duly notified, as in the pres- ent case, the Board of County Canvassers are obliged by the statute to make and file statements of the re- sult of the voting, based upon the returns of the can- vassers from the various districts, whether the notifi- cation of the election and the holding of the election. were authorized by law or otherwise, The determination whieh you are called upon to make is practically little more than a formal statement of the result of the canvass, and it leaves all questions as to the legality of the election to be decided elze- where. I am, therefore, of opinion that your Board is relieved from the responsibility of entering into the question whether there was authority of law for the election of the two Judges of the Marine Court. The election having been daly notified and held you are called upon to make a statement of the result of the voting, and upon such statement to determine what | persons have been clected as Justices of the Marine Court, whether the election was authorized by law or | otherwise. Afier the minutes of all meetings had been read and approved the Board adjourned sine die. THE DOCK DEPARTMENT. THB SENATE COMMITTEE INVESTIGATING ITS MANAGEMENT—THE CONSTRUCTION OF PIERS AND THEIR OBSTRUCTION—EXPENSES OF THE DEPARTMENT. The Senate Investigating Committee resumed its ses- sion yesterday morning at the Fifth ‘Avenue Hotel, Senator Booth was the only member prosent, and th witnesses were examined by John 1 Davenport, cow eel to the committee. The management of the Dock Department was the subject under consideration. President Salem H. Wales was the first witness called, ‘and he testified as to the number of persons employed in the department, There were upon the roll for the two weeks ending November 18, this year, 145 names, aver- aging less than half time. On the 17th of the present month the returns showed niwety-cight laborers at work. As office expenses there were $54,862 89 ex- pended from January 1 to November 1, 1875. The esti- mates for November and December were $5,200, mak- | ing for the yenr, $60,002 89, Thirty-two watchmen | were employed, divided into eight day and twenty-four night men. Cyrus P, Smith, Managing Director of the Union | Ferry Company, was called, and he testified that the Dock Department had never tried to extort money from his company; the lease of tho ferry privileges was made in 1870 for ten years at the rate of $1 per year, Oscar J. De Nyse, a fruit dealer on pier 21 Kast River. He testified that he was acquainted with one Fitzpat- rick, in the employ of the Dock Department. Last winter this man came to witness and wanted to know what it would be worth if he could obtain him a per- mit to keep a fruit stand on the pler. Fitzpatrick finally offered to get him a permit for $250, saying that | most of the money would not go to him, but to tho | office; upon consultat with a friend witness reported these facts to the Dock Commissioners, who examined him at length, and promised to further investi- gate the matter; the permit was not ob- tained. De Nyse also made a verbal and then a written complaint to the Mayor upon the subject, but nothing was done by the Mayor about it, so far as | continued to do busi- | when he conversed with Mr. | ness upon the pier; Wales upon the subject the latter advised him to give Fitzpatrick a marked bill or hand him the moncy in the presence of a witness, but Fitzpatrick never after. ward demanded money from him, John Maginn testified that he bad been « harbor mas- | ter for two years and nine months; his district ex- | tended from pier 41 North River to Spuyten Duyvil Creek; many of the bulkheads and piers were much crowded and a number were exclusively occupied by steamship companies under authority of a new law; from West Eleventh street to Fifty-ninth street some of the piles of brick and lumber look like forts and greatly interfere with the commercial interests of the rt. The witness, however, did not complain of the Hock Commissioners, as. he thought they did as well could be expected under the circumstances, though at times they were very indulgent. Mr, Wales then submitted several papers, among which wag a list of the leases by the department since | 1870, and ‘a statcment of expenses for repairs to the floating property fre.n January to November, this year, showing them to be $37,008 Commissioner Westervelt testified that all lessees | were required to keep the surface, backing pieces moving piles of their piers in order at their own expense, and also to do their own dredgit no leased property had ever been repaired at the depart-. ment’s expense; while he was President most of the Jumber used was purchased from Messrs. James Bigler & Co.; the delivery and quality of the lumber were inspected by the foreman, the duly anthorized in- spector, and frequently by himself; the witness had considered himself an expert in lumber; the contracts wore yearly awarded by a public letting; at one time he was Superintendent of Repairs and Supplies, and was inthe habit of inspecting all the lumber furnished; when inferior lumber was turvished it was sent back and required to be replaced by good. William E, Demarest, a ber ini tor, then testi- fled:—Had examined the lumber used by the Duck De- partment in the construction of piers at the Hoboken ferry, Charles street, Canal street and others; the Made at the suggestion of Mr. Jackson, Second Auditor of the Finance Department; much of the lumber used was sappy, the yellow pine being of an infertor quality; some of the lumber in the pierk was even rotten; inspection was made before Mr. Wales was Commis. sioner, The yellow pine now being used was of a better quality than the ordinary pine which was ned gid pat | into the piers; great care should be taken that ft should | ‘be free from sap. ‘The witness judged that of the piers that be examined there were twenty-live to thirty por cent of ‘seconds’? or inferior lumber. Thomas Pickering testified that ho was a broker at resent; for two years was Superintendent of Floating Prey perty inthe Dock Department; his position was abolished Jast June on the score of economy, although the salary of the Commissioners been inereased ; hie pay was $2,500 a year, but since his retirement threo men had been employed in doing the same work at $1,000 each per anuam; the witness afterward ad- mill? shat one of these tovk the piace of « clark whiab | the greatest order, much to the credit of the officers. | the Commissioners who are to decide on the question | Consent. The list of these property owners which is to | be submitted to the Court as | bly until March, Then, says Mr. Cowing, the com. | for the entire hag "01 7 had; the witness described bis duties, and said toes he found @ very inferior class of men in bis department when ho emtered, whom he endeavored to replace by those of experience and qualified to satisfactorily do the work required. To age by Mr. Davenport about the cost of dredgi rr. Pickering said that it ‘was about thirty cents gf 8 rd. ‘The investigation was then adjourned till half-past ten o'clock this morning, BOARD OF POLICE. The Police Commissioners yesterday appointed the following named persons patrolmen:—Hugh 0’Rorke, E. L. Phachieo, John 8. Linscadel, Adolph Hummel, Joseph Sawyer, Timothy Salmon, John Madison, M. J. Shields, John A. Meary, Stephen O’Brien, John W. Me- Gloin, Justin McCarty, Clemens Miller and M. Moore. Coptain Ward, of the Twenty-second precinct, was fined fifteen days? for cattle through the curgota, Permitting the driving of Patrolmen Dolan, Thirtieth; Short, Nineteen! Stark, Fourth precinch were imunissed ‘rom the. ‘ae partinen e complaint against Sergeant 1) of the Thirty-frst precinet, was ‘dismiasea.” wien The Comipittoe on Discipline reported in favor of dismissing the complaint against Chief Clerk 8. ©, Hawley, on charges of appropriating public property and having work doue for himself by men under pay fn the Police Departinent. After full investigation committee found no evidence to incriminate Mr. Haw- ley in the matter, By a unanimous vote of the Board the complaint was dismissed, BURNING OF THE D. R. MARTIN. THE FIRE SUPPOSED TO HAVE BEEN CAUSED BY INCENDIARIZS—WHERE 1T ORIGINATED—A SEARCHING INVESTIGATION TO BE MADE. , The steamer D. R. Martin, belonging to the opposi- tion line of Staten Island ferryboats, was yesterday pumped out by the Coast Wrecking Company and towed off shore to their dock. ‘Ihe damnge done by the fire has not yet been fully ascertained, but from all appearances it will be considerable. So far as can at pres- ent be understood her hull has not suffered, the lames having only consumed .the Joiner work and scorched the upper timbers, The hog’s back has not been in- Jured, but her machinery {a said to be badly hurt in so far as that the cylinder has been cracked and warped to aconsiderable extent Her shaft is also cracked, while the boiler will have to be replaced by a new one, The vessel was insured to the extent of $40,000 in different companies. Her value is set down at $75,000. She is the property of Mr. Birdseye, and is ran by that gen- tleman independent of the Staten Island Ferry Com- pany, which, it will be remembered, was enjoined by | Judge Van Vorst from operating their ferry saon after | its first Inception in May last. The war carried on between this line and the old Vs derbilt line is fresh in recollection, and the bitterness | with which the old company have sought to drive Us new competitor trom the ficld is also well known. In fact, it would seem, from the inquiries made yesterday in regard to the burning of the D. R. Martin, that the disaster is looked upon not as an accident. The actual origin of the fire has not been definitely ascertained, but it is the intention, on the: part of those interested in the new line, to make the most THOROUGH INVESTIGATION, with a view to thoroughly determine whether the bura- | ing was the result of accident or the work of an incen- diary, From the statements made yesterday by the | employés on the boat, as also by some two or three | passengers, it appears to be the impression that the fire could scarcely have resulted from accident These statements, which were made in thehearing of the Henatp reporter, show that the fire was first discov- cred on the lower deck, between the stairway and the cook’s kitchen, and that at the time it was first noticed, | the vessel being between Robins’ Reef light and ‘the old Quarantine landing, the smoke was rushing u) the staircase and emitted a strong odor of oil, which has led to the bélief that some evil disposed person had dropped some combustible matter at the point named for the express purpose of fring the boat. This could easily have been done without attracting notice by say ‘one going from the main to the upper deck. e number of passengers was excecdingly small, it | being the half-past three o'clock P. M. trip, and the | supposition is that some cotton waste, just ready vo ignite, was thus thrown down. That tho fire did not | originate in the kitchen has been definitely deter- mined, for there was no lam| lit” there- and the kitchen is _ line ail round and over the floor with iron. The stovepipe ts also enclosed within an outer pipe of iron, leaving a free air paseage of four inches clear. At the back of the stove, too, there is an air chamber of some nine or ten inches, — protected on the inner side by tron plates. The cook at the time of the fire was lying asleep on the locker close by the entrance to the kitchen in the after lower cabin, Mr, Frank Smith, the collecting clerk on the | Martin; Mr. @e Forrest, a passenger, and several | others all agréo as to the peculiar smell of oi} noticed when the flames first broke out, and it would be dim. | _ cult to understand bow any oily matter could be in the | place referred to, unless purposely placed there, for it is a spot entirely away from the engine. It has also been ascertalued beyond doubt that, as was stated in the Henan yesterday, there was __ NOT THE SLIGHTEST PANIC among the peaeebaett and that their disembarkation from the burning boat was conducted’ th: out with There was, however, considerable excitement among the Staten Islanders on the fact becoming known that the Martin was on fire, The universal opinion, so far as could be gathered, was that this was another device W line from the Island. Mr, Pendioton, the manager of the new company, states that it ie the Intention of the owner of the Mar: tin to immediately replace her by another boat and that his agents are now actively seeking to charter a steamer for t pur) Indeed, he expects, he said, to see another steamer on the line to-day. A BURVEY TO BE MADR. The committee and surveyors of the Board of Fire Underwriters will to-day proceed to the Coast Wreck- ing Company's dock aud make a survey of the vessel, to determine what the loss is, Captain Sowfield, the commander of the Martin, has as yet made no report, but is expected to do go to-day both to the United States steamboat Inspectors and to the owner. The two men who were scalded by the explosion of the steam pipe were taken to the Smith Infirmary, at | Tompkinsville, where they now remain. Their Inja- riog are of a very painful nature, but are not necessa- rily considered dangerous. RAPID TRANSIT. THE PROPERTY OWNERS DECLINE TO GIVE THEIR CONSENT-—APPLICATION TO BE MADE TO THE SUPREME COURT, ‘The New York Elevated RaiJroad Company announce that on the reassembling of the General Term of the Supreme Court, on the first Monday of December, they | will make formal application for the appointment of whether they can build the elevated roads on the routes designated by the Rapid Transit Commission. | The company has made the canvass among the property owners along their routes, in order to procure the con- sent of thoso owning more than one-half of the property in value, as the law provides, and re- port that more than half have refused to give their proof of their action in declining to consent forms a formidable volume of 273 pages of foolscap, and the total valuation of the prop- | erty along their new routes excee 1,000,000, Upon — examining the list it appears that but very few prop- erty owners have been public-spirited enough to con- sent, and there is a list of about thirty who would only consent to a road in the centre of the avenue, Among those objecting are the well known names of William | B. Astor and Cornelius Vanderbilt, The company, | however, desire to state, in justice to the latter, that he has aided them ns far as he could, and has refused to countenance the opposition of the Third Avenue Rail- | road Company, If the Commissioners are promptly appointed by the Court and give a decision favorable to the company the masonry foundations will be imme- diately put in along the lower portion of the east side Toute, but, as some legal i A 18 more than probable, the beginning of the work wiil in all likelihood be de- forred until the extremely cold weather is over, possi. pany’s secretary, the road will be pushed forward with the greatest vigol A LONG ISLAND HARVEST. Captain Benjamin ©, Payne, residing near Sag Harbor, has harvested a remarkable crop of corn from afield of fifty acres. The yield is 110 loads, or 5,100 bushels of corn and 100 tons of stalks, which, at forty cents a bushel for the corn, would amount to $2,040, and the stalks, at $8 a ton, to $800—a total of $2,840 This is believed to be the largest | crop ever raised from one field on Long Island. Cap tain Payne and his son Gilbert have aiso shown what can be done in the menhaden business or converting fish into of! and scrap. They have received at their factory this season 7,500,000 fish, and manufactured 640 barrels, or 27,520 gallons of oil, which they have already sold, and 800 tons of scrap. 'The oil, at forty cents a gallon, amounts to $11,008 60, and the scrap, at $13 a ton, to $10,400 moro—a total of $21,408 60, DELANEY'S HOPES. Delaney, the murderer of Captain Lawrence, is strongly in hopes that he will either cbtain a new trial ora comrmutation of sentence, He is now in commu- nication with counsel with the view of obtaining the former if possible, on the ground that he was inade- quately defended, and that he really was not guilty of the killing of Captain Lawrence, and it is understood that the Quakers ot North Hempstead and Oyster Bay are moving for commutation, Delaney is mach more tractable now than he was a week or two ago, and has not succeeded again in removing bis irons since the justrument with which be cut them before was die eowerad in the turnover collar of big woollen shirt, at alow premium, THE PEOPLE'S SAVINGS” Recent Legal Restrictions on Their Investment by the Banks, a SHALL THE INTEREST BE CUT DOWES Movement by Brooklyn and New York. Banks in That Direction, Some weeks ago the officers of tho savings of Boston met and took action looking to a com! movement on the part of the institutions they repre’ sented to reduce the rate of interest to be paid ta depositors, This action met with little encouragement! in this State until a few days ago, when all the savings’ banks of Brooklyn, with one single exception, met and resolved to reduce the rate of interest to be paid’ to depositors after the Ist of January to five per cent,’ Provided the banks of New York will join them in the movement. In support of this rather conservative policy the financiers agree that it is the only safe mode of getting around a perploxing diffieulty— via, the placing of new deposits where the banks can realize sufficient profit to return the acpositors six percent, They maintain that no channels of mvest- ment are open to them whereby they can carn six per cent; that they are restricted by the law of last May to investinents in governments, city and county bonds and loans on real estate, and that with government fiv per cents at a premium of fifteen per cent, six per cont governments scliing at from 121 to 123, New York State six per cents at 112 to 115, city, county and town six per cents at about 10154, and Brooklyn six per cents at 108! to 1094, all the sources of investment at apomt that will realize six per cent per annum are closed tothem., The only resort left them is mort. gages, and these securities are not available. Money ia so plenty in the hands of private capitalists that alf good mortgages are taken up as soon as offered. THE FEELING AMONG NEW YORK BANK OVFICIALS. With a view of ascertaining the feeling of the offleerg of prominent New York savings banks as to the pr posed reduction of one por cent in the rate of interest, the writer yesterday vieited a number of institutions between the Battery and Fourteenth strect, and ia, every instance found these officials in.favor of the pro- posed reduction, The Secretary of the Bond strect’ Savings Bank, while deciaring that ho knew not what! action would be taken by the banks of this city, dia-' closed that the movement was calculated to protect the interests of the depositors and the banks as well, The banks fihd great diffculty in placing their surplus funds where they can realize six per cent., except im case of loans on bond and mortgage. Upon these they can reahze seven per cent, and consequently can pay de. positors six per cent,’ but in the case where a bank has a heavy surplus on hand seeking profitable use owing to the judicious restrictions of the law its trus- tees will experience difficulty. He was in favor of thé proposed reduction as a conservative measure that ‘would benefit all parties directly interested. ‘An officer of the Dry Dock Savings Bank declared that the banks would be compelled to take some such action as that proposed. Real estate had experienced such a shrinkage that parties seeking money on mort- gage wanted more than the banks could safely advance, | and consequently it was impossible in the case of new depesite or surpluses on hand to place them where the bank could realize seven per cont upon its advances, The old banks, which had invested in certain lines of securities that still bring them in soven per cont, in his opinion could overcome the difficulty by regulating, their dividends, but with young banks it would be diff” cult to do go, ‘Tho seerctary of one of the most reputable German banks in the Bowery expressed his approval of the, movement. “The firstduty,” said he, “of the trug-' tees of banks for savings is to comply with the letter and spisit of the Jaw, which is scldom wrong. The second duty is to protect the interests of depositors ag they protect the interests of the banks of which they. are trustees, The act of last seasion restricting us to certain classes of securities is a good one, although’ | there are trustees who think thoy should have certain latitude in the way of accopting risks. Our bank cam afford to stand on its merits and ignore this proposed combination in the interest of a reduction, but all savings banks and all depositors’ interests are so closel identified that no wall of partition can be drawn tween the trustees and the depositors. The former are merely the guardians of the latter, as the executors of an estate aregbe guardians of the minors named in will, Their interest cannot be separated so long as! the trast continues. It becomes a question here fot consideration whether the trustees shall divorce them- eelves from the depositors and they shall act at crosa urposes, Their interests, certainly, ure identical, tr one suffers the other suffers. 1am in favor of a concerted movement, on the part of all the savings banks, to reduce the rate of interest to five per cent, but I speak mercly as an individual who has read the papere and is familiar with the financial problem.@ Mr. Brown, the President of the Bowery Savings Bank, one of the veteran institutions of ( ity, @X- Plained his views fully. He discussed the financiat problem at length, the relations between trustee and depositor, and expressed the belief that there was no necessity for concerted action on the part of the banks f Brooklyn ard New York, as their lines of securities Vere so varied that each bank could*est protect It ‘own interests and those of its depositors by individu action, In the case of the bank of which be was the head, he said they had invested heavy surpluses at @ time when governments and other securities were and consequently they were enabled by dividends to profitably treat with deposi~ tors. Yet those young banks that had no such adv: bod and had a good run of deposits would have dit culty In placing the deposits of their patrons wherq they could realize suflicient to justify a goneral interest rate of six per cent. Mr. Brown stated that he wag not aware of apy contemplated union of the banks of the city with a view of augmenting the rate of interest and he intimated that his bank would act ajone and. make the best dividends it could in the interest of ite patrons. In response to the question whether there was a probability of the New York savings ba tering into a combination such as exists betwe insurance companies and the chartered banks, as rep» resented inthe Clearing House, Mr. Brown expressed no opinion, Many officials of other savings institutions were visited, and all exprossed themselves in favor of a reduction of the rate 0. interest, but declined to com- mit themselves to the policy suggested by the Brook- lyn and Boston banks, preferring to allow the trustees of each institution to act upon their own judgment, GOOD SENSK. There certainly 7 in view ofthe shrinkage of real estate, a necessity for some such action as is proposed. Under the law of the jast session of the lature say ings banks have beon restricted and their powers very, materially curtailed. Heretofore many have been man- aged under special charters, and they were allowed ta pay various rates of interest to depositors, One result was that a competition resulted between the yarious banks to give the best terms to depositors, and naturally some banks, anxious to overreach a rival in- stitution, assumed risks that were fraught with great danger. Tuckily, the act of say last forbade all such, chances and placed all on a pi Séction 83 of that act restricts all trustees to the payment of not morg than six per cent on deposits, Section 26 of the 4 ‘cuts off all chances for trustecs to bazard the savings of the poor depositors upon the rise or fall of the markeé by investments in wild-cat securities and restricts the loans to the following classes of securities :— First—United States bonds, Second—New York State stocks, Third—Stocks of othor States, excépt thore of Stat that have repudiated or defaulted in the payment o| their just liabilities, Fourth—City, county, town or village bonds, Fiftk—Bonds and mortgages in this Stato worth twice the amount loaned, and on unproductive real estate the trustees shall not advance more than forty’ per cent of the actual value, and Sizth—A plot of ground for the erection of buildings to be used for the business office of the incorporation,’ and a portion of which shall be set apart for other busi- ness from Which a revenue may be derived. In the latter case the law provides that the cbst of the said structure shall not exceed fifty per cent of the n las of the bank exces 4 written permission of the Buperintendent of the Banking Department of the State, NO CAUSE FOR ALARM. , ‘Thore is certainly no cause for alarm in this propost- tion on the part of the savings banks of Kings county, It is a movement forced upon them by the general depression of business, and there is no reagon to Jus- tuy the opinion that It is opposed to the true interests of depositors. Every intelligent man or woman, who has patronized these establishments, will agree that depositors cannot expect to realize from the savings banks more interest than the banks which assume all the risks involved realize upon the money they ro- ceive on deposit and reinvest for the depositors, Hence, if there is a probability of the presont depres- sion being continued, this is a conservative policy that will commend itself to every common sense depositor, THE DANGER ANKAD. ‘The probable effect of concertet action on od od of the savings banks of New York and Brooklyn looking to juction of one per cent in the interest on doposite may readily be foreseen, A large number of persons who place their savings in these institutions are not sifted with sufficient intelligence to consider the o upon the ngs banks of the sudden fluctuations in securities, Having for years been accustomed to draw their five, six Or seven per cent interest on deposit when a proposition is made to reduce the rate to Ave per cont they will not study the moncy market and [CONTINUED ON NINTH PAGE)