The New York Herald Newspaper, February 2, 1876, Page 8

8 THE COURTS. A Further Hearing in the Pacific Mai Suit Against King. Ex-Treasurer Baxter and Director Talcott on the Stand. The Order of Arrest Against Dun- can, Sherman & Co. Excluding Colored People from Places ; of Amusement. ANOTHER ROSE MICHEL INJUNCTION, ‘The proceedings m the suit of the Pacific Mail Steam- eb)p Company against William 8. King were resumed yesterday before Mr. Edwin M. Wight, as commis. sioner, at his office in the Drexel building, Measrs. Henry S. Bennett and John M. Goodwin acting as re- | spective counsel for plaintiffs and defendant. The first witness called was General Henry H. Baxter, ex-treasurer of the Pacific Mat! Steamship Company. Ho testified that he did business at No, | 29 Broad street; that he was director of the Pacific Mail Company in 1871; that he went Bouth in the fall of that year, and that he sent im bie resignation in 1872; he could not tell exactly the date on which it took effect; he was a member of the Executive Committee In 1872; this committee transacted the business of the company !n the absence of the Board; they also met onco a week nd transacted such business as came before them; Shere was no especial power conferred on members of the Executive Committee. In responsg to a question as to their power to perform Epecial duties, Buch as ins fluencing special legislation, the witness said that be knew of no power conferred upon them which wag not conferred on every director. dar. Bennott— you know why Mr. Abercrombie, at treasurer of the company, resigned? otciie zt No, gir. 1" Fer id you not hear that it was because he was requested t6 Fesign on account of a check which aX Tofusyd’ to «plgo, Mr. Abercrombje thinking it ri Fit be in vieRition of bis duty to sign it? ne 7, Byxter—i do not remember anything of the Skind + ‘ Mr. Bennett—Did not the Board of Directors pass special resolutions in regard to it? Mr. Baxter—I do not remomber. Mr. Baxter, in the continnation of his evidence, tes- | tifled that he was not present at a meeting of the Board op Apri ‘Yi, 1872, when the appointment of Benry mith as treasurer was entered on the minutes, At that time Mr. Stockwell was president of the Board of Directors, He remembered that efforts were made to obtain a subsidy at Washington. Mr, Bennett—Who was em) terest of the company at Washington? Mr. Baxter—I do not know of my own knowledge | who was, but I heard that Mr. Ban Francisco agents, was reece 2 Mr. Bennett—Were you not att! with Mr, Stockwell in some joint transactions ip Pacific Mai! stock? Mr. Baxter—I don’t remember that I wae. Mr, Bennett—Did you not about this time settle the uit of Chaliis against the Pacific Mail Steamship Com- pany or deliver the papers forming the consideration Jor the settlement? ’ Mr. Baxter—1 knew of the suit, but did not settle it Pas deliver any papers in connection with it; I met odge Fullerton and Challis and oiber lawyers at the request of Judge Neleon. Mr. Benuett—Was it not settled by the dehyery of “pute” on several thousand shares of the stock ? Mr. Baxter—I do not- know that it was; he was pot acquainted with John G. Schumaker; Mr, Btock- ‘well was at the Fifth Avenue Hotel when he went there to see Challis, with Judge Nelson; bo did not know thatthe Challis snit was settled in consequence of threatened developments in relation to money ex- ded in Washington; he never heard of a telegram ‘om Mr. Irwin to A. B, Stockwell telling bim that that suit muet be settled or the subsidy would never be granted; Mr. Stockwell and he did not constantly ad- Vise togother in relation to the sult, he did not know Bow mich the settiement had cost the company, and never made jt hig business to inquire into the Irwin, one of the to the matter. matter. At the conference which took place at the Fifth Avenue Hotel, when endeavors were made to settle | the suit, Mr. Baxter said he was not permitted to be | preseut. Mr. Goodwin—Was not the entire managemont and control of the company given over to Mr. Stockwell while he was President by the directors? was the whole company f Mr. Baxtor—Yes, emphatically so, Frederick A. Talcott, another of the directors of the company, was next culled. He was asked as to a meet- img held’ cn November 28, 1874, the proceedings of whieh were kept secret. He said’ that before leaving the room the directors agreed to have nothing to say Ip regard to the meeting. Mr. Beunctt asked him if he heard any charges of corruption in relation to Mr. Stockwell made at that meeting, and if a portion of the records bad been ex- pungea. Mr. Talcott said that he could not answer the ques- tion in justice to himself, as it would not be honorable for him to do so. Some discussion ensued between counsel and wit- ness, which ended in the latter refusing to answer. The decision of the Commissioner in regard to the question was that it was a proper one, and that the Ceurt would protect Mr. Talcott in bis refusal. Mr. na sald that if he was forced to answer he 80. might consult with his client on torcing the question, and further hearing was adjourned tll to-day at hall- past ten, DUNCAN, SHERMAN & CO, Another motion to vacate the order of arrest against Duncan, Sherman & Co. wus argued yesterday before Judge Barrett, in Supreme Court, Chambers, in the suit ef Washington A. Roebling and others against the company. An order of arrest was originally granted by Judge Lawrence in this action against the defend- ante They were arrested on the 6th of October last | and gave bail, The dofendants then moved on the lith of October last, before the same judge, on voluminous | papors, to vacate such order. After argument and sab- mission, Judge Lawrence in December last denied the defendants’ motion, with costs, thus maintaining the order of arrest and delivering an elaborate opinion, After the order had been entered denying the motion | as related, detendants moved for deave to renew, which was granted. In the meantime judgment had been entered. The defendants served pew affidavits, and, wpon the motion coming on last week, Mr. Henry H. Morange, counsel for plaintiffs, raised the prelimi- Bary objections that the motion could not be made after entry of judgment where the arrest had been made twenty days before judgment, The Court held that the point was well taken, bat opened the judg- Me€vt 80 aS to enable the motion to be heard, and the motion was acoerdingly yesterday argued on its merits, Mr. Larocque, counsel for defendants, read affidavits to the effect that the banking house had never belonged to the firm as at present copstivoted, but to the former | firm of Duncan, Sherman & Co., and that Witham B. Duscan owned bot a one-third interest therein; that the deeds to Alexander Duncan in 1868 were made in good faith, and that the defendants cunnot be held re- sponsible for the failure not to record; that the de- Jendants bad large deposits in the Union Bank of Lon- don at the time they sold the exchange to plain! and that ifthe bank did not pay the draft 1 was wv thoir fait. Mr. Morange, on the plaintiff’ behal read affidavits showing that in January, 1875, the de. fendant Duncan bad sworn before the Commissioners ‘of Taxes that the property Nos, 9 and 11 Nassau street was his own, aud claimed a deduction of $60,000, which was ‘accorded him; that the deed em. the Lycoum had been ‘executed in blank, and Alexander Duncan's name inserted just before the record, in July, 1875, and the same allegations were made in reference to the assign. ment of certain mortgages; that the defendants fared to produce any correboratia, Jetters from the Union Bank of Londo 1s had elapsed since the orrest of ndent; that the pupors of deteudant showed no cre geaene | data as to waere they were to obiaiu, the relief so much sought | for; that even if they had obtained a Joan it would have been but plunging spective counsel Supported their respoctive pesitions at great Jongth, Mr. Morange expressing the conviction ‘that the pame of Dancan, Sherman & Co. could exert | Bo potent spell iu Our courts, and that to vacate the order would be not only a dangerous precedent but wou'd diminish the respect which the communtiy en- terlained for the courts of justice. Mr. Larveque made in the course of his concluding argument 4 strong point of the fact that when Duncan, Sherman & Co. closed the doors of their bankin; Bouse their credit was unlimited; that their stan bos Bod eae Pn a bd as firm and unshaken granite; tha only object of suspendin; ments ‘ at the thine they ai was to ave everything to thelr creditors, ained that, owing to the great shrinkage in values, there was a possibitity that whey would not be able to meet their liabilities, and that [nd to save their creditors to the farthest ex- all he porsersod, even to his personal property. After hearing the argument, which ‘was substantial as on tho original motion, Judge Barrett tool papers, reserving his decision, TESTING THE CIVIL RIGHTS BILL. | » Jn the 9 Ciroult Court yesterday a suit commenced by Augustus D. Leighton againaet ployed to protect the In. | is time interested | In fact, he | . Bennett then asked for an adjournment, that he | themselves deeper into an | abyes of insotvency which had long existed. The re- | their power exch member of the firm gave up | NEW YORK HERALD, WEDNESDAY, FEBRUARY 2, 1876——WITH SUPPLEMENT. San Francisco Minstrels, under the Civil Rights law, for refasing him admittance to their theatre, and de- mards $500 damages under that act. Mr, Leighton is a very respectable colored gentleman, and had pur- chased two seate for the evening's entertainment on December 30, 1875, and invited a lady to accompany him. On presepting the tickets to the doorkeeper it is alleged that he Was refused admission, his tickots were takep from bun, his money returned and then | with his lady be was turned into the street. Deeming | injustice done him he seeks to avail himself of the } Civil Rigs bill, passed last March by Congress. This | | being the fret civil suit commenced in this district | under the Civil | attorneys for | tend to make a it to the Supreme ton, having abundant support, in- case of it, and, if necessary, carry rt of the United Statics, —— ROSE MICHEL AGAIN IN COURT. In the Superior Court, Special Term, before Judge Sanford, Messra, Shook and Palmer, proprictors of the Union Square applied yesterday through their counsel, Judge jkoefer, for an injunction against | Francis 8. Street apd Francis 5, Smith, to restrain them from publishing thestory of Rose Michel in the New York Weekly, of wich they are proprietors, The papers on which the appligation was based allege that Shook & Palmer purchased the original manuscript of the play, j both in Wrench and English, from Ernest Blum, of | Paris, the author, for a large sum; that they are the owners of the cop$Plght of the play;’ that their right and ownership in play was affirmed by Judge Curtis of the Superior in the action by the same plain- | tiffs against Mr, uustin Daly, of the Fifth Avenue | Theatre, after @laborate argument. A tempor: injunction was gi , with an order to show caus why the same ld not be made permanent. The | order was made | next Tuesday, ment, the matter will come up for arga- aE SUMMARY OF LAW CASES. The givernmen} brought suit yesterday, the United States Court, against the New York , to recover $1,000, alleged as due joe. granted yesterday by Judge Bar- | rett, in Supri t, Chayibers, in the cage of Thomas Car} convicted of burglary, and Babi Jacobosky,c of keoping a disorderly house, | Both cases-w! | eral Term, for The various ) ip the city where the police recent test in the courta ence with their successful defence tothe Supreme Court, Gen. of different theatrical places and liqaors are seld, on which Sescents, have decided to gality of such police interfer. ness. Ex-Judgo Curtis, whose ‘the Tivoli Theatre case is stili fresh in the public themory, has been ret as coun: sel, and will bring matter to tria erre Jo Brovy of gpeward, aud Edward Seorano, bark¢over, boll ved upon the gtcamship Pereire, of the Transatlant lec] ‘Wore arrested yesterday, the former upon a c of smuggling and the latter for attempted smuggling. They were brought before United States Commissioner Shields and beld in $500 bail each for further examination. Le Brony was seen to leave | the ship by the Ci ym House officer on the dock un- j der yatber suspicious circumstances, and, refusing to be searched, it was forcibly done, and a number of toy balloons taken from him, charge of a police officer, Some time since, in the suit of Randel) against Dusen- | berry, trustee, under an assigoument from one Cecali Uylér, a judgment was obtained by the plaintiff for | $5,410, with directions that the same be paid in prefer- | ence to all other claims, out of a particular fund in the | defendant's hands, Ona failure to comply with this the Superior Court, Special Term, to commit Mr. Du- senverry for contempt of Court. ‘In his decision upon ; the motion, given yesterday, Judge Sanford holds that | | while the remeay by execution against property is available, be is of the opinion that neither justice nor | | the law would permit the incarceration of a judgment | | debtor under a non-bailable attachment as a means of | | enforcing payment of a judgment. He thinks the | policy of our law is more jepient and humane, | In the suit of David Rosenberg against William Mor- | | ris, Charles H. Smith appearing ag attorney for plgin-" | | tiffand David Levy for defendant, yesterday, before Judge McAdam at Marine Court, Chambers, queer cir- | cumstances arose. Morris made oath that he has been | | in custody for want of $200 ball for a month past, that | one Hegorman received $17 from him m the Jail, prom- | ising to get bim diseharged from arrest, but ‘that notb- | | ing had been done. Mr. ©. H. Smith showed a notice of | appearance from D, A. Levien,Jr., as attorney for Morris, | and argued that Mr. Levy could not be heard for the | | defendant as his attorney, The Court sustained the | objection subject to heariag Mr. Levien and Hogerman, | | both of whom were ordered to show cause for the ap- | parent contgmpt, Hegerman could not be found, and \ Mr. Levien attended and stated that he had never | authorized = the 2 or use of his name, | which he was sorry mages been frequently em- | ployed by Hegerman herotofore without authority, and | | that he desired the assistance of the Court to put a | stop to it, Judge McAdam accepted Mr. Levien’s state- mentand Sstaaren the rule against him, but contin. ued it against Hegerman, for whom Mr. Levy will search, and then ordered that Mr. Levy be substituted as Morris’ attorney. Mrs. Morris was in court and being examined on oath by the Court testifiod that she } and hi } tion, wholly dependant for support upon the exertions | and earnings of Morris, who is a peddier by occupation. | Upon that testimony and the consent of Mr. C, H. Smith, for the plaintiff, the Court made an order dis- charging Morris from arrest. but gave the plaintiff Jeaye to prosecute bis other civil remedies, to appoint a receiver and collect some outstanding accounts be- longing to Morris. DECISIONS, SUPREME COURT—CHAMBERS, By Judge Barrett, Matter of Bernbard.—Report confirmed and order 4. granted, The People, &o., vs. Lee. —Proof of service wanting. Macauley vs. Diggles.—Defendant may interpose an answer upon payment of $79 60 costs within ten days, and upon within like time giving a bond in $500, with one surety, to pay any damages which plaintiff may recover herein, Allyn ys. The Petroleum Fire Extinguisher Com. y.—Why was not the order to show cause served | upon the President or other officer of the company? | The ammount of the assets not shown. ‘Tredway vs, Bresien.—Proof of service defective. Stewart vs. Stewart,—Action continued and leave to file a supplemental comptaint granted. | Maskell ve. Krause.—Defendant may interpose an | answer within five days on payment within such five | days of the costs as adjusted herein, and $10 costs of opposing this motion. | all proceedings to stand as security, | Garry ve. The Mayor, &&—The $20 must be dis- | allows Memorandum. | Lewis va. Ross,—It seems to me that the plaintiff is entitled toan order vacating the stay of proceedin; with costs, and Ido not undergiand Why he asked an | | order Uenyrng the motion. Kin, quire i Hallahan to cance) jndgment denied, with $10 Citizens’ National Bank of Waterbury vs. Holmes,— Motion granted for first Friday of February, Owens Ys. Butler.—Defondant may interpose an answer properly verifled by defendant and followed within five days on payment of $10 costs of opposing this motion. Bathn .anahan.—It would not be fair to re- ceive defendant's affidavit, Motion granted, and de- fendant may serve bis answer in two days on payment of $10 costs and stipulating to accept short notice of triat for February term, &e. Wright vs. Underhill. —Motion dented with $10 costs, Momorandum. Kingston National Bank ve. Sharp et al.—Motion for receiver granted. As to motion to punish for contempt, it is referred to George S. Sedgwick to take proof as to the alleged violation of the imjunction and to report with his opinion, and if he shall report that the defend. ants are guilty of contempt charged, that he then re- port further what damages the plaintiffs’ assignee has sustained and what compensation should be awarded to plaintiffs’ assighoe, &c. | SUPREME COURT-—CIRCUIT— Pant 1, By Judge Van Vorst. | Higham vs. New York and Harlem Railroad Com- pany et al.—Motion for new trial on minutes, Denied. SUPREME COURT— SPECIAL TERM. By Judge Van Vorst. Poud’s Extract Company vs. Home@epatine Medicine Company, —Findings signed. Kaliske vs. Horgan. —F indings signed. (Opinion. By Judge Donowue. May vs Kubn et al.—Deeree and findings signed. th vs. Kitehen.—On demurrer conclusions of law are not proper to be signed except as an opinion. Moran vs. MeLarty.—Findings signed. Smith vs Reynolds Judgment Opinion Fransioli vs. Jones,—Complaint dismissed with costs and extra allowance of & for plaintiff. Peetsch vs, The Mayor, &c.—Judgmont for defendant | on demurrer, Memorandum, Craft vs Jessarram,-—Deereo imuet be filled up, SUPERIOR COURT—SPECIAL TERM. eo pee gatze Santora jandall va. Dusenbary, &¢.—Motion deni b gipcasan"Gpteien denied, with By Judge Sedgwick. | Congregation Chebra Mikra Rodesh vs. Situ Order settled. COURT OF RAL SESSIONS. Before Judge Gildersieeve. A NOTED FORGER ON TRIAL, William J, Ree, indicted for forging the name of L. M. Bates & Co. toa note for $10,000, payable to the order of that firm at the Ninth National Bank in this city, was placed on trial before Judge Gildersiceve yes. terday, tho jory having been empanciled on the pre viows day, Assistant District Attorney Lyons opened the case for the people in a brief and pointed address, | placing before the jary the facts he expected to prove | in the coarse of the trial, The prisoner, he said, was Tuary 5, 1875, purporting to have been mado by L. M. Bates & Co., importers of silks and fancy goods in Broadway, drawn to their own order and payable three months after date at the Ninth National Bank ip this hts law Messrs. Pullman & Sexton, | ible at eleven o'clock A. M. on | He was then placed in tho | direction # motion was made before Judge Sanford, in | | he became insensible, Ho could not identify any of er two children were in an impoverished condi- { Judgment, execution, levy and ston National Bank vs, Sharp.—Motton to re. | Humphreys’ Specific | | the absence of all the Commissioners, indicted for forging one note of $10,000, dated Feb- he proposed to show that it was one of a series of six Botes uttered at the same time and, with one ex: tion, to the same party—Mr. George R. of No. 15 Broadway. On August 11, state@?, the prisoner was tective McDot ! upon a char; ing counterfeit bonds of the Call Railway Company, and that arrest led to | raigned on the presont charge As the same time George R. Hazewell and Georg: | and in the possession of the former were | notes—dated respectively February 1, 2, 3, four being for $5,000 each and one for $10,000, | same tenor and bearing the same signature as | mentioned in the indretment. Upon being arrested | Mr. Hazewell stated that the notes bad been brought to him on February 20 by Ree, who was accom- panied ae Marshall, and who re) ted that the potes had been intrusted to him for tiation by a member of the firm of L. M. Bates & Co., who bad been speculating in stocks, bad lost money, and wanted to tide over the difficulty m this way. Ree further represented that the member in question did not want to have the hotes exposed in open market Mr. Hazewell sceming rather suspicious, Ree sat down and penned a certificate to the effect that the potes were genuine, and would be paid at maturity. Ree stated that he had obtained the notes from Mr. McCormack, a banker, at No, 48 Broad street, whereupon Mr. Hazewell proposed to call apon the gentleman, and did 0 to his office with Reo, but did not succeed in funding im. Mr, Hazewell not peing yet satisfied, on February 26 Marshall brought to Hazewell a letter purporting to | be sighed by L. M. Bates & Co., and addressed to Mr. McCormack, setting forth the amounts of the various notes and the time when they became due, and declar- jog that they would be all paid at maturity. Some Ume after Ree sent to Mr. Hazewell asking for the cer- tfeate in order that McCormack might use tt to nego- | tlate another note of the same tenor for $20,000, In | conclusion, Mr. Lyons said he would show in the | course of the trial that tne notes were negotiated for | the benefit of Ree; that Marshall, who had atvanced | money on them, was to be repaid by Hazewell out of the money that the latter shonld raise upon the notes, and that Ree, who was indebted to Hazewell, was to dis- charge that’ indebtedness, and retain the balance. | The defence, he said, would probably be that the notes. did not purport to be signed by L. M. Bates & Co., but by L. McBates & Coo, there being on the sig- natures which were palpably imttations of the name of the former firm aslight fourish or two resembling a “te”? after the letter M., and a stroke of the pen which Na possibly be taken for an “e’’ at the end of the “O0.)? Lovi M, Bates and Henry R. McDougall, members of the firm, whose namo was forged, testified thatthe notes in question had not been made or signed by either of them, and George Marshall, called tor the people, testified to his share in the nogotiations, corroborating he siatements made by Mr. Lyons in his opening. ‘The trial will be continued this morning. FIFTY-SEVENTH STREET COURT. Before Judge Murray. HONESTY THE BEST POLICY, The American Express Company lost on the 8th of January last five boxes of kid gloves, valued at $70, from one of its wagons. The gloves were found. in Madison avenue by James Ryan, of No, 223 East Sey- enty-fourth strect, and another man. Ryan took two | of the boxes and the other man three. Subsequently | the other man returned his three boxes on learning | how they had been lost, and gave to the company Ryan’s address and namie, Mr. Charles L. Gowdey, the company’s pe Ma's) called iy ee Ryan and received the latter's promise to return hils share of the gloves as soon as he could get them back from those to whom he had given them—not sold them, Failing to keep bjs promise Ryan was arrested yesterday on & Warrant, find was held for trial in default of $1,000 | dui THE VIRST AVENUE CHAIN GANG, John Murphy, Thomas Corrigan, Thomas Hanlon, James Daley, Thomas Corcoran, Thomas Markey, Caleb Cook and Peter Bowers, all boys of the worst class and under the age of sixteen years, were arraigned by Officer Kindelon and others, of the Twenty-fret pre- cinct, The arrogt of the accused was the result ofa raid made yesterday by Captain Murpby at the urgent request of the business people of First avenue, in the neighborhood of Thirty-eighth eireet, who have been suffering from the depredations of the boys for several months. Tho police found it impossible, while in uni- form, to catch tho offenders in their un- | lawful acts. ‘The raid was, therefore, made | in citizens’ dress and proved yery successful. Com- plaints of larceny were taken agaist them from two citizens and they were all held for trial, except Hanlon, who proved that he was not a member of the gang. A | vory respectable looking man named Thomas Timmons, who refused to give his residence, was taken in han by members of the gang yesterday afternoon and was are a drugged pipe to smoke. ¢ was already under | he influence of fiquor and smoked but a minnte when | the gang, however, and he was held ona charge of Intoxication. COURT CALENDARS—THIS DAY. Supreme Court—Cnamners—Held by Judge Bar- bares 80, 91, 98, 228, 237, 277, 290, 285, 300, 310, Surreme Covnt—Srxcian Term—Held by Judge Dono- hue.—Nos. 282, 285, 286, 287, 288. SOMMON PiBav—Rquity Taaw—Held by Judge Joseph | F. Daly.—Nos 6, 1. | “Commoy Pheas—Taian Terw—Part 1—Held by Judge | Van Hoesen.—Case on, Ni 7 2 No, 573, Court oF GENERAL Sessions—Held by Judge Gilder- sleeve.—Case on—The People vs. William J, Kee, tor- | gery. No day calendar. COURT OF APPEALS. aa ALpayy, Fob. 1, 1876. : DECISIONS. In the Coart of Appeals to-day the following decisions were rendered :— Judgment affirmed, without costs to either party as | against tbe otber in this court.—White’s Bank of Buf- | falo vs. Nichols, Judgment affirmed, with costs—Lan; nell ; Morthorst vs. the New York Central | and ©. Raiiroad; Comins va. the Board of Su- | | pervisors of Jefferson county; the Standard Oil Com- | pany vs, the Triumph Insurance Company; Weisner | vs the Village of Douglass; Lord ys. Thomas; Marsh | vs. the Town of Little Valley. Order reversed and judgment at the Circuit Cour affirmed, with costs.—Arnold vs. Nichols. * Order affirmed, with costs.—The Peopte ex rel, Tenth | | National Bank vs. The B of Apportionment of New York city; Glenny vs. Stedwell. Judgment affirmed. —Hamilton vs. The People. Judgment reversed and new trial granted, costs to abide the event. —Brown vs. Volkeuning. | MOTIONS. | Clearwater va. Brill.—Motion for reargument, F. L. | Westbrook for the motion, M. Schoonmaker opposed. APPEALS PROM ORDERS. No, 858 Lawrence Hennesy, appellant, vs. W. B. | Cooper, respondent. ear by C. ©. Egan, of counsel | for appellant, and by S. V. Lowell for respondent, No. 36L. Richard L. Hunter et al, executors, &c., | appellants, vs, Isaac D. Westsell et al, respondents, — Argued by E. W. Paige, of counsel for appellants, and | by D, Hand for respondents. | No, 362. Henry Sutton, appellant, vs. George P. M. Davis ex., &c,, respondents.—Argued by A. G | Regnier, of counsel for appellant, and by Moses Ely for respondents, | No, 855. John A. Godfrey, appellant, ve. Wiliam Moser, respondent,—Argued by A. G. Regnier, of coun- | sel for appellant, and by W. Fullerton fr respondent, GENERAL CALENDAR. | No. 46, The People, &c., vs. Wasson. | sumed and concluded. | No. 93 Francis B. Wallace, appellant, vs. David | Swinton, respondent.—Argued by 8. W. Fullerton, of | counsel for appellant, and by C, H. Winfleld for're- | Spondent. | CALENDAR, | The following is the day calendar of the Court of Ap- peals for Weduesday, February 2:—Nos. 162, 126, 13%, | 161, 102, 164, 166, 140, | -Adjourned. | THE POLICE COM | * gee ys. Cor- Argument re- ISSIONERS. | The fall Board of Police Commissioners met yester- day, Gonoral Smith in the chair, | The President called the attention of the Board to the fact that counsel representing proprictors of concert saloons and variety theatres had waited upon him and protested against the enforcement of the law of 1962 | prohibiting the selling of liquor in places of public amusement, on the ground that the sane had been re- pealed by the law of 1872. In view of this he (General Smith) had thought it advisable to obtain the opinion | of the counsel to the Board on the subject. That official being present was called upon, and gave it as | his opinion that the law of 1862 relating to the matter was in full force at the present time. On motion of Commissioner Wheeler, Colonel Wiliam May, clerk to the Committee on Roles and Discipline, was appointed secretary Lo the President at a salary of $1,500per annum. P. . Habbell, one of the clerks m | | the Chier Clerk's office, was dismissed from the depart- ment, Patrolman Gillin, of the Filth precinct, was also diatnissed. Commissionor Voorbis reported that $100 worth of property had been stolen.from oue of the scows of the | Street C yg Doparttnent lying at Blackwell's Island | on the nignt of the 26th ult, An assistant janitor for the Central offico was appomtod at a salary of $600 per aunam. Permission was granted to several societies to hold masked balls, A rato was adopted empowering the Superintendent | to grant loaves of abecnce to members of the force in | Captain Killilea, of the Strees Cleaning Department | was detatled to take charge of the police force assign } E ee Hippodrome during the services of Moody and sankey. | DISCIPLINING A POLICE CAPTAIN. | Captain Jeremiah Petty, of the First precinct, was before the Board of Pelice Commissioners yesterday, charged with violation of the rules in omitting to enter Of tye station Louse blotter the time at which he left the station house, as required by the regulations of the department. He admitted the charge, pleading that his fatiare an upinientional oversight. Judgment | Was reserve sgn THE FRENCH COOKS’ BALL. | _ By aslight inadvertence the Twnarn of yesterday | Morning stated that the ball of the Société Culinaire | Philantropique was to take place last evening This | was a mistake, for the French cooks’ bail will not take Birch, Wambold & Bockus, vrourighorg of the | ety. But while tis jorgery slowe wee before them, | plage wotll to-might, ab Irving Hall, | nothing in the natare of direct orders had been issued, | ticular! | complai | Ido not know,” said this employé ot the Third Ave- | people who desired to travel down town, | be impossible for people to remain exposed to the cold NO SEAT NO FARE. Effects of the Herald's De- mand for Reform. VIEWS OF CONDUCTORS AND DRIVERS. Passengers Asserting Their Rights on the Cars, ——-—_—— THE DOOM OF OVERCROWDING. In connection with the abuses in the management of the city railroad lines the views of the conductors and drivers engaged on the cars may be considered as pos- sessing Some interest and weight. A reporter of the Heraup, with the object of obtaining such, passed over several of the routes and entered into convorsa- tion with the employds mentioned, The substance of | what passed between them is appended. As might be expected they had considerable to say relative to the discomforts of thelr vocation and of the insuflicient compensation they receive for their services, but they also freely admitted that overcrowding was a gross abuse, and that the only remedy was the addition of more cars to the number now in service. It would ap- pearmthat the conductors are indisposed, probably in accordance with instructions, to refuso transportation to passengers who object to pay fares when seats can- not be supplied; and that the plan of providing out- side seats in the opinion of some would not work woll in consequence of the great heat in summer and ex- treme cold in winter. Some citizens have already stood up for their legal rights and declined to pay be- cause they were not able to obtain proper accommoda- tion in the yebicles. Tnis is a beginning In the right direction, ON THE THIRD AVENUE LINK At afew minutes before six o'clock in the evening a Third avenue car going up town was taken at the corner of Canal street and the Bowery. All the seats were filled, and, in addition to the passage way which was choked with people who supported themselves by the overbanging straps, tho platforms were fully occupied by passengers, The conductor was engaged tn collect- ing fares as rapidly as possible in order to return to bis Jookout !n tho rear, so that he might gather fn any oth- ers willing to undergo a thorough packing process. By the time the car reached the Cooper Institute he waz | rewarded by severai more accessions to his load. He then seemed satisfied he bad tully performed his duty. The bells and punches as well az himself were about to enjoy arest. Some remarks were made by gentlemen | outside as to tho great inconvenience of travelling in fuch a distressing manner and as to the probability of | fapld transit boing at any time an accomplished fact. The public, 1t was observed, deserved better treatment, ‘and it was very strange that tho railroad companies did mot consider that they were bound to furnish decent mecommodation instead of tho beastiy manner in which passengers were now served on the horse cars. | Their profits were very large, and, a8 they managed to avoid paying the licenses required by law, they could ertainly afford to puton more cars and give seats to all who pay for them. The conductor, a young, intel- ligent and well-clad man, here interfered and remarked that persons in his position did not relish the system of overcrowding, for their duties would be much less oncrous than they are at presont if only the number of passengers the cars could seat wore received. But their orders were to admit without limit so long as a stand- | ing spot could be found and the traveller could hold on by any possible part of the vehicle, The rules on the Third avenue line relative to conductors were, perhaps, more exacting than on any otherin the city, Their pay, considering the number of hours they work, ex- posed to all kinds of weather, and the insecurity by which the tenure of their positions was held, was away down to the starvation point, and there was no earthly hopes of improvement or promotion, no matter how | bonest or faithful they may prove in the service, The newspapers, in takjng up the cudgels for passengers, should not overlook ‘THE SUFFERINGS OF CONDUCTORS AXD DRIVERS. A gentleman here inquired if any Instructions had been recently given relative to collecting fares from passengers who were not provided with seats. The conductor replied that the present discussion in the Hexarp on this point was much canvassed at the depots and among street railroad men in general, but However, he added, it was understooa that if a passenger reiused to pay fare when obliged to stand the course to pursue was to pass the matter by quietly | and raise no fuss about it- This was, be believed, tho | course agreed upon by all the companies, for it was supposed that very fow would decline handing ovor five cents when once the cars going from or to thelr destination. ene Paseodgers well know the condactors had nothing to do withthe matter, and that they wero under a system of espionage, besides having to record, by a mechanical device, every penny received and aiso to account fur the same. ‘She passengers, and par- the working classes, he said, submitted with less fot to the inconveniences endured (though they arereally the greatest sufferers) than those in easy and opalent circumstances. The latter frequently protest against being obliged to stand; speak of it as a public ‘wrong that should not be tolerated and mutter things about logal proceedings, the abrogation of charters and the duty of the press. ‘Only last Friday a young man, when asked by me for his fare, declined paying on the ground that he should firstget a seat, and as this was impossible, ag all the eeats were occupied, nothing further was said, and this stickler for bis rights en- TK te afree ride from Twenty-third to Sixtfeth street. © matter Was mentioned at the depot and no notice was taken of it, It js no part of my contract with the compapy to force passengers from my car for re- fusing to pay if they are not accommodated as they claim the law requires and thus get myself in trouble, nue Railroad, ‘what others intend to do. My place 1s not worth taking the consequences of an unjustiti- able assault on a citizen.” ON THE SIXTH AVENUE LINE. The Sixth avenue line receives a large share of pub- lic patronage, and investments in its stock are re- garded as judicious. The writer entered ono of its cars, which was cowded at the time. The hour was shortly after seven in the morning. Standing on the platform he managed to get into conversation with the driver, who seemed to have his attention divided be- tween the horses before him and the folks on both | sides of the street. Evidently he was looking out for Roterring to the uncomfortable situation of the passengers, inciud- ing women, who were standing up and who were pressed closely one against the other, he said there | ‘was no cure as far as he could understand for the mat- ter. The public had eyes and could gee when the cars were full. When any passenger got on and knew the seats were all occupied. why he could get of if he did | not like to stand, and no one would prevent him from | doing so. But if ho determined to remain it was only | right that he should pay for his ride. When it is sug- gested that the railroad companies had ina solema manner entered jnio a contract to furnish seats for every passenger in reward for the privilege of using the public streets; that the other franchises be- stowed on the other railroads were also of great value, and further that by putting on additional cars the abuse could be corrected, the driver was placed at bis wits’ ends fora suitable reply. He said, however, the companies were a hard lot, and treated men ‘hike | nimsolf as if they were irreclaimably dishonest. Their | hives were full of hardships, and the pablic had little sympathy for them. He had no objection to the rule of “No seat no fure,” and tf it wore made so binding that it could not bo broken without severe penalties he would ve glad of it. There was much talk about the Legislature intertering, but he thought the roads were too strong at Albany to ailow any check to be puton the rich placers they were working. AS to having seats overhead, that would not do at all in New York, where the chinate is so cold in winter and go intensely hot ih summer, “Ihink,”’ said he, “ot a dozen passengers ecated on the roof in July or August, when the ther. mometer stood at ninety degrees or beyond that figure. “The thing,’’ he repeated, “would mot do, Hospitals for | sunstruck cases would have to be erected ulong the | rontes of every line in the city under such circumstances. | During certain portions of the winter months it would | im such am clevated and unprotected position, and, again, when a rain storm prevailed, no one, no matter how hurried or auxtous to pass from one part of the | city to another, would be content to endure a thorough | soaking. There is nothing leit then, if every passenger | $s to be seated, but to supply more cars. This the com- panies will not do, it by hook or by crook they can avoid doing so, I told you at first passengers need | not remain when they find they cannot get seats, butI | must say that if once fares could not be collected unless seats were ready for their uke you would soon see that | more cars would be provided and the cause of com- | jaint removed. The people themselves are most to | Game if it is tre hat they are entitled to er modation. They have it in their power to bring the companies quickly to their senses, Good morning, sir.” ON THE DRY DOCK LINB. Up Chatham street there is a fall load on a Dry Dock and East Broadway car. The time js half-past five I M, and the passengers are, as usual, most uncortort- ably situased. Twenty-two are in seats and about the | same number are standing bog oy and on the platforms. | ‘The conductor thus early on his trip has no idea that | he has yet obtained his full complement and he peers | sharply ou each side of the street as the vehivle pro- for an addition to his human fret His zeal not go unrewarded. The sound a bell stops the car from time to time aud working people, anxious He reach home, age Wesged JA | sufferings of young girls and infirm people while stand- | | would be obliged to makea mitted to take their cnanoos, ag to life and limb, out- si The collection of fares gocs on, but not without grumbling from the sufferers. The conductor is seem- iy i ops) and indifferent, but he comes across ove ividual who suggests that before paying fare ho is Im ble. A discussion follows. It i# urged on one side that to save trouble it would be better for the exacting and unreasonable individual to get off and wait for the next car or the one that would follow it and he might obtain what he wants This is not acceptable, and the half dozen people on the plat- form seem to think that their fellow passenger is in the right. The conductor to the sense of jus- tice of the objector, who is cool and dignified in aj pearance, and remarks that the latter could hardly be | moan enough to ride for nothing. This produces no effect, for the maa, whether seriously or not, insists that he js Orst entiled to remain, and next, under the cir- cumstances, not legally required to give money without the consideration the Dry Dock and East Broadway Company is bound to supply. The conductor moves away to another part of the car, but returns aguin after the lapse of five minutes. Meanwhile tle standing passengers are elated with the ground taken in the case apd encouraged the gentleman who refuses to pay to hold firm. They have read what has peared 1B | the Heravp, and claim that if violence is offered or an atvempt to eject made, the he ane would be reeponsi- ble for damages, und they would, thoy say, chcer- fully come forward as witnesses to the transac- von, They consider the overcrowding abominable, and that ic is continued solely to promote avaricious ends, A tost case is what is required. Either that or the Legisiatare to make it obligatory to have more cars run, The conductor asks again for the fare, The gen- tleman hands a card to him and at the same time pays ‘is fare, remarking that he felt indisposed to suffer any farther annoyance, The matter is now ended, much to | tho satisfaction of the. conductor, who says that the gentleman might have boen entirely correct in the course he had thought proper to pursue, but no part of his (the conuetor’s) instructions was to settle points of law; bis Lo Page to collect fares from ali passen. ers carried and to account for the money received. ‘here were no words uttered during the progress of the inoutent that would lead to the inference that il the gen- tloman bee penne in not paying that he would have been obliged to leave the car, { ON THE BELT LINE, The Belt line makes a circuit of that part ot the city lying between Central Park and the Battery by way of South and West streeta It is one of tho most portant routes in the metropolis, and so far the E! vated road has interfered but slightly with its traffic, ‘The cars in the early portion of the day are subject to many vexatious delays, owing to the great number of vehicles, laden with country produce, that remain sta- tionary for many hours in the vicinity of Spring, Wash- ington, Fulton and Catharine markets, and at other times the thoroughfares are almost rendered impass- able by drays and wagoys conveying merchandise to and from versels at tne piers. lowever, the Belt com- pany’s yebicles are run on time, and in one way or another they manage to fill the bill The same over- crowding occurs on it and for the same reason as on other city roads, One of the conductors was tuter- viowod by a Hekagp reporter on Monday evenin; while going up town, Touching the subject of tuking more passengers than oould be seated the latter, whose object in engaging in the colloquy was hot avowed or known, was informed that tho abuse could not well be corrected, for people would insist in getting op, knowing that they would be obliged to stand during the whole or part of their journey. The conductors, having no orders to the con- entitled to a seat, | trary, interposed no objection, but on the other hand | were rather pleased to make good returns at the depot. The companies considered that they sessed full right to carry as many as they could aud to collect fare from them, and he was very sure they would fight hard before giving up the profitadle privilege. If it was against the law, why did not some one before this timé complain and haye the matter settled? Or, if there was no law against the practice, why was not one made as there is in European countries? The whole business could be essily put at rest by giving orders to the conductors not to stop their cars while in motion, or peresiy pasnezers to get on when ail the seats were occupied. There would be no trouble with the conductors, for they would strictly comply, having no interest in crowding the vebicies beyond what they can accommodate, As to carrying passengers outside at cheap rates he was afraid it would not work well. In the spring and fall the plan might answer, but in summer and winter no one could stand the exposure, Besides, the innovation would be of no service to women and children, who constitute a majority, if not more, of thoge who travel on street cars, They could not ascend or descend ladders, and men seated inside would hardly bo willing to give up their places and go out- side in order to oblige females, The conductor remarked to the reporter that he understood the Aldermen had | power to take up and remove the rails in cases where | their regulations were not complied with ; but he had yet to learn that the city authorities had take any steps to prerent overcrowding. He had often commizerate: ing on the platforms, exposed to the biting blasts that | came from the rivers, and even their miseries were not much greater than those standing imside, packed to- gether hke herrings in a barrel and sea be po atmosphere. gr ingle passengers who declined pay- ing fares when seats for their accommodation were not available, the conductor had no instructions, but he was aware that the matter had been much spoken about, Hts duty was to collect, but he did not know what he would do on the spot if he was met with a refusal. Such bad not yet happened to him during his experi- euce on the Bolt line. When a case did occurhe would report it at the depot and get advice as-to the course he should pares if there were repetitions of the trans- action. le did not care how the matter ended, as ho was not in love with his employment; but of one thing he was very certain, that the system of over- crowding was attended by great ardsbips to the public, and in very many instances sensitive females must have their feelings grossly outragred. RAPID TRANSIT THE ONLY REMEDY. ; thecommoh schools are maintained, tho | ? GERMAN IN THE SCHOOLS, --r_——— THE TEUTOWIC TAXPAYERS ASK FOR REPRE. SENTATION IN PUBLIC SCHOOLS WHERB THEIR CHILDREN HAVE A MAJORITY, The German-American Taxpayors? Association of the Tenth, Eleventh and Seventeenth wards is one of the most powerful and influential organizations in New York; and cad it is non-political, representing over $16,000,000 in real estate, and confining its interference solely to matters affecting German interests, the fol- lowing comm/anication, signod by 812 of its members, on the much agitated question of “Shall German Be Taught in the Public Schools /”’ will be read with intere eat, To-day the question on which it troats will be brought up for discussion in the Board of Edi : and a large number of Germans will be present to see what action is taken by the Board in the matter, The principal point made in the argument for the Germanie™ side of the question is that they do not ask that the’ German language shall be forced upon schools where. German scholars are in the minority, but only im schools where the children of Germans exceed in num~ ber those of other parentage than their own race:— To Tux Hoxorante Boar or Epvcation:— The undersigned members of the Taxpayers’ Asso- ciation of the Tenth, Eleventh and Seventeenth Wards of this city take the liberty to address your honorable Board on a subject which {8 not only of interest to every friend of education, but which particularly affect’ the inhabitants of that portion of New York which we represent. We allude to the teaching of the Germam’ language in the public echools. THR SCORK OF RCONOMY. We belicve the first attompt to strike the German language from the course of studies was_made on the score of economy. Asreal estate owners and taxpayers contributing our quota to the school fund, from which’ and bolieving that some consideration should be paid to the wish and wants of those who support these ins tutions, we would crave your indulgence for a few moments while we call your atten tion to some important facts. it is coneeded by the crest majority of educators at the present time, and 16 jas always béon claimed oy the best teachers of every; ago, that instruction in language develops the intel-' lect, traing the reasoning faculties, gore the memory and exercises the judgment of the scholar, | In past times, when education was the enone, of the privileged few, the child, almost as soon } could read in its own tongue, was taught the elements admitted t! of Latin. In our own days it is general modern languages are preferable as an object of stud: for the masses, especially on account of their practical utility, because proficiency im them can acquired in very much lees time (han it takes to | the classics, and because, by skilful teaching, they may be made Kovacs pnt useful as a means‘of mental train ing. 1n the best schools of Germany, Holland, Switer~ land or other countries of Europe, Some modern lan- guage besides the vernacular is a regular branch of study. This 1s true, not of the higher institutions of learning only, but of the elementary schools corre-. 8) Feet | to our grammar schools. Indeed, 1 many of, the ‘smail towns and villages of Germany, 10 places, | some of them numbering not more than 1,000 souls,, English or French is taught as a regular study; an shall it be said that this great metropolis of the proudest Republic on which the san ever shoue, in the centennial year of its existence, is willing to du ‘ess for the instruction of its citizens, less for the training of _ its yooth than the monarchies of the Old World are do- ing for their subjects? 18 ONE LANGUAGE ENOUGH? Shall it be true that while England, France and other countries in which the education of the ses until recently been more or less neglected are doing all they canto improve the mental condition of their population, New York, the most cosmopolitan Gh om the globe, is ready to take a step backward, ready listen tothe voice of prejudice aud national hatred an curtail the few half hours’ instruction, which will om the foundation for the knowledge of a language whi must be a source of future profit and delight, and which no one can deny is only the second in impor-. tance in our city and country to tho English? To go nearer home we would remind your honorablq body that German is a regular branch of rea oe most of tne great Western citics—in St. Louis, Cincinnat, Cleveland, Milwaukee, Columbus aud many others— and that it ig the unanfinous opinion of the authorities, in those places that the study of the German language far from retarding the progress of the scholars in their, English studies, has enabled them to make the mo re Shall New York, which is rapidly, attainin, the lead as the great literary contre of our Union, seo itself outstripped in the educational advantages it ome {ts children Dy eecond rate Western cities, some which were mere villages only a few decades ago? ~ SPOKEN BY A GREATER NUMBER. We beliove, if any one foreign language is to be mado a regular branch of study, that German has superior claims to any other, both for the reason thatit ia spoken by a greater number of persons in New York and in the United States than any other, with the ex- ception of the English naturally, and because of its ‘eat similarity to the latter, which in its grammatical forms and in the etymology of those words which are most frequently used in the intercourse of daily life is eminently a Germanic tongae, and is 60 ¢! . fled by philolo; m But far be it irom us to claim that German should be © introduced as a regular branch of study into every grammar school throughout the city. If there beany schools in which the majority of the parents who send their children to them do not desire that their offspring should be taught an additional language we would b the last to attempt to force it upoa them. Bat in that section of the city in which we live the To tax Epitor or THe Heratp:— {sawa letter in the Herauy by William P. Webb, commission merchant. He says that of all the letters sont to the Renaxp in regard to street cars none are to the point. He gives us one to the point by asking for (in substance) palace cars“ for all those willing to pay for them, and to have the lumbering cars, as he calls | them, of the present used for those who cannot pay ten cents and are willing to take their chances for a seat, This is very good for Mr. Commission Merchant; but why should I, as well as all laboring men | a stand after and women, be obliged to in @ poorly hard day’s work or be packed ventilated car because I cannot pay, ten cents fare. Weare having too much of this thing already. The poor man will soon be considered of no more ac- count than the street car horses unless he refuses to be led by the nose by politicians, Politics is the ruina- tion of the country. Bat to return to street cars. There ig no remedy until we have rapid transit except give better ventilated and lighted strect cara, It is impossible to rum cars enough on the Third avenue road to giveeach person a seat. If a law is passed not allowing a conductor to collect fare unless a seat ts givon he will refuse to let bs 4 one unless there is a vacant seat. The streets will be fall of Pg ers waiting, aud thoy will be glad to take the old standing position, There are some lines that could run plenty of cars for the travel, and they should be made to do so. Rapid transit wil! rolicve the street cars, so that all nes can furnish seats for all, and nothing else will in the opinion of - A WORKINGMAN, DOUBLE-DECKERS DEFENDED. To tor Epitor or Tne Herarp:— A correspondent in to-day’s issue of the HsxaLp claims that no passengers would sit on the roof of cars save in summer, To this I reply that in Canada seats aro provided on she roof, It is quite as agreeable to siton the roof in cold weather as it ig to stand on the front platform, The writer to whom I hore refer states that none of your correspondents offers a remedy for the indefensible evils which all agree to exist. munication, which appeared in last Thursday's HkRALD, that J had successfully copod with the difficulties of the case in every direction. A gent!cman, however, who pro that steam power, with three cars attached to the engine, be used through crowded thoroughfares, is not likely to approve of other than a radical change. With this startling proposa! carried into operation Mr. Bergh, in addition to bis friends the quadrupeds, protégé of the human biped. F. M. B—W. POLICEMEN'S SWEARING EXCELLED. Russell Hamblin, an Englishman, sixty-five years of age, of No, 314 East Twenty-third etreet, was run over aud killed about a quarter past six o'clock on the even- ing of January 22, in Third avenue, betwoer. Swenty- third and Twenty-fourth streets, At that time a young man named Albert Reilly was going up town on a Third avenue car, passing the wagon just as the man Was ron over and at a distance of ge | four feet from him, He distinctiy read or cart “Peter Dolger, brewer, Fifty- third sireet and ‘st avenue.’ He followed up the cart and caused the driver's arrest. The driver's name was Lorenz Gugerich. He _yesterday appeared before the Coroner's jury with two other drivers#rom the same brewery, They all swore they knew nothing about the accident. Notwithstanding the ive testi- | mony of Reilly and another witness Gugerich was allowed to depart and the jury rendered a verdict of death by being run over by'a wagon driven by some person Unknown to them. COMMISSION The Board of Commissioners of Emigration met at Castle Garden yesterday afternoon, The most important communication submitted to the Board, was from the Collector of the City Revenue, that official stating if the taxes due the city were not promptly paid he would take summary pro- ceedings to collect the same, This aroused much fis- cussion in the Board, one member stating that the Commissioners could do nothing until April, when it was to be hoped the Logislature would relieve them from financial embarrasginent. Another stated that it was yet to be determined what authority the city had over Castle Garden. It was fi decided that the Col-* lector should be informed of the situation and asked to postpone action until the Legislature should move in the matter, COLUMBIA LAW ASSOCIATION. At a meeting of this society, to be held this evening in room 24, Cooper Union, a paper will be read upon “Insanity Considered as a Defence in Criminal Cases,” after which there will be a debate.” Graduates of the Law Sehool and friends of the soolety are invited to was | of opinion that I had incontestably shown in my com- | vast majority of the pupils im nearly all the schoo! | are hie shittan of parents who panded English impan | fectly, who have come hither from the country of thet | birth more or less advanced in years, and who find it ' impossible ever.to acquire such a fluent Roa ag to enable them to express their thoughts apd feel | in that language with the same degree of skill as in | tomgye which they learned at their mother’s knee | These parents have come to America to stay, and reat majority of them are American citizens, and th | have for years and will continue to contribute the! share toward the maintenance of the government, its inetitations, its laws and its schools. ‘ec need not re- mind your honorable body that, as a class, they are all orderly, industrious, Jaw abiding; they are all, with. out exception, anxious that their children should re | ceive a good education, and we believe that it will found on inquiry that they are excelled by no class . the population in the support which they give to | teachers of their children, SMALL NUMBER OF GERMAN TRUANTS, We respectiully refer to the report of the ag opin 8 the | tendent of Truancy, which shows how small percentage of the truant children of German-Atneri parents when compared with the ratio which the man-American popuiation of this city bears to the em Ure population, which cannot be far from thirty | per cent. Very many of this part of our popula tion were formerly in the habit of sending theit children for two, three or four years during the whole | term of their school life to German-America) | private schools and to the parochial schools cont | with German churches. Most of them did this, not be cause they preferred thitse institutions to the publi | schools, but because they did not Wish to have thel | children grow up estranged from their parents. A? | great sacrifice many a poor mechanic and laborer hag | went his sons and daughters, for a while at some private school solely that bis children mig! Jearn with some degree of proficiency to read and tq write that idiom in which they first lisped tnoiy infantile desires. Is there any member in your bono! able body who could find fault with such parents these? They do notexpect to have their children proficient in German at the expense of the English. ie their most ardent wish that their sons and daugh ters should become bere on versed in that languag, which tg and ever will be the language of this country, When those children who have been pupils of Ger: American private schools atterd. the public schools ig not to be wondered at if they scem behind those w: never attended any other in their pronunciation mete and in their ability to clothe their thoughts an English dress. A FOREIGN ACCENT NOT DESIRABLE, | Some of these children, though to the manor = never lose the slight foreign accent which they bay | acquired in the private schools, and the wrens thus presented of native born American citizens yet speak the English language with more or less of # foreign accent. Iv is vo avoid this, to give us a chanoy thoroughly to Americanize our children, that we desir to have some attention paid to the wishes of the ents who are competied to converse witn their childrey in the German lapguage. We ask this not as ali not as foreigners, with a hankering after the instit tions and language of the land of our birth; we ask it as American citizens, as taxpayers of New York, we sincercly beliove your honorable body will see t justice of our request. In most of tho schools of t wards which we have the honor to represent the pra, portion of children whose parents speak to thom ig German is from seventy-five to ninety per cent. Whe: ever itis shown that there is an equal proportion upils pene any schools mgs Parents sp French or any other language and who desire to have their children receive instruction in that tongue we Fhall equally be ready to second their reque: Weare rising ffom national preja- hink as citizens of our glorious Re., 4 take equal pride with any in its welfare and We simp!y ask your honorable Bowrd for public prosperity. {iors 18 1 80? It has been asserted that a large majority of the In habitants of New York object to having instruction in any other language besides oe impartea m the common schools. We must beg leave to cail in ques. tion the correctness of this statement, True, 1! it wero represented that German has to be tayght to the exclu sion of English; it the impression was mada to go abroad that the latter language 1s being seriusiy neg. lected in consequence of the excessive ting devoted to the former we do not doubt for a moment Waa a vast majority, not only of the entire Population but even of those American citizens who use the German language in their households, would declare against such a stat of things. And we do further mort truly beliove that if it were properly presented to the people of N York ‘city what those who desire to have German taught in our schools really wish, an equaliy large ma- jority, not of the German speaking population alone, but of those whose mother tongue 1s English would be gk etn to declare in its favor, ‘e have yet to learn that there is an: nes of the citizens of New York ako. toned ae ‘ wevioas of . + Seong Mee ng beside the Enghst as an injurious acquisition, or that time Sas vem ibevenneey. spent in learning it r iMINORITY REPRREKXTATION, iD jusion we respecttully s t to your hon. orable Board that if in your vyadgment it be aos wine to have the German language placed as a regular branch fats : v ' [CONTINUED ON NINTH PAGE).