The New York Herald Newspaper, March 18, 1876, Page 11

THE COURTS. | Btay of Judgment and Proceedings Denied in’ the Tweed $6,000,000 Suit, A Fat Allowance for the Pros- ecuting Counsel. Interesting Decision Upon Questions of City Leases. Restricting Access to Records in the County Clerk’s Office. Reminder of the Old Credit Mo- bilier Days. Judge Westbrook yesterday gave an abstract of his opinion upon the motions in the Tweed $6,000,000 suit, made upon the conclusion of the trial, as fol Jows:— Ihave written an opinion reaching the following conclusions upon the several motions in the above ‘eause:— First—The motion under section 265, of the Coae, for f® stay of judgment and that exceptions be beard in the first Instance at General Term is denied, and for want of power so to do, as the Special Term has refused an application tor a.new trial upon the facts, and also be- cause there is no proof before me upon which I can | ,act judicially, showing the situation of the delendant’s ‘property and the effect of a stay. Second—The application for a stay of proceedings after judgment is denied, without prejudice to an ap- plication under section 348 of the There is no proof before me as to the situation of defendant's property, and I am unable, from want of such proof, a ise my discretion with intelligence, Third—Ninety days to mal inswer in the case ‘with exceptions Is granted, but not to operate as a Blay. Fourth—An extra allowance of one per cent to the Plaintifl is made, Fifth—The order will be scttled on notice. The page will be copied, and such copy sent to the Clerk Part 2 on Monday next, LEASES OF THE CITY. An important decision was rendered yesterday by Judge Larremore, holding Supreme Court, Special Term, upon demurrers interposed in the application brought by Mrs, M. A. Schanck, administratrix of her late husband, D. 8. Schanck, and by the New York Dispensary for writs of mandamus against Comptroller | Green to compel him to execute their respective leases to the city. Mrs. Schanek, under a resolution of the Board of Aldermen, leased a portion of No. 27 Cham- Ders street to the city for five years.from the Ist of inf Jast for the uses of the Marine Court, at a renta! of $12,000 a year. In the latter case the lease, which was for the same period and the rent agreed upon $9,500 a Fee the portion rented being for use as a reception ospital, On the demurrers there was a lengthy argu- ment before Judge Larremore, who yesterday rendered the following opinion :— The demurrer concedes the truth of the facts stated fn the return. Thus it not only appears that the Tent reserved is unreasonable, but also that the total amount thereof fixed up by the several leases ex- ecuted prior to December 27, 1875, is in excess of the appropriation. The certificate required by section 29 of the charter of 1873 must be to the effect that there | isa balance ot the requisite appropriation, now unex nded and unapplied, sufficient to pay the liabilities | assumed, At the time of service of the writ of Mandamus the balance ot the appropriation from which it is sought to enforce the payment of the ro- Jator’s claims was insuflicient to pay he rent reserved in the leases then executed, and he Comptroller was ‘not authorized to give preference to such claims, The demurrer must be overruled, but without prejudice to the relator’s right to traverse the return upon which ‘ssues may be iramed and tried. MANDAMUSING THE COUNTY CLERK. An application to the Supreme Court by Mr. Mon- tague L, Marks, on behalf of Mr, Bernard Levy, fora writ of peremptory mandamus against the County Clerk, to compel him to allow Mr. Levy to make cer- | tain extracts from the judgment dockets, presents a case of unusual interest and une involving questions of | both a novel and important character, The case was to have been argued yesterday before Judge Donohue | & 4 Bupreme Court, Chambers. Mr. Marks was promptly in attendance, but Mr. Frederick A. Smythe, counsel for Mr. ‘alsh, the County lerk, was occupied in another court, and so the ar, ‘was postponed till next Monday. Mr. Levy is getting ‘the material for publishing a book containing acom- plete list of judgments entered in this district during the past ten years. He has the list complete for .the past eight years, and oniy seeks by maudamus to compel the County Clerk to give him access to the judgment dockets to verify the correct of his jist for this | period and permission to copy those of the previous two years. As is well known these records are open to the (anes but Mr. Levy, availing bimself of the privilege of inspection allowed to any citizen, had not far in his lavors before an estoppel was put upon his labors by the deputy clerks, who, as he says, ejected him from theoltice. Mr, Marks has pro- pared an elaborate brief, upon which he will make an extended argument when the case comes up for a bear- ing. The objection on the part of the County Clerk is said to be that it will imtertere with the emoluments of the office. {1 remains to be seon whether the courts ‘Will sustain Gim in bis action, WHAT'S IN A NAME? In the case of the United States against D. K. Olney ‘Winter, latea clerk in the Post Office at Rondout, | N. Y., cnarged with robbing registered letters placed in his charge for delivery, Juigo Benedict gave an opinion yesterday on the mo- tion of counsel for prisoner to quash the indictment, on the ground that the defendant was not described in the indictment by his Christian names, The Judge, in Tefusing to quash the indictment, miled as follows. The question is a new one, and will, therefore, be one of corresponding interest to the profession :— poop to be no law usta person having eve! ven names, nor anythi to prevent a person * from adopting any one of several’ porto given Bim at baptism asthe one by which he will be called and known. When a person bas selected a particular given | name as the only giver name by which he will be | known, I conceive that such given name becomes part | of hw name, and that he oF phage! described by | ‘that name in an indictment, whether it stand first: or second or third in the order of his given name, In adopting such name no religious or legal ceremony is becessary, The motion to quash is denied,” one . CREDIT MOBILIER MEMENTO. ‘The facts involved in tho suit of Charles H. Nelson, son-in-law of the late James Brooks, against William ‘Tracy, executor of Mr, Brooks, were given tully in the AxRatp on a motion for a commission to take the tes- mony of Mrs, Brooks in Paris, The trial of the case began yesterday before Judge Larremore, holding Su- preme Court, Special Term, Mr, Nelson sues to re- cover possession of $17,000 of first mortgage bonds of the Union Pacific Railroad and $11,000 of Crédit Mobil. Jer bonds, Which he deposited with Mr. Brooks as se- curity for a joan of $24,635, He alleges that the loan was repaid, and that Mr, Brooks owed him $6,609 94 n an accounting, in addition to the securities, Messrs, Albert Stickney and Henry R. Beekman appear for the tiff and Mr. Tracy for the defendant. Messrs, Will 1m F. Howe, W. C. McKean, Mr. Tracy and Messrs. B, Kingsland was examined. Mr. Cram testified that Mr, Brooks received from him 5,000 first mortgage bonds of the Union Pacific Railroad Company as part pro- Needs of the Crédit Mobilier stock. 1t was stated by | the other witnesses that Mr. Brooks held a certificate | for three $1,000 bonds of the Union Pacific Ruilroad | Company and that the certificate was one of the divi- | bene received ‘4 account vad Crédit Mobilier or | subsequently conver: ir. Brooks into eleven income bonds of the Unlon Pacific Railroad | Company. Following testimony of the wit netses named the evidence of ex Senator Po- land, of Vermor tak on commission, was SS This evi comprised genres to lerrogations ¢ross-interrogations, in ‘Was Steed the taht hia beings theta OF -4he gressional committee on the Crédit Mobilier Investiga- | tion. He stated, further, that Mr, Brooks attended all | the te cong n= ie he heard his testimony and his | pain on talked: Wich, by Crédit Mobilier operations, but im privately on the matter. The most important of ie pnd was his remom- brance Mr. Brooks exculpating himseli by saying | that Mr. Neison, and not himself, was the party in- Considerable discussion ensued as to the admissibil- ity of portions of Judge Poland’s testimony, and va- rious points were reserved for further argument till _ woxt Saturday, to which time the case was adjourned. INTERESTING REAL ESTATE CASE, In Part 1 of the Court of Conmon Pleas, beforo Judge Robinson, there was tried yesterday the suit of Mordecal against William ©, Wetmore and others. ‘The action was brought to recover the sum of $3,190 for commissions in effecting the exchange of real es- tate, The plaintif alleged that he was employed by ‘the dofendants and by Mr, R. H. Cudlipp to negotiate peculiar jad was yestel filed in the County Clerk's oifice inst the city by William Mc- | Dade, tor sum of 29, for putting in glass in | some of the public offices. It remains to seen NEW YORK HERALD, SATURDAY, MARCH 18, 1876.—TRIPLE SHEET, that plaintiff had received compensation from { the parties and was not entitled to recover against them, The Court charged that if both parties knew of the employment, each by the other, and with such knowledge bad to pay the several commis- sions, the plaintiff was entitled to recover, and tho ‘after an absence of one hour, returned a verdict | ju hae of the plaintiff forthe sum of $3,654, the full amount claimed, Adolph L. Sanger appeared tor tif and R, H, Bowne for defendants, DECISIONS. SUPREME COURT— CHAMBERS, By Judge Donohue. —Motion granted. al.—Motion denied. roswell vs. Ray.—I do not think one of the sureties sufficient; if no contradiction is made of the other, ho is sufficient, Matter of Prentiss. —Bond approved, Wilkinson vs. Orvis.—Motion granted with stay, Mauder et al. vs. Mauder et al.—Motion There is nothing in the papers rendering it unfair to allow the Peeneaner the referee’s tees, the $10 objected to1s not med as fixed by the order, but the order refers it to ascertain what is a fair return to the pur- chaser for his expenses on being released from his bid; under this the purchaser seems to me to be entitled to what is a reasonable chargo by counsel on this mo- tion—Report confirmed, Matter of Stoller et al.—Order granted, Dinnin vs, Ashley.—Motion denicd, Ulman vs, Haas.—Motion denied. 7. Judge Lawrence, Smith et al. va, Pond.—Order granted denying mo- jon. Elwood vs, Keal.—Order granted denying motion for attachment, Gardiner vs the Mayor, &¢,; Ulisheimer vs. Hey- may. —Orders granted. Zecher vs. Tiernan.—I should prefer to. have counsel submit brief in this case on or before Wednesday, March 22, But if an oral argument is.desired I will hear counsel on Friday, March 24, upon the adjourn- ment of the court. Richards vs. Richards,—It is very doubtful whether the ptaintiff’s attorney 1s entitied to anything beyond his costs and the allowance granted him by the Court, Lam, however, disposed to g:ve him the benefit of the | doubt, and after examining the testimony I am of the opinion that the further sum of $750 will be a full and ample compensation (for the servicos which he ren- dered) over and above the allowance made to him by the decree herein, Hoyt vs. Wade.—Counse! must hand in papers. Matter of the application of the Department of Docks relative to Piers 33 and 34.—Ia this case I understood counsel to suggest that they desired to present further briefs, and 1 have delayed taking up the case for that | pieced Counsel will present their briefs as soon as possib! Romain vs, Garth.—This motion is denied upon these grounds —First, as to the denials in the answer, the case of Whyland vs, Tyser, 45, N. Y., 281, is con- trolling, and see 45, N. Y., p. 465; second, as to the matter alleged to be irrelevant the motion is too late (see rule 28); third, judgment cannot be granted on the ground of the frivolousness of portions of the answer; the whole answer must be frivolous, or the motion cannot be granted. (Grocers’ Bank ys. O'Rourke, 6 How.) No costs. Smith vs, Wright.—Adhering to the opinion first ex- pressed, I shall refer the question of fact raised by the Affidavits to a referee, Hamilton Cole appointed reteree, Catting, &c,, v8, Stevens. —The order will be entered as within proposed, except that the recitals in the pro- posed order submitted by Mr. Levy will be incorpo- rated in this order. 1 am not inclined to give a stay unless ample security is furnished. Matter of Gilbert.—Having made an order as to the amount to be allowed to the lunatic I am indisposed to change it, except for the most sufficient reasons. shal! certainly refuse to act upon an ex parte petition, Petitioner's prayer is refused, with leave to renew, SUPREME COURT—SPECIAL TERM. By Judge Larremore, * The People ex rel. Schauck vs. Green, &c.; the Peo- le ex rel. New York Dispensary vs. Greene, &c.— udgment tor the respondents on the demurrerg, Seo decisions, Boss vs. Ensworth.—Case decided March 16, 1876, By Judge Van Vorst Mora vs, Guilfoyle.—Findings signed, SUPREME COURT—cIRCUIT—PART 3, By Judge Lawrence, Brennan vs, The Mayor, &c.—Memorandum for coun- Bel. Although this motion was argued several weeks ago I did not Qnally receive the papers until the 3d of beads just before 1 commenced to hola the Cham- bers of the court ,where my duties were so laborious and unremitting as to prevent me from examining this case, Upon taking it up I do not find the notice of mo- tion in the papers, Counsel will please band it in. SUPELIOR COURT—SPECIAL TERM, By Judge Curtis. Laws, et al. vs. Gibson et al.—Allowance of four per cent on amount of recovery. Vandenburgh vs. The New York City Central Under- ground Railway Company et al—Referee’s report of sale contirmed. Campbell vs. Conner.—Undertaking approved, Daly vs. Brown,—injunction order granted, The National Broadway Bank vs. Phill et als Mouser et al. vs. Fergusen; Bartlete vs. 'Y, ke. 5 Bartiete vs. Barry, &c.; Belmont vs. Pomert et al, ; Zann et al vs. Phillips.—Orders granted. | * Worling va Klim.—Ali order left with Clerk of Special Term. Whitney vs. Whitney.—Referee ordered to take proofs, COMMON PLEAS—SPECIAL TERM. By Judge Van Brunt, Deviin ys. Gallagher; Lynco ys, Rinaldo,—Cases settled. By Judge Robinson. Koblsatt et al, vs, llsen.—Memorandum. COMMON PLEAS—EQUITY TERM. By Judge Robinson. Cole vs. Sill, &e.—Complaint dismissed without costs and without prejudice, MARINE COURT—CHAMBERS, By Judge McAdam. Beach vs, Shelton; Achlers vs. Reheleger, —Opinions, Gregory vs. + ee .—Motion to compel defendant to file memoratdum granted. Langton vs. Harvey.—Order settled. Sauder vs. Appell.—Motion granted on terms. Levinscott v8 Gallagher.—Motion granted on terms, Page vs. Thompson. —Motion dismu Cohen va. Brooke; Strouse vs, Mendel,—Attachment ordered, Hart vs. Hunt. —Motion granted, German Exchange Bank vs. Brown; Levy vs. Dis- becker; Tutuill vs. Strong; Rifland va Totaus; Bis- | choff vs Mesbiogs O'Rourke ys, Brennan; Waish vs. Sullivan; Rosenthal vs Canary; Holmes & Griggs’ Manufacturing Company v8. Paoil Belt Manufacturing Company.—Motion to advance causes granted. Weiner vs, Wejner.—Mr. Edward Jacobs appointed receiver. Hauser vs, Lindman,—Motion denied, SUMMARY OF LAW CASES. Most of yesterday was occupied by Judge Van Vorst holding Supreme Court Circuit in hearing an argument ag to the construction of the will of the late W. Thom- son, Judge Donohue yesterday appointed B, C, Chetwood referee in the suit brought by James 8, Stearn, trustee under the wili of the late John Craig vs, Eliza Thomp- son and others, In the suit of the United States vs. Garrett, Clark & Co., wo recover $15,770 73, balance due on warehouse bonds, Judge Biatchiord decided yesterday in favor of the goverument. In the United States Circuit Court, before Judge Ben- edict, Morris Bissinsky, late letter carrier at station E, plead guilty yesterday to the charge of robbing regis- Wered letters. He was remanded for sentence. Lucius J. Knowles recently obtained a juagment inst the ‘Thousand Island Hotel Company, but by a clerical error it was entered in favor of ‘Sydney WwW. Knowles, another client of Mr. A, B. Porter, tie plain- tifl’s attorney. Judge Donohue yesterday gave an order correcting the judgment roll, In the well known suit brought by John C. Gardner ay the city, which bas been pending some four- teen years, Judge Barrett P ta ve issued commis- sions to examine Daniel Sickles in Paris and Thomas C. Fields in Montreal, Suits were commenced by United States District Attorney Bliss in the United States District Court, be- fore Judge Biatchiord, yesterday, to condemn and for- feit 182 pictures anu paintings in oil, and another lot of 188 pictures imported trom South America and claimed by K. Guerero, of Peru, for violation of the revenue laws, in the suit of the United States against Lochn and others to recover $45,000, im the United States Circuit Court, before Judge Benedict, the plaintiff’ yesterday demurred to the plea of three of the defendants, and the Judge rendered his decision in favor of the plain- tilt on dewurrer, thus closing the case, An oi to show cause, returuable on Monday next, Was granted yesterday by Cs pre agaist the Bank of the State of New York, why it should not be | restrained from disposing of various checks of Horatio | and Clarence W, Olcott, In the suit of Smith vs, Macdonald, the facts of which have been pubi has been on trial for of the Superior Court, verdict for $11,000 was ren- dered yesterday for the plaintiff, It was-decided yesterday, by Judge Robinson, in tho application of 4ubu C. Koblsalt et al. vs. Louis Lisen, that when a person obtains @ credit under Talse repre- sentatious us to bis indebtedness, @ Warrant of commit ment ts authorized, - Judge Cartis, of the Superior Court, yesierday en- jormal order in te suit of Aagustin Daly, of terea the | the Fifth Avenue Theatre, va. T. Allston Brown, re- ater from ‘using the title “Pique”? or any imitation of such title in any drama, im ihe “Piqaed,”” or A whether Comptroller Green will pay the judgment without appealing the case, H. Durkee brought suit against the Toledo, Wabash and Western Railroad A nord ar to recover $3,950 alleged damages for failuré t6 deliver at Toledo on Specified time twenty-six cases and two tranks of straw and millinery goods, The case was tried yoster- day before Juage Robinson, of the Court of Common Vieas, and resulted in the dismissal of the complaint, W. J, Hirsebleld, accused of making & false reaistra- fion as a voter in First Assembly district of New | Temanded for evidence. 1 | yesterday he gave his name as August Palmer, of No, | the missing woman was shown to Mr, Crang, tho | plication of Valentine Gleeson and Andrew L. Roperts, | the alleged bond forgers, to be discharged from Ludlow | Street Jail as poor debtors, Judge Curtis took the | Papers, rese: his decision, | _ In the suit of Henrietta E, Cole vs. Thomas B, Hill, | administrator, Judge Rovingon, in the Court of Com mon Pleas, decided yesterday that the apprehension of suits brought on @ usurious note or an attempted fore. closure under void chattel mortgages on property still | in the possession of the debtor given to secure the | usurious debt, jurnishes no ground for any appeal to | the powers of a Court of Equity. Mr. J. 8, Bosworth, the representative in the suit of Origen Vanderburg vs. The New York City Under* round Company, submitted his report yes- erday to Judge Curtis and the same was affirmed. His report shows that the real estate and other pi erty of the road, ther with the franchise, was sold for $30,000, out of which there was paid to lawyers 2,415 and to himself $172 75 as referee’s fees, leaving @ amount realized $66,953 33 short of the judgment WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth, A DISHONEST ERRAND BOY. Frank Richardson, a youth, residing at No. 647 East Fifteenth street, was arraigned on complaint of Mrs. Henrietta Buh)meyer, of No, 1) East Ninth street, and charged with embezzling $27. The prisoner was an errand boy in the service of Mrs. Buhimey: nd was entrusted on Wednesday with $27 to pay another lady. Instead of paying the money, as ordered, Frank ran away with it, He was held in $1,000 to answer, A SUSPICIOUS CHARACTER, Officer Price, of the Twentieth precinct, at an early hour yesterday morning arrested Jack Hennessey, who has just returned from Sing Sing. The officer saw the prisoner in Eleventh avenue with a bundle, He started to arrest him, when he ran away, and while running he threw something in an empty lot. After arresting Hennessey the officer went to the lot and found an open- faced silver watch. The watch is now in the station house in West Thirty-seventh street, and its owner is wanted. The prisoner, on veing taken to court, was ESSEX MARKEE! POLICE COURT. Before Judge Kasmire, CAUGHT IN THE ACT. As Officer. Holbrook was patrolling along Seventh strect on Thursday night he saw a man attempting to force an entrance into the house of John J. Drake, at No, 253 Seventh street. He arrested the would bo burglar, and at the Eleventh precinct station house the prisoner gave his name as Leonard Stelzie, of No, 22 avenue B. Togesunt yesterday Judge Kasmire held hua in $1,000 bail for examination, A DISHONEST SERVANT. Theresa Faber was held in $1,000 bail for stealing $30 worth of wearing apparel, the property of Mrs. Mary Krumm, of No. 163 East Houston street. She was employed by Mrs, Krumm as a servant, and on Janu- ary 23, last, left the house without waruing, taking with her the stolen clothing. ALMOST SUCCESSFUL, * At an early hour yesterday morning a burgiar effected an entrance into the store of August Stern at No. 47 avenue B and attempted to steal $500 worth of silk goods, He was making his exit from tho premises with. the goods in his possession when he was arrested | by Officer Dalton, of the Eleventh precinct, In court 148 East Houston street, He was* held in $2,000 bail for oxamination, UNITED STATES SUPREME COURT, Wasuinaroy, March 16, 1876. In the United States Supreme Court to-day the fol- THE ALASKA FUR SEAL COMPANY. A REPLY TO THE LETTER OF STUVIAN D. WIN. To Tue Epitor ov rue Heranp:— In the Hrxatp of to-day appears a letter from Stu- Vian D, Win, which I should not notice were it nov for the editorial! sanction which you seem togive it, and, firmly believing that it cannot be the desire of a great journal like the Hxxaxp to do the least injustice know- ingly to any one, be he high or be he low, I venture to call your attention to the authorship of this pamphlet, whieh Mr. Win bases his whole attack upon, for this matter which is presented in it and the report of Gen- eral 0, 0. Howard have been already thoroughly looked into by Mr. Bristow. By this statement of mine following you will at once observe that the au- thority quoted at such length by Mr. Win is both ma- + cious and false, ‘The award of the lease by Mr. Boutwell in 1870 could not fail to make much bitter feeling among those who were disappointed bidders, and reckless, false state- ments were made in many instances Shortly after | this a small paper was started in San Francisco called the Alaska Herald, and edited by one Agapius Honch- arenko, an exiled priest of Russia, Its tiny columns were filled with the most extravagant falsehoods in re- gard to the character of the Alaska Commercial Com- pany and the agents of the government who were in any way connected with the administration of affairs in Alaska, The whole object of this man was to black- mail the company, and of this there is abundant proof, He abandoned the case, however, in 1872, 1 believe. This man is one of the three authors of that pamphlet quoted by Mr. Win, according to their own confession. (See Ex. Doc. No, 83, Forty-fourth Congress, first ses- sion, page 109.) This man Honcharenko never was on the Seal Islands, and he was not here when the lease was awarded, The second man, who is the principal in writing the says that heis, This man came down from Alaska in or three trading posts as a trader. gave to that body a set lecture on Alaska, and here is what he said then of his own free will and based apon his experience, I give it verbatim:— ALASKA'S CONDITION AND PROSPECTS. ‘The Agassiz Institute, of Sacramento, has been made-the medium of communication to the public by Dr. Bendel of a great deal of information in regard to Alaska. The insti- tute publishes in pamphlet form all of and valuable papers contributed by its To the Secretary, Kev. J. H. C. Bonte, copy of Dr. Bendel's second essay, oxi ouredin the ty yus. From the full report now before us we glean some further interesting statements. enibers and others, re indebted tor a agis from whieh ap- paney, attributing it mainly to the winding up of the affairs of thé old Russian American Company and the more momical modes of carrying on business adopted by the American residents, the Doctor next speaks of the progress of trade at other points :— “The American companies, independent of and indifferent to the fate of Sitka, pursued their objects with energy and @ Jealousy toward thelf rivals which bordered on hostility. In all were successiul, and especially those who directed their attention toward ‘the two islands St. Paul and St. George did splondidly, while the trade in the rest of the ‘Territory, on account of great difficulties and on account of the great competition, proved less profitable to these yet inexperienced traders. But at St. Paul and St. Geore things were made easy. They are two small islands in Behring Sea, O miles from the nearest. land, di d-each by several hundred Alents. told. —Ed. Alaska Herald.) They are the most lowing caso was heard:— No. 170, Pace vs. Burgess, Collector.—Error to tho Circuit Court for the Eastern District of Virginia. The question in this case is whether Pace was bound to pur- chase stamps of the revenue collector and affix them to cer(ain packages of tobacco before he could export them, | the theory of the plaintill in error being that, so far as the Internal Revenue acts impose a stamp duty or tax on articles exported from a State, they are unconsiitu- | tional and void, The Court found that there was no protest when the tax was required, and iastructed the jury that there could be | no recovery of the tax paid for that reason, This | ruling is assigned as error, it being contended that no | rotest was required under the Internal Bevenue laws, | . P, Burwell, for plaintiff in error; Assistant Attorney General Smith tor government, Wasutatoy, March 17, 1876. In the United States Supreme Court to-day, on mo- tion of Mr. C. F. Peck, Mr. Joseph M. Pile, of Phila- delphia, was admitted to practice as an attorney and counsellor of this court. H No. 170. James B. Pace, plaintiff in error, va Rush Burgess, collector, &c.—The argument of this canso was continued by Assistant Attorney General Smith, of counsel for the defendant in error, and concluded by Mr. W. P, Burwell for the plaintiff in error, No. 171. Albert Grant, plaintiff in error, vs, Jay Couke & Co, No, 172, Albert Grant, plaintiff in error, va, William H. Rhawn. These causes wero submitted on printed arguments by Mr. N. Wilson, of counsel for defendants in error, no counsel appearing for the plaintiffs in error. No. 173. Blakeley Wilson, plaintiff in error, vs. L. McCrellia, and No, 178, Blakeley Wilson, plaintuf io error, vs. Peter Boyce,—The argument of these causes was commenced by H. A. Clover, of counsel for the plaintiff in error, and continued by John D. L, Dryden for defendants in error. Adjourned until Monday at twelve o'clock, CAPTURE OF RIVER PIRATES. About one o’clock on Thursday morning the sloop Alida, Captam Thoras W. Custis, lying at the foot of 106th street, East River, was boarded by two men, who | rowed up to its side in asmall boat, broke open the | hatches, and commenced to carry. away all the plunder | they could find, After throwing into the boat $140 worth of hides the thieves rowed rapidly away, Two — police officers appeared at this juncture and ordered them to heave to. They answered with a shout of de- | fiance, whereupon the officers drew their revolvors and fred. After a brief scattering tusilade the pirates escaped in the darkness. Later on, in the afternoon, a wagon was noticed, containing a lot of hides, in charge of Lewis Katz, a sausage maker, of No. 138 Pitt street, Standing on the sidewalk near by was a young man named Morris Gallagher, and Officer Geer arrested both of them, Detectives Musgrave and Mullaly, of the Foarth precinct, accompanied Katz to his store, but | the two suspected men were not there, The ofticers ; | concealed themselves in a back room and very soon — | after Francis Moran, a well known river thief, and | Andrew Sullivan, an East River fence, came in, Katz cried out ‘there they are,” and the officers amped for them. Sullivan offered no resistance, Kons started to ron, and Musgrave, pistol in hand, wickly followed him. The fugitive plunged into a | dark cellar and the detective tracked him lighting matches through the darkness until he dit covered him. je robber, seeing the pistol cocked and pointed at his head, be, the detective not to shoot and quietly surrendered. The prisoners were esterday taken to the Tombs Police Court, before Justice Bixby, and held im default of $5,000 bail each to answer, THE NEW ROCHELLE TRAGEDY, After about twenty minutes’ deliberation, on Thurs- day night, the jury in the case of Richard Hanna, J charged with the thurder of Thomas White, at Ne Rochelle, Westchester county, came into court and | rendered a verdict of ‘not guilty,” This unanimity of | | the jury in acquitting the prisoner did not surprise any | intelligent observer of the trial, as long before the | prosecution rested their case it was clearly manifest that the efforts made by counsel for the peoplo to sus- tain the charge of murder against the accused must result In complete failure. On the evidence adduced aga him, the prisoner could not have been Jegally convicted agsault and battery on the de- ceased. The difficulties under which the acting Dis- trict Attorney labored in the trial may be imagined when it Is stated that the principal witnesses on which | he relied to sustain the indictment were relatives or friends of the prisoner, including the latter's father and brother, i | : | RUBENSTEIN. There was a great deal of worriment and anxiety evinced by Rubenstein yesterday at the delay of Judge Brady in rendering his decision granting or refusing & stay of proceedings, He holds no communication with any one except his relatives, and passes most of his time in reading and praying. His brother, Louis, paid him a visit yesterda; ahernocn, and gave him eat encouragement WA ling him that it was very ikely Judge Brady would grant him the necessary stay, THE SCHNAUPER CASE. So far there has been nothing of a criminal natare proved against Charles Schnauper, the wealthy Ger- man grocer. It is said that when the photograph of notary before whom the woman supposed to be Mra, Sc! er A ed and made ee dean be ientided it ae that of the woman who ie Hy bo. fore him, If this tarns out to be true the rge of forgery cannot be brought against Schnauper, ———$—$ ne THE RIVER MYSTERY. The remains of a man found several days ago in the water at the foot of Fifty-Mlth street, Bay Ridge, which werd identified as those of Captain Hamlin, aro not yet positively decided to be those of that gentle ‘3 wife cannot recognize them riends do, 4 ¥: was yesterday brought before in thet i ren oar, Cra Brana before Curtis in f. OR the ap- Detective Folk says that ho is satisfied that the body ee tis jonguees ep Df gy P= yr. bases judgment upon fragments of coarse Beabing found on ite bods. id, and ruled that such was | | the | Herald, @ part ot Alaska, and were afterward bones of fierce contention, ‘Here, ‘every year, the famous fur seals assemble in millions, and all that is needed to obtain them of them, like any sheep, several | miles iniund, away from the rookeries, and tuere kill them | with clubs. "In 1565 every vessel which visited the islands | took large numbers, which brought them ® price of from $4 | to $6 euch, and cargoes of mall schooners were sold for | $80,000, and more. [It is stated that 40. killed during the yer 1868, when: the fi all.) At the rate with which these ‘se by these parties the danger was at hand that these a: would Lave been exterminated or driven away, and to pi vent this the government itself took posvession arly in 1569, allowiug uo one to remain or to land at the islands except those employed by the succe: f the Russian Ameri- istodrive a nut ers some Weeks since and oted | i and were duoted | yoasts of prey ready to fall upon the unfortunate de- | Space for a reply. aforesaid pimphlet, is Benard Bendel; at least he | and required straightforward | be found birds and beasts of prey who follow he more important | | the dead and dying. Even so is it on the failure of a Afver noting the decadence of Sitka, under American occu- | [About| THE SUSPENDED BANK, The affairs of the Bank of the State of New York still continue in a condition of undisturbed suspense. At is gencrally understood of course that the bank will | resume, but how far progress has been made toward that very desirable step no one except the directors seems to know, and they are yot willing to tell the pub- Iie just yet. They were in session again all day yester- day, but were as reticent as ever. As stated in the Hzratp yesterday, they are doubtiess awaiting the result of their own examinution of the books, so as to know exactly what to propose to ‘the Comptroller of the Currency, and until the examina- tion is completed they are not going to say what will bedone, An event which disturbed the calm of the Stock Exchange toward the close of the day's business was connected by common report with the suspended bank. There was a rumor that large sales of the stock of the National Bank of Commerce had been effecteh The figures reported were 2,250 shares, rather an unusual amount of bank stock to be disposed of im one day. Much, if not the whole of this stock, it appeared later in the day, had been disposed of by one of the new board of directors of the suspended Bank of the State of New York for the pur- pose of transferring the money toa piace ‘where it will do most good,” The purchaser of the stock isa well known capitalist, who is understood to be thot oughly familiar with the affairs of the Bank of Com- merce, The sale was utilized by the alarmists for rumor purposes, but, it is said, with no considerable effect. In the afternoon one of the directors of the Bank of the State of New York vouchsated the information that the result of their examination of the books. showed that the bank would be able to liquidate all its obligations, They will not state, however, what their tuture action will be, . THE THIRD AVENUE SAVINGS BANK. To Tae Epiror or Tae HeRaLp:— Your issue of the 9th inst. contains a letter signed “B, A. McDonald,” purporting Lo be an answer to one written by, yne, but so entirely different from the answer Fequired—s0 evasive and erroncous—that I wish to ask | meetings, instigated and managed by themselves, are | straight answer he makes ts a denial that the receiver tho season of 1872, where he had been stationed by his | occupied the banking department of the Third Avenue employers, Taylor & Bendel, of San Francisco, at two’! Savings Bank as his office, I aver that the receiver is He went before the | present daily with his assistants and visitors and trans- | Agassiz Institute, of Sacramento, Cal., in July, 1873, and | acts the business of the receivership there, If this is lasked him a few plain questions answers, The only not occupancy, then I admit Iam in error, Tho other questions are answered by asking other questions or by speciai pleading. Itis a well known fact that on the retreat of a defeated army there are to | close on the rear, ready to full upon and devour savings bask, There are always human vultures and Positors and devour what little there is left; and those who cry the loudest and howl the longest at public | | generally the most ravenous, Mr. McDonald came out with a flaming card that he was perfectly familiar | with the affairs of the Third Avenue Savings Bank, | and anybody seeking information had only to call at his | office and he would furnish the tnformation desired. | T thought then, as 1 am convinced now, he knew noth- | mg about the affairs of the bank but what he has | learned since its failure; and consequently — he | was not in a position to furnish the in- | formation desired, I read the daily papers, | but until the HeRaLD made an — exposé nothing, so far as I could learn, was done to make the defaulters retund, As soon as the Heratp called pub- , lic attention to the fact, then Messrs. Green and Dar- | ling were arrested, to be discharged again, can Commercial Company, while Congress was to deade | wi should done with them. In consequence of this many 3 who had made preparations for ‘1 who had not the pluck to cute the difficult trade im the rest of drew, and in 1869 we have only four prineipal companies In the figld—viz.. Hutchinson, Kohl & Co. ; Parrott & Co. ; Taylor & Bendel, and the Lee Company fared in 1870. It was finaily d the islands should be leased to the high gpen only to thors who formerly utehinson, Kobi & Co, and Taylot for the vi the former of whom, who had been joined by ny rich firm's and were known as the Alaska Commercial Company, were successful, and in 1870 took possession of the islands for twenty years.” The fur trade of Alnaka is of such an importance and such the first two of which con- bidder, bids to be had stations on them. a magnitude that all other resources are insignificant when compared with it. * * * Of all the wealth whiel Alaska annually produces over one-half is furnished by two small islands in jemsod to @ Behring Sea which have be the Altsic jal Company. St. Paul and St. Gi islands are inhabited by about 900 Aleats, whd have attained a state of civilization but little in- ferior to that of the lower classes of the country, and who, wm Cor Under the management of the present comp: joy an unusual prosperity. The company ree then er wages, furni them with everything needed ise porte schools, erects comfortabl | buildings for them and has a physician to care tor th | health. The Alaska Commercial Company has been fro: | quently accused of cruelty toward these natives. I, as a dis- interested party, can assure the publie thas it is false, and that the condition of the inhabitants uf these two islands is vastly superior to that to which they were accustomed under Kossian rule. The third man, W. H. Ennis, who has been very out- spoken in this connection, was discharged summarily from the employ Sf the Alaska Commercial Company in 1872, atter a trial by them of only a few months, More, in March, 1875, acopy of the pamphlet gbove meutioned, and the sole authority for Mr, Win’s let- ter, was put into my Inds in this city. It purported to be published by the ‘‘Anti-Monopoly Association of the Pacific Coast’ in January, 1875, and was signed “by order of the Anti-Monopoly Association, *Charles Leege, Secretary,” 1 read the thing carefully ¢ falsehoods as they appeared in the Alaska the history of which I have sketched above, and, in addition to this, a great deal of new matter, equally fal and much of it reflecting directiy upon myself. I wrote at once to my | friends jm San Francisco to bunt up the 1 at once rec | ve vege ed! ong <P | hands of the receiver, and the depositors have been authors, and carried the document up to the | Treasury Department and called the attention of the Secretary to it, stating that it was beyond the of | any living man to come forward and swear to the truth of its contents. The Secretary, however, soon sent an agent over to San Francisco to look the whole matter | up as far as could be done there, and his report sets forth the authorship and its character mildly on pages | 198 and 1990f Ex. Le No, 83, recently presented by the Secretary of thé Treasury to Congress. This settled the matter as far asthe Treasury Department was concerned, General Howard, who was weak and foolish enough to append this vile pamphlet to his report knows nothing about it, for he never was nearer than 1,400 miles to the seal islands of Alaska! Therefore, Mr. Bernard Bendel, “‘who professed him- self th thor of a recent pablished pamphlet against the Alaska seal monopoly” (see page 199, Ex. Doc. 83, Forty-fourth Congress, first session) has either lied shametully before the Agassiz Institute, of Sacramento, in July, 1573, or he told the truth then and lies shame- | fully in this pees of which he claims the author. ship, January 1, 1875. Comment on the matter ts un- set, Eitber horn of the dilemma ts an ugly one for Mr, Bendel. Let Mr. Win and his authorities come on here at once, and before the Committee of Ways and Means face Mr, Boutwell and myself—forlam charged in this pre- cious pampblet with fraud at great length. It will have the result of throwing ail the light that they desire. I do not blame Mr. Win so much, for there are many honest men who are — more ready and willing to m belie 1 of their an good, but if he pe in this matter in the way he has begun he will 6001 or jater regret it, He is evidently very mach imposed upon. HENRY W. ELLIOTT. ‘MITHSONIAN INSTITUTION, WASHINGTON, March 16, 1876, * This man keeps a small nd gin mill in San Pre cise soe A SAFE BLOWN OPEN. On the night of the 15th inst. burglars entered the shade manufactory of A. Barricklo, No. 653 West Fifty- first street, by forcing open the door witha jimmy They blew open the safe by drilling holes ipto it and pouring in powder, Their booty was only a fow dollars in money and promissory notes amounting to $1,100, A wate! stationed on the premises sa; he heard no suspicious noise, POLICE DISCIPLINE. The Board of Police met yesterday and transacted routine business, Roundsmen Sharp and Ward, of the Twenty-seventh precinct, were dismissed from the force. A number of patrolmen were transferred. The charge of intoxication against Surgeon McDon- nell was dismissed, not having been proved. He was, however, Lg four days’ pay for jure to promptly anew eal Officers Finnerty and Mulyoy, of the First precinct, wore dismissed, ENGLISHMEN AS CITIZENS. To rus Evrror or Tae Heraup:— In your editorial of to-day on the “Centennial” you say that “Englishman, German, Spaniard and Irishman The Board of Police Commissioners of Jersey City when they come here are ail glad to become American.” This may be so of the Germans, Spaniards, Irish, &e., but I deny that such is the case with Englishmen, who | officer has decided to invite proposals lor the purchase for the most part prefer to remain Englishmen, no mat- | thereof, The location is the worst that could be tor in whatever quarter of the globe they may be, | selected in the entire city for the purpose of a hospital English: here they do When Englishmen come hey do as they would do tour in | | Alaska presented to the War Department last fall, does | | not vouch for the truth. of it; indeed, he knew and | } ' ) | decided by Congress that | w & Bendel! struggled hard | | will be the case with the | Rot satisiactory to them. money, | MeDonaid would have me appear to be, | demt that Mr. McDonald cannot? | to be held accountable? | peen appointed assignee in the case. And still, 8o far as 1 can learn, nothing has been done to make | those who have robbed the depositors refund their il. otten gains. It 1s true Messra, Bates, Decker aud | you have been arrested and held to bail, but it seems | s they stand in the position of the cat’s paw used by the monkey to pull the chestnuts out of the fire. Now, this may ail be well enough to satisfy the public, but it does not restore to the depositors their money. It is What they want is thoir T may be as stupid and ignorant as Mr. If so it is my misfortune, not my fault. If I cannot compre- hend how it is that certain officers and trustees of a savings bank may rob its depositors of a million or more of dollars; if I cannot see how it is that $200,060 of the money of a savings bank can disappear from its vaults and nobody know when, through whom, or how it disappeared; if I do not understand how it is that money secured’on the bond given by a defaulter, a relative of one of the officers of the bank, should not have been paid into the bank, or that no account whatever should be made of the disposition of the same, itis my misfortune. Willthe Herato picase give us alittle light on this supject, as it is very evi- Tho great power of his brilliant mind is sufficiently taxed in singing the praises of the seceiver of the bank, which, by the by, | must be as nauseous to that gentioman as they are of- fensive to all true gentlemen. | The law requires that the trustees of savings banks | shall invest the money of their depositors in cortaiu securities, and none others, and if they faithfully fol- | lowed the law I aver it is morally impossible for a say- ings bank to fail. We find the cause of ali, or nearly all, the fuiluree of savings banks to have been caused either by the stealing of their funds, the loaning of their funds injudiciously, or the purchasing of securities forbidden | by and in direct violation of law, Is there no remedy | for this? Isno one to be held responsible? If the officers and trustees, for their own seltish ends, lend the funds of the bank on securities forbidden by law, and the money by cause of such loans is lost, is nobody Is there nobody to blame? Are the depositors to be thus plundered of their hard earned savings with impunity? Certainly there should be some responsibility somewhere. I had several hundred dollars on deposit in the Mar- ket Savings Bank when it failed, aud this failure was a very marked fraud, There was a great flourish in the papers of what was to be done to punish tho perpe- trators of this frand and make them refund their ill- Ceag gains; but I have yet to learn that any of them ave beea punished or made to refund. It is mow over three years since the assets of the bank went into the paid about fifty percent of the assets, What has be- come of the balance I know not, but presume they have been used up in expenses. And ume that hird Avenue Savings Bank, unless the Heratp and other public prints whieh have already done so much shalj continue to plead the cause of the DEPOSITORS. BUSINESS TROUBLES. The failure of Messrs. George Dunn & Co., dealers in produce, of No. 195 Duane street, was announced yes | terday. Antoinette Burnheim, dealer in faney goods, of No. | 27 Union square, has filed a petition in voluntary bank- | ruptcy, and the matter has been referred to Register | John Fiteh, of No, 345 Broadway. The liabilities of the bankrupt, according to her filed schedule, will amount to about $25,000, while her assets are merely nominal, John Murphy, of No. 845 Broadway, has | | | | José M. and Justo Mayorga and José Haertemendia, doing « tobacco business at No, 14 Cedar street, under | the firm name of J. M. Mayorga & Co., have made an | nment to Gustavus Falk, ¥, The first meeting of the creditors of H. A. Philp & if No. 107 Reade strect, was No. 4 Warren street, anda large number of creditors presented themselves; but, as few were prepared to prove their claims, the meeting was postponed, by unanimous consent, until next Thursday, at two o’clock P. M. The liabilities of the firm are stated to be $170,000. Th Aaye aa estate, $36,000; stock, 000; mortgage Fk following tasltents’ schedules svere lod yester- day :—Jacob Herman—Liabilities, $1,153 67; nominal assets, $386 46; actual assets, $425 40. Charles and Henry Fisher— ilities, oa 14; nominal assets, | $2,976 66; actual assets, $2,538 66. | ‘n examination was held yesterday at the office of | Register Allen in the Rosenthal case preparatory to de- | claring a composition. | Charles D. Woolworth has filed a petition in bank- | ruptey, asking a discharge from debts contracted while | a partner with W. F, Wentworth. He owes forty-eight _ creditors over $60,000, Tho largest debts aro to Thayer & Tobey, $5,504; William M. Fleiss & Co., 18,030; W. M. Wilmarth & Co., $3,111; BE. F. Hollister Co.,, $3,000; Meriden Britannia Company, $2,686; Field, Lester & Co., $2,656. W. F. Wontworth has already been ety bankrupt, and bis assignee bas id twent) con Pithe HHongstale Glass Company, the Dorflinger Glass Company, the Boston and Sandwich Glass Company, J. Hutchison, John Mott and thirteen other creditors of Conrad G, Stutts, giass, at No. 38 Murray street, havo thrown bim into bankruptcy, and jeter Fitch hae called a meeting of his creditors for the 5th of April at No, 345 Broadway. The claims of the pecans creditors amount to $35,000, the largest biwig Bernd ol the Honesdale Glass Company, $14,055, and Dorilinger Glass Company, $7,000. The bankrapt made an as- signment some time ago to Harvey 8. Almy. Morris & Jacob Peiser, clothing, have gone into bankra , and the matter has been se 10 Reg- ister Fitch, There are ere creditors, whose claims amount to about $11,000, the largest one being S. Abrams, $2,347, Ther no assets, Michael H. Stiefel, of the firm of Schuster & Stiefel, slaughter house, at the foot of East Forty-fifth st ban Sou adjudged a bankrupt, He owes twenty-nine | creditors avout $10,000, His assets are merely nom- inal, | A FILTHY HOSPITAL. having instructed the Corporation Attorney to dispose of the property now used asa charity hospital, that } As soon as tho fg sold a healthy location will be ; less, I think, than $1 per 1,000 cubic feet, | east trace of sulpharetted | sixteen sperm candles. | is exacted for every half candle below | legal standard. u THE GAS PROBLEM. | Views of Some of the Gas Engineers. Tow the English Government Protects Consum- ers from the Gas Companies. HOW THE METERS WORK. he views of the parties perhaps most interested in the problem—the consumers and stockholders of companies engaged in its manufacture—have been fully given in the columns of the Henanp, There yet re- mained the intelligent engineers and others who are employed in producing the aeriform fluid itself Their practical knowledge places it within their power to throw much light on a subject that has become of in- terest to the public in general, Visiting the works of one of the largest corporations in the city the writer had a conversation with one of the class referred to, the substance of which is as follows!—‘‘It is not denied,’”? hesaid ‘that the business is exceedingly profitable; the dividends declared every few months settles that matter, The companies are not governed by any law in regulating the quality of the commodity and fixing its price, They are at liberty to doas they seo fitin these respects. In reference to examining the meters to determine amount consumed, and thereby make out bills, the agents employed for this purpose are directed and expected to act honestly. It is quite possible they are negligent in this regard, but, as the bills are made out by clerks at the office and not by the outside em- ployds, it is hard to see in what way they profit by handing in PALSE OR FRAUDULENT RETURNS. “The price of coal is low at present; the federal tax of twenty-five cents per 1,000 feet no longer exists, and as increased consumption of any article enables its producersgto sell profitably at Jow rates, it is difficult to | perceive why the officers of gas companies should mako | what they vend, and which is so necessary and bene- ficial, a burden that it seems has come to be regarded as intolerable. The price of gas is regulated to a great extent by the proximity of where it is manufactured to coal flelda. In Pittsburg itis very cheap; in San Francisco !t must necessarily be high. In New York it should approximate closely in value to what it fs furnished at in London, where the price !s generally WHEN THE GAS 13 CUT OFF, “The law in plain terms allows the gas to Beeut off | when default is made in payment of bills, and the law also permits the companies to exact a deposit equiva- lent to tho consumption of two months, taking into account the muraber of burners in use, before {1 18 sup. plied. It is only a necessary means ot protection, fo people are continually changing their places of business and dwelling. Deposits are not required from those who are known, or who are a long time established im business. About one-hali the number of consumers have to pay deposits. The company | serve has on de- posit about $250,000 in their hande in this w but they pay legal interest on it. If these eposits were not re- quired the companies would be subject to heavy losses. ‘Twenty per cent of the popsiation of New York change their residences during April and Ma Rurontex—Wnho examines your meters to determine their correctness, and what security has the public that unjust bills are not presented ¢ ENaineen—The Inspector of Gas Meters, who ts a officer nominated by the Governor and confirmed hy the Senate. He holds office for five years, and seals, after examination, all meters in uso. RePorter—Does he actually examine the meters be- fore stamping aud wpproving ? Excixesr—I do noukuow,. It is understood that any compiaints made by consumers as tw the correctness of meters receive prompt and faithful attention Reronrer—Is the State Inspector of Meters a sworn officer? Is there anything in the law requiring him to be a qualified person for the duties he is expegad to periorm ¢ Who pays his salary ¢ Encinger—All | can say is I believe that companies give into tbe State treasury m to pay the Inspector of Meters for lis services, Rerorrer—Do you think corporate bodies like gas companies, enjoying special privileges, formed for purposes of puolic good and not to realize exorbitant profits for their stockholders, should not be ruled and restrained by the authority to which they owe their existence? Does it not occur to you that in the eager- ness of the companies to REALIZE HEAVY DIVIDENDS: they overlook, among other considerations, particu- farly in reference to quality of gas and the price they } charge for it? SxGiNeER—I do not understand what you mean, 1 can tell you, though, that no rent ts charged for use of meters, and that the gas we manufacture is a pure and superior article as an illuminating agent, I do not think that any amount of popular clamor will influence the companies. Kerosene or other oils cannot ever gene- rally supersede gas, The records of fearful accidents and thousands of lives lost by its use will always, oper- ate asa warping and a deterrent against its introduc- tion, VALUE OF GAS LIGHT. readily conceded,” said a gentleman of ¢ in manufacturing gas, “that among the 8 of human life there are few more important than an abandant supply of pure artificial light at reasonable rates, Such is as necessary in a town or city as an efficient system of sewerage or an ample quantity of good water. At the other side of the Atlantic no one could deny that the interests of the people were well guarded in respect to gas, the use of which has aided materially in the prolongation of the average term of man’s usetuiness in life, by giving the night also to his service, by which the sciences and arts have been greatly advanced. 1 also has tended to reduce crime in crowded communities by the intro- duction of artificial tilamination in thoroughfares and other public piaces, and it has been found by over half a century’s experience that gas, when prop- erly manufactured, is @ clean, pleasant, and, in other countries, an economical ligbt,| Tho matter, then, goes back to the first question you asked, Why does it happen that an equally satisiactory condi- tion of aftairs does not exist in New York as in Paris or London? Plainly, then, the laws are judiciously fram and enforced in these cities, In England, for instange, there aro certain very heavy penalties for impurities in gas which render the companies particu- larly careful. By act of Parliament they are compelled to keep within twenty graius of sulphur in 100 cubic fect, and a penalty of $500 Re, day is imposed for the ydrogen (which soils giit and silver and causes a nauseous smell where it is burned) in tue gas it retails tothe public Regularly appoiuted officers test the quality of gas, and strict supervision jg exercised over thé streot lamps, and they determine its illuminating power. On this point there is no stop in the matter of supervision, a matter which is entirely neglected in New York. In fact, no law whatever exists to RD THE. PUBLIC AGAINST EXTORTION. “Gas ought to afford iilamimation equal to at least. In this city it does not nalty of $5 aday ixteen for every 00,000 cuble feet sent out during the day. As a gen- ral thing, however, London gas is fully up to the logal ndard as regards purity and illumination, and when shght default occurs it has been traced to accident or unavoidable causes. But it is in respect to regulating profits for investments that English laws go farthest inghe protection of consumers. The price, accordin, to*act of Parliament, must be such as not to afford divi- dends of a higher amount than ten per cent per annum, but the quality must always be in accordance with the This rekult must be reached after allowing for excess or surplus, 1 any, carried in tho then last preceding year to the gredit of the divisible profit and to the insurance fend of the company, go beyond twelve, but in London a pe attaining as near as may be, but never exceeding, ten per cent per anuum. In no case, however, can a dividend be declared on stock not paid {n and expended on tho undertaking. In this view the declaration of net profits on fictitious capital—increased almost tenfoll—amounting yearly from 12 to 100 per cent by New York gas companies, shows in a moment to any intelligent mind the ine: cusable extortion practised on consumers and accounts for the general revolt that has occurred among them. The only legal remedy that can be put im operation such ag that in force in England, There should be i qualified—chemists, for in- frequent examinations of the gas, and if found impur or taferior heavy penalties should be strictly imposed. The ‘price should be regu lated so a8 to allow a certain profit or dividend on | vestments and no more. The amount of capital nom nally in New York gas companies is whoat $19,000,000; the amount paid by consumers yearly is $10,000, 009. ‘This proportion 18 Gut of all reasou,'’ A GAS STOCKHOLDER's VIEWS, To Tux Epiton or tie Henano:— Your afticles upon gas are excellent, I represent a Jarge amount of gas stock aud am In favor of reform, low charges and courtesy to customers, by whieh divi- dends may not only be maintained, but increased, When a boy Iwas in @ manufictory where we mado our own gas, and produced 9,000 feet of twenty-candle gas from 2,240 pounds of (Mortemley) bituminous coal, costing thirteen shiltings sterling or $3 16, gold, Tho xe and residua paid for making. This can bo made here at $1, currency, for 1,000 cubic feet and sold at $2, with a good margin for repairs on plant and dividends, 1 speak very moderately, for Amer- fca possesses coal equal or superior to the which can be delivered here in New York at $6 currency per top. The English coking coals yield 10,000 feet of fourtecn-candio to a ton, tan- ne! coal’ 10,000 teet of twenty-candie five-foot burner to a ton, aad Scotch panel coal 10,000 feet of thirty-candio wor, The fact is the gas companies are fat aud lazy. ‘hey want waking up, uot by tive gas compa- nies fastening themselves uj sucking their profits, but by proper tne: ters and quality. and restriction of price—say cighteen-candle gas —to $1 50 or $1 75 per 1,000 cubic fect, in Brooklyn and .New York. ‘A quiet enjoyment if they went to China, the Brazile or anywhere purchased ‘the city and suitable building vin, mind their own bestoess, and do Set endeavor We erected thereon, The city ag ng are eng tan intét{ore in the politics of countries in which they are | in their coudemnation of the hospital on its mn simply sojourners and Saearn They claim nothing | site, and pronounce it most unsafe for the reception of more than the right to Visit and labor in country, | the sick, om account of the discharge Of a regarding the “earth as the Lord’s and the fulness | ber of sowers di inder itinto the Morri thereof. OBSERVER, | the exhalation from the Central Railroad dump an New York, March 14, 1874 the proximity of a Jarge sugar refining establishment, of the territory th jow occupy under these restric- bacon would therm \ hemp of ten to bier 4, — a recent. Respecttuly, 4 ‘nou 101 aud 104 Duasu Srucer. Naw Yoax, Mazch 16