The New York Herald Newspaper, September 8, 1876, Page 8

NEW YORK HERALD, FRIDAY, SEPTEMBER 8, 1876.—-WITH THE EXTRADITION PROBLEM Inconsistent Usages in International Agreements, 4 TREATY IN NEED OF AMENDMENT. Suggestions for Making the Surrender of Criminals Less Embarrassing. fo rue Epitor or tae Hera.p:— If the Canadian Dominion were an independent na- tion, with its existing system of liberties and criminal code, instead of a British colony, what would the best Interests of Canadians and ourselves, and the con- Vonionce of the governments of each, require the treaty Arrangements to be between the two for the mutuay extraditions of criminals? May we not geta clearer view of the general relations of extradition if, at frst, We approach them from that point of view, and Festrict our range of vision to the 3,000 miles of con- terminous boundary between usand Canada? It would be much the same to take our territorial contact with Mexico as an illustration ; but there 1s an advantage in tho case of Canada, for it simplifies the subject to deal; in the boginning, with a country whoso system of eriminal jurisprudence is like our own, CRIMINAL LAW 18 LOCAL. By the strict rules of ancient public law, uninflu- enced by modern treaty or othor concessions, tho United Stat pd Canada would each be a little world in itsclf, Neither would have for its people rights of travel, visit or business In the other; elyil judgments rendered by the courts of one would not have validity or consequence in the courts of tho other, and con- tracts, valid by the laws of the one where made, would hot, on that account, be enforced by the courts of tho other. Neither, It is casy to see, could live under such rules of politcal and moral right, and, there- fore, by common consent among Christian nations, such barriers to free Jaw (if not free trade) aro broken down, so that now the sovereign, the diplomatic agents, the troops and the ships of war of oither, although in the territory of the other, are not subject to its local jurisdiction. The citizens of one, travelling or doing business within the confines of the other, can claim the same protection of its laws as can its own citizens, Tho civil (not crim- inal) judgments of Canadian courts we enforce im our own courts; if a man and woman are married accord- ing to Canadian laws our couris recognize the marriage as valid; if any contract is well mado in Canada we enforce it if the parties are properly before our judicial tribunals, Rut a criminal judgment of a Canadian court we do not enforce, Asa Tule wo, n the United States, only take criminal juris- diction of acts done within our own territory; but to this there are a few exceptions, such as crimes n our own vessels upon the high seas,” piracy on the ocean, and, in isolated cases, we have, by treaty stipulations, given to our consuls abroad power to restrain and pun- ish for offences committed in non-Christian eountries Certain European nations punish thelr own sub. fects, returning home, for offences in a foreign land against their own laws, That wo have never attempted. Our rulo is that all for- eigners, in Canada for example, are subject to its crimimal law. Ifwe were to tie our own criminal law around the neck of one of our citizens in Canada we Would subject him at the same moment to two criminal codes, Therefore, our rule is that all criminal law is Joeal, and as a consequence we will not enforce in our territory the code 0: on our own citizens or on hers. We will enforeo a valid civil judgment of a Ca, nadian court, if tho parties are properly under our judicial jurisdiction; bat we will not enforce a criminal judgment or sentence of a Canadian court ‘We will deal in that way with property, but not with life or liberty, and yet, on aecivii foreign judgment, there {s often arrost of the person to compel satisfac, tion of that judgment. So, at this day, Canada and tho Unitea States, notwithstanding the comity which exists Dotween thom as to civil laws, act as to crjminal laws without any reference to the existence of each other, in the absence of special extradition treatics. Wo will ot alluw Canada to arrest on our soil and carry Away offenders aguinst her laws Her pursuit of a fleeing criminal must stop on the fron- ter. And so it is with tho States of our Union. Massachusetts cannot pursue and arrest fn Rhode Island without permission of tho executive of the latter. We all know how our federal constitu- Vion has dealt with and regalated extradition between tho States. Why cannot there be such simp licity bo- tween us and Canada? It is agroed in both countries that the administration of crimmal Jaw should be local; that crimes should be tried in the locality where com- mitted and by the vicinage; that trials on the spot con- duce to the protection of innocence and punishment of ruilt and that extradition remita the offender to tho aeighborbood of the erime, which is the natural foram Jor the administration of criminal justice, THE MORAL OBLIGATION OF SURRENDER, Itis much discussed whether an indeptndent and dovereigh State 1s under a moral obhgation to surren- der fugiiive eriminals (not rebels) to the State wherein, And agaiust whose laws, the erime was committed, Srotus and Vattel, if their opinions be of any weight mm these modern days, both say that a State should uther puuish or deliver up the fugitive, but under our jystem she cannot punish, Puifendorf, on the other hand, deciares that the “lability to war which a State incurs when it receives and provects fugitive criminals arises rather from special compact than from any gen- eral obligation.’ ‘The fact that, under the English common law, aided by the writ of habeas corpus, a fugitive cannot be arrested aud banished from the realm without an en- abling law of Parliament, any more than a criminal can be there deprived of his liberty fora crime doue iu England, settles nothing as to the moral obligation Testing on Parliament to enact the needed laws. The Kings of France repeatedly excreised the power of Surrender as a prorogative right, and the Sovereiga in Spain vo this day does the same whenever in his opinion the convenience of Spain permits it, but the modern tendency of opinion in Europe has no doubt been to pat extradition under legisiative control, This, however, only concerns distribution of power inside tho surrendering State for its own convenience, and not the moral duty ofsurrender, As betwoen ourselves and Canada a pop- Biar vote would no doubt say that cach ought to deliver Qp to the other, and that would end the abstiact ques. Vion in one aspect, but it would remain in another as- peet, to influonce tho construction to be put ou treaties When made, This avtecedent opinion, or prejudice, or Couviction about (Le abstract duty of a soveroign state, independently of treaiy, to deliver up refugee scoun: dreis (not js) has tiiged if not saturated the views Of (hose im this country who have sympathized with Lord Derby in his contention with their own govern. ment. Those who Kon a8 @Xtraditon treaty as an execution af a duty will interpret its doubttal seutences in favor of the State which bas got the felon Into its bunds and thuse who look upon the treaty aa ® Violavion of natural law will, on the other hana, give the beneut o: every doubt te the eriminal, a tL RGITIVES, went in extr Tho practical ex when we deat with d crimes, wl Population of the demanding of surround BOF look upon as ielouies oF even as taisdeun This happens in vx al re revolution, ¢ war OF wciive political p dignity of a struggle bewwe & part of its subjeciz, It also up military service. There is a dawning sense on the part of moro than one stable aud imfuential govern MhuUt that professional politioal conspirators ure uot public biessings, to be treated a such; but yet, to-ua: Hational asylum for political retugees, us against de- livering their persons to a demanding State, 1s asm Violate as once Was tho ecclesiastical asylum of medue- vai days. A State may refuse permission to political conspirators to romain wi her jurisdiction, as France does te Don Carlos; but that { very diferent trom surrendering hin Wo Spain, No seli-respecting Dativn is bound to surrender ur Will surreader op de Mand a political proseript, whose eriine w nonited irom purely potitical motives wad in, erANEe OF civil war, insurrection oF political commotions The tion comes nthe whole rity State do anors, wil vellion, pes LO deserters irom boundary tine between sach an offence and au ordnary rime of murder or 1 tion, between revels and crim be difficult of detection in some bur the law bids us recoguize ik We, fur exam ld not furreuder Pon Carus 10 conviets ty Eaglaud, but pre ered beck to us Wilkes pada after the turder of Spain, uF the escaped Fenian aod would have jouth bad he escaped to dent Linculu. Would as Suiting Hull at he in our own Union, inspire a Governor to demand one as Ww critainal iu order to get a civil process served on hit, ¥o One bation May Use A crituiual oilence as a pretext to wet possession of the person of a rebel; Luv itis uot Ukely. Lt never bas bappened. And it could net hap- pen but once, Between Canada aad ourselves never, ire Between ourselves and Morocco, possibly, on demand of the latter, VORMALITINS FOR BXTRADITING THM CRIMINAL CLASSES. Assuming, therefore, as a starting pout that Canada wishes to afford inviolate asylum to our rebels and that the United States will not torego the luxury of sheltering hers’ (an assumption which obvious! y tends to the theory that rebels have all rights and gov- ernments none), but that each desires 10 repel and surrender the criminals of the other, the problem is how to accomplish both objects. AS to rebels there ought to be no difficulty in the way of formulating ina treaty the propositions that no person shall be surrendered if tho government applied to for the surrender deoms the otlence of a political character; that the accused shall havo a right to @ general trial of that issue beiore su render, und upon the facts ana result of that time the political power shail make and assume the responsi- bility of making the final decision; that for a trial of any extradited person by tho receiving pation for a po- hitical ollence committed before the surrender, all who are concerned in the trial, whether as prosecuting offl- cers or judges, shall be Wable to criminal suits and to civil suits in damages on behalf of the injured person, or Jor the benefit of luis representatives, and, of course, that the prosecuting uation shall be liable to all the consequences of a deliberate breach of plighted faith, Possibly a treaty might also formulate in advance a definition of @ political offence, but the task would ov be easy, and such case had better be left to its own facts. LIST OF OFFENCES. Then, a8 to criminal classes, the list of crimes be- tween ourselves and Canada, with conterminous bounda- ries, should cover felonies and misdemeanors, or all acts punishable by imprisonment, and which are not mere breaches of civil contract, "That comprehensive nega bas already been reached in one or more of our ‘existing treaties with foreign Powers, which eves cover “traudulont bankruptcy,” an ollenée which may be possible only under the law of oue party to the treaty, since the other may have no bankrupt law, PRELIMINARY INQUIRY'AS TO THE CRIM, ‘Thus far there will be, probably, uo serious disagree- ment of opinion between us and Canada, but dilliculty appears Wheu We deal with the question of the quantt quality and authentication of the evidence under wh either will arrest and surrender. Neither would ob- Jeet to giving up its own citizens or subjects or those of ‘n third Power, In 1562 Engiand signed an extradition treaty with France, negouated with great care, Wieroin the former promised to surrender, ou the production to the govern- ment 11 London of a senvnee of conviction on Warrant of upprehension, judiciously verilied, sotting forth the nature of the érimne, a descripuon of the offender, which, when “legalized by the Ambassador or other diplomatic agent of France in London, stall be cou. sidered as positive prool” of the aliegations itcontains, ‘The Home Vilico Was Lhen to examine the autbenticity of the document, to inquire if the crime charged be a treaty crime, and, if atisiled, to notify a magistrate of tho demand, and that the pergon is to be arrested, and, Whon arrested, the magistrate, if convinced of the identity, orders the surrender, “This treaty, it will be n, did not require any prelimrmuary trial of or inquiry suilt belorea British magistrate, but surrendered on inte French statement of guilt, ‘There were grave doubts in the House of Lords about the wisdom of abolishing the rule which required prima fucte evidence of the prison- er's guill to be produced before tho arresting aud sur- rendering magistrate; and the treaty fell, vat not for that reason alone, Upon this point Lord Derby, 1n his recent speech, said:—*You may argue for the neces- sity of preluminary inquiry in all cases; you may argue on the other hand that such investigations aro anu uanecessary form, because if you trust the govern- ment to which you surrender the man, you may bo assured, without such inquiry, that they will try him fairly, and if you don’t trust the government to deal fairly’ you should uot surrender hit at all, Either of these alternatives, T think, 1s Jairly defensible,” Why should we not allow (o run, or assist to enforce, in the United States, a dian bench warrant or other crimnal process suilicient 1 Canada to warrant she arrest there of a criminal offender? Why should wo Teluse td thus lengthen the arm of Canadian criminal justicey We do not assert asylum in the United States forcrimiouis. We only tnaintain it for rebels or politi- cilendere, We willingly enforco a Canadian civil judgment, and why shall we deny that Cunadian criminal jurisprudence is as sound ug its civil jurisprudence? ‘to bo sure, a final judgment im a civil cause 18 a complete act, and a Warrant of arrest 18 a preliminary act; but why not teuxt the general power of Canada io fuish the latter ¥ How does the tact that the offender has passed the fronuer affect our ioral duty or our national conven- jeaceY 1s it not, at last, a question of international faith and credit, and right here do we uot touch tno ditliculty of the British law of 1870 which bas one intlexibie rule for all nations, no matter what their critmiwal code, and makes no distinction between the criminal jurisprudence of the Crescent and the Cross? PRELDUNARY INQUIRY THE ROOT OF THE DIFFICULTY. The British Extradition law of 1870 does no doubt contemplate that a flying criminal found im England shall not be put in Jeopardy of trial by us excepting tor crimes which are made crimes by treaty and upon evi- dence which a British magistrate shill decide tairly Talses Such a presumption of gulitas to put the ac- cused Upon his defence. For every crime tue erimiual shall have the right beiore we can try lnm to appeal to Englund to say if he sball be tried therefor by us Lawrence suid to the President substantially this: “You cannot order me tried for any otber forgery than the forgery deseribed in theextradition warraut ull you tuke me to England and first try me there.’ Some- tumes itis contended that as to the second oilence Isngland only seeks to know that it is not reaily politi- cal in character, und cares ior nothing clse. Others, however, go further, and say that under no circum: Stances sail the fugilive be tried for an anterior ollence not in the treaty, and itis for this that England will Judioially inquire ito each churge. That x govern. Ment sdould refuse to put us arresting machinery in motion tor every litle two-peuny ofience is rational enough; but if trial tor rebellion is guarded against what business or interest is it of the United States to question the justice of Canada? Bu surrendering State must test each ote to be charged by its law, Why? own socurity or that’ of the accused? For its And if it demands such guarantees as to the crime, why not ‘as to moue of trial, cluding ruios of evidence, récuiv- ing testimony, examination of the prisoner, separation Of questions of law and Lact, presumiplious of innocence, composition aud creauoa of the jury and executive power? I! the criminal is to be subjected to trial un- der the system of Continental Europe that 1s one thing, but the Canadian system is quite another thing, THK BRITISU-PRENCH TREATY OF 1852 In the seventh article of the convention vetweon Great Britain aad France, negotiated by Lord Malmesbury, British Minister of Foreign Adairs, and Count Walewski, Freneh Ambassador at Sweaen, the ratilica- tions of which were exchanged June 2, 1852, it was stipulate “No accused or convicted pergon who may be sur- rendered suall, in any case, be procecded against or punished ou account of any political offence comminet prior \ bis surrender, nor for any crime ur oftenco hot described in the present convention which he may have committed previously to bis being sarrendered.” This treaty of 1852 grow out of much misunderstand- ing and dispuie between the two nations over tue treaty of 1843, under whieh France bad claimed of England fourtecu tugitives, but, owing to the bud word- ing of the treaty, only obtained one of them, In 1546 Lord Aberdeen, in ‘a note replying to French com- plaints, said that the Home Oftice and the law oiticers cod that a new treaty Was necessary, and that it was unnecessary to sist on # prelitminary inquiry be- fore a British magistrate. And, as a result of tuis correspondence, the Ministry of the late Lord Derby negotiated the treaty of 1852, which teil in Parhament for reasons already explained, growing large.y out of jusular prejudices against the French criminai code with lis inquisitorial process, An: out of this dispute with France cate the Parhamentary Commission of 1868 and tho British law of 1870, which attempts to put ourselves, France, Turkey, China and Morucco on tue saui¢ toting. Tue copirivanee, in Uits Freneh treaty of 1562, ior dealing with crimes committed betore sur- render, bUL Hub described iu the exiraditioa Warrant, because Not known by either government, seems wortiy of consideration and adoption. According to 1 the surrendering State says to the demanding State, “We Will not pat our arresting machinery im motion Unless: you prove one treaty crime, out When you establish tut one we will deliver up tue offender and you ean punish bim for wny troaty erie." WHO SHALL DRCIDE WHXTHKR THX ACCUSED 18 4 REBEL O& A CRIMINAL? As political offenders are not to be surrendered, who shall decide Whether the crime as proved was liveal character, The early extradition tre to 1890 related chietly to enemies of Lhe s: political seuse, aud otto crumoals. Wh Tyler transmitted the British trey ot 18 ate, he suid it oxcluded wil “eruainal charges aris- of intestine commotions.”” Gut no- thore an accurate dett thas born of political passion, in whieh category the dreadiul crime of shooting President Line coluy It is easy to see that the decision ought not to be left to subyrdinites 1 any government, they be judicial or executive Nothing less supreme executive OF political power can be pousibie, Primarily it is, Of course, a quee- jor ihe State on which the demand is made, but sion tue sovere must be responsible veroin the British law of 1570 must be modified or y is possible between the two nations, That law says “\tagitive eriminat shall not be surrendered (1) if the « in respect of which his surrender is ge- ne of a political character, or (2) if he prove trate or the Coart boior 4 ho 18 DrOUgUL On babeas corpus of to the Secretary of State that the requisiion tor bis surrender i, been made with a view to try of punish vllenco of a political character.” Plis section, it wil be sven, would prevent the British Crown, of its Minister of Foreign Allairs, when cailed the Pres uttor explanation of its refusal, to ter beliud the opinion of a polico magistrate as to Whether the facts established a political offence, and in [ike mapaer would enabie the President to piead the decision ol « federal commissioner of some such ferior jucdicval oilicer. would be intolerable. decision of such a transcendent question must be itical aad sulject to diplomatic discussion. The Queen, or the President, may ilorm or instruct .Ahem- seives by whatever dou ds they see lit to invoke, whether judicial or executive, but for ine final act of surrender, or refuse jer, the nation must be epousor in its politics Tho elementary stipulations of a new treaty of ex- trauition With Cenads ur Kugleid (other nations are bot necessarily meluded) should be:— Ll. Exclusion of (he demand for the surrender or the trial of revels, and inclusion of the puntsument of all ollictals Who knowingly participate in eituer. 2 Th itical power Of each nation to be responsi- vle fo the other nation lor its decision Wherever estab. Iished tacts tinke out # crime ot a political character. o The hst of extraditabie crimes to incluwe all felo- nies and misdemeanors not of a trifling nature, and injuries to lic, huerty or property not arising out ot breach of contract But ali offences to be delined by nar 4 The State on which demand ts made not tobe compelled to pat ie arresting machinery tn motlon Uuloss satigied, according to its owa methods and con- venronee (Which are to be defined), that a treaty vilenee has been committed, but when thus satisfied and the surrender made its jurisdiction and rights over t! accused shall cease, excepting to protect him from trial for a political crime. 5. The treaty to be terminated at tho pleasure of either party on giving to the other niuety days’ notice. SerTempKn, 1876. NEWPORT, BOARD OF ALDERMEN. BEGULAR MEETING YESTERDAY—CROTON WATEB EXTENSION:—WORK FOR LABORERS. Aregular meoting of the Board of Aldermen took place yesterday, President Lewis in the chair, and a quorum being present, Alderman Morris offered s resolation requesting tho Commissioner of Public Works to inelnde in tho esti- mates for 1877 a suiicient sum to repair the following Streets and avenues:—College place, from Barclay strect to West Broadway; West Broadway, from Chambers street to Canal street; First avenue, trom Houston street to Canal street; Nassau street, irom Spruce street to Wall street; Sixth avenue, from Forty-second street to Fitty-ninth street: Seventh avenue, from Greenwich avenue to Fifty-ninth street; Fourteenth street, from Lroadway to Ninth avenue; Eleventh street, {rom University place to Sixth ave- evenicenth street, from Broadway to Sixth avenue; Twenty-second streot, from Broadway to Eighth avenue; Twenty-lirst street, trom Seventh avenue to Eighth avenue, and any other streats that, in the judgment of the’ Commissioner, may need re- pair, He explained that the work referred to is re- quired for sanitary reasons, as streets are paved with wood that is badly decayed. Adopted. Alderinan MeCurty offered @ resolution culling upon the Comptroiler to reu to the proper department all work heretofore ordered to be done for whicu bids have been received and coutracta awarded but the sureties for which he has failed to approve, in order that tho work thus ordered may be advertised and re- let, ag provided in section 91, chapter 335, Laws of 1873 Adopted. GOVERNOR'S DAY AT PHILADELPHIA. A letter was received from J. E. Peytou, repreent- | ing the Ceuteunial Committee and Board of Fina: anhouncing that Governor Tilden will be at the New York State Building on Thursday, the 2lst inst, to re- ceive the people of the State of New York and their descendants throughout the United States, and urging action to make the reception a success, The Board accepted the invilation, and a committe cousisting of the whole Bourd was appointed to make the necessary arrangements for the proposed visit. fhe Committee on Streets reporied upon tho ques- tion of repaving the streets of the city, and they em- boaied a resolution calling upon the Commissioner ot Pubhe Works to include in his estimates for 1877 a suflicient sum to repave all the streets south of Eighty- Sixth sireet, and ail Wooden and concrete pavements in the city.’ The report was adopted. Tue Commissioner of Public Works was requested and directed to extend Croton water pipes along Sixty- eighth strect to Eleventh avenue, and in 12d4ib street, from Firat avenue to avenue A, and in avenue A, trom 123d street to 124th streot. THk TOMPKINS SQUARE NUISANCE, The ordinauce to compel the Department of Parks to complete the work tn Tompkins square was again called up and defeated, the vote on its adoption beg thirteen yeas and four nays, The nays were Biluugs, Wade, Howland and Mori The Board then ad- journed, FISH IN NEW YORK BAY, THE STOCK DECREASING RAPIDLY—THIS SEASON ‘THE POOREST EVER KNOWN BY THE FISHER- MEN, The stretch of water botween the Battery and Sandy Hook has long been a profitable fleld for hundreds of fishermen.. Wish shad tn the spring months and weak fish in the summer and fall these men have almost in- variably received a fair return for their year’s labor. Of course there have been occasional “ofl”? seasons when the business has beon less productive than usual, but these luckless times are common to all waters New York Bay generally has yielded a fair. supply of the finpy tribe until within tho past threo years, Dur- ing \hat time the yield has gradually dimimshed, and the present season has proved an actual loss to those engaged in the fishing business. ‘Tho supply of shad last spring was very meagre, and gave out long betore the usual time, Fishermen who foliow their calling off Staten Island and Robbins’ Reef Lighthouse found their driit nots were of no use whatever, and their gill nets did not repay them for their labor of setting and taking them up. Off Gravesend, or New Utrecht, as it ts called, pond nets Lave beeu generally used from the 1st ol May to the 20\h of Octover, However, this in- dustry Was ubandoued two months ago, on account of the paucity of the returns. At Sandy Hvok, too, only a fow of tue usual number of fishermen are to be teen, | and these complain of ill success. Several of the oldest fishermen on Staten Island conversed with a Hik..Lp roporter on the subject, and ail appeared to think that the diflculty was attribut- ablo to some unnatural cause. One man. who was born sixty-nine years ago, upon the very spot where he now lets boais to pleasure parties, satd:—“I have followed fishing in Now York Bay ever since I was a boy, aud 1 have nover seven things so bad as they are now. Of course there bave been dull seasons once in a while, but now the business has becn growing worse for throo _ years, and unless thero is @ change pretty soou 1 shall have to look tor something elso to do.’ He said that his fellow fisuermen in other parts of the Bay had made the sate complaint in regard to the scarcity of fish, The oystermen, too, were suifering in uke man- ner, There had been no good oystors in i’rucess Bay Jor three years. When asked what he thought was the cause of it all ho replied that he believed the dumping of rotuse matter down by Conay Iwland had a good deal to do with it, ‘They used, he said, to dump it on the west side of the island, but now they throw it down any- where, ‘The flood tide carries & great deal of it back and fouls the upper portian of the Lay, He also be- lieved that the oilworks bad a shure iu the harm that was done. 1t bad been an increasing evil of lute years, and he bad seen occasions this last summer when the oll had veen a quarter of au inch thick on tho surface ‘of the water, ‘The old fisherman concluded by saying, “{ hope tehing may be better this fall, but 1 guess they’re protty well scared out of the Ba YELLOW JACK. FALSE ALARMS IN BROOKLYN—TWO BOGUS CASES REPORTED. Yesterday morning the health authorittes of Brook- lyn were notitied that there was a schooner lying in the river off the foot of South First street, Eastern Dis- trict, on board of which vessel ® sailor was sick with yellow fever, The report came througu Police Head- quarters trom the Fitth precinct station house to Dr, Otterson, Health Ollicer. Inspectors Griffith and Morris were despatched Immediately to investigate the ramor and if found correct to cause the in'octed vessel, which ‘was said to have recently arrived isom Savannah, Ga., to be towed to quarantine. The inspectors visited the locality, but were uaudte to discover any vessel in the viciily upon which there was sickness, nor could it be ascertained that any vessel had arrived there from Savannat: lately. On Wednesday afternoon Dr, Otterson wi moned to ibvestigate an alleged case of yellow board a schooner in Gowanus Canal. Ho found the pa- tient suflering from chilis and fever, nothing more, and caused his removal to the bospital. The recent case in Cranberry street bas led to these false alarms, CORONERS’ CASES. The following inquests wero held at the Cororera’ office yesterday :-— By Coroner Eiekhoff, in the case of Lawrence Car, roll, aged thirty-e:ght years, who dicd from injuries re- sived by the falling of a scaffold at the foot of Sixtioth street, North River, on the 4th met The jury cen- sured the parties who superiutended the building of the scaffolding for carelessness in not rejecting the Umber that broke, causing the fall of the scaffold. By Coroner Eliinger, in the case of Henry Heinlein, aged filty years, of No. 196 Third street, who commit ted suicide by shooting Limselt with a pistol through the chest, im Central Park, on the 1980 ult, By Coroner Killinger, mn the cage of Martin Turm aged thirty-seven years, of No. 422 West Tuirty-seventh gtrect, who committed suicide &t his residence by tak- ing Paris green ow the 6th ult sy Corouer Kilinger, in the case of Moses Greenhut, aged sixty-six years, who identaily ran over by a wagon driven vy Charles Weymor, on the lst inst, At the corner.of Filty-foarth street aud Lexington ave- nue. Five ofthe jarymen exonerated the driver from ali blame, but the Ouber two considered his carelessness culpabie, and he was consequently placed under bonds for $250, . By Coroner Eilinger, in the case of Garrott Murphy, agod nine years, who Was accidentally drowned on Suly at pier 3 Nortu River. By Coroner Elliuger, in the case of Henry Kroem- melbein, aged tweive, of No. 645 East Sixteonth street, who was accidentally Killed by veing caught in the belt of asieving machine, on the 10th ull, at No, 619 Bust Fifteenth street, ‘The jury declared that they were un- able to determine Whom t biame, and recommended proper caution to prevent similar accidents tn (uvure, By Coroner Elimger, in the case of Wiiham HL Clark, ogod ton, of No. 138 Waverley place, who was ae cidentally run over and killed by car No, 572 of the Sixth avenue railroad on the 6th inst. The driver was exonerated from all biame, amd the jury recommonded that the company provide gates on tho tront platform in order to provent sitoilar accidents BROOKLYN CITY BONDS. Yesterday the bids offered for Brooklyn eity bonds recently authorized to be issued to the amount of $500,000, bad reached, apward of $1,000,000. For $250,000 of bridge bonds, thirty-three years to run, bearing 1X per cent intereet, from $108 81 to $100 was otlered, For $150,000 of sewer bonds, three years aud seven per cent, $104 55 to $106 50 was bid. For $100,000, Lbirty three yours, six per cent asvessinont Donds, $101 V1 jy bo $102 555, wore the prices oiered, REAL ESTATE. ‘The following salos were effected at the Real Kstate Exchange yesterday :— D, M. Seaman sold by order of the Supreme Court, In foreclosure, W. 3, Yard, referee, a house, with lot 25 fect by half a block, No. 24 East Broadway, west side, between Catharine and Markes streets, to William Zschwotzke, for $20,700. Richard V, Harnett sold by order of the Supreme Court, in foreclosure, Maurice Leyne, referee, two houses, with three lots, cach 25x100, on College ave- ue, southeast corner of 146th street, to Charles Lorsing, plaintiff, for $2,400, V. K. Stovenson, Jr., sold by order of the Supreme Court, in foreclogure, D, 8, Williams, referoe, a plot of land, 50.5 by 100, on Second avenue, east wide, 50.5 feet soni ot Ninety-cightn street, to A. W. Spooxer, for 500, A. J. Bleecker & Son sold by order of the Supreme Court, in foreclosure, J. Grant Sinclair, referee, one lot, 4 by 1022, on Kast Seventy-tnitd street, south side, 150 fect west of Third avenue, to Joseph Eute- man, 1or $9,325, ‘TRANSFERS. Monroe st; (No, 89), ns. UB.ts tte. of Pike, 17.0% 71.10; M. L, Schull and husband to A. F. Gerding, . ey 125 Mt. e, of Public Drive, 75x10), also Fubbie Drive, ¢. 6, 24.11 ft 8. of Leth st, 103 X10; k. De Kgeoriuaa, executor, to L. Puneet 25th at, ng, 690.8 It.w, of Teh wv., 200xUa9) 112th st. ow, 247.2 tt. w. of av. A, 20.10x100.11 M. J. SleKechuie to C.F. Barn arses S7tU Bt, Mew, DUBS It Ww. of Ueh a 435x100:5; 1. De Jonge, executor, to E. Robinson, see ‘Talmad, 0. @, corner of Washington av., 50x 20.10; also Talmadge w. corner of Madison ular, (2ith wal ‘@sington st., s. cor ner Hoboken st., 20x60; Wm. HM. Farmer and wife wo A. Farme: 8, S00 TL w. of ath ay. 903x90} Wan if, “Vaudérbiit and wife to Mary Lu Bau $1,000 26,075 32,000 12,000 18,250, 15,000 000 . 138.4 the, of , ¢. of 3d wy,, 17x102.2; Khrleiei.. 39,000 5,000 14,000 King ‘a suranee Company to H. . 16,9-7 1. W., LOOT. w, of Lexingtor nikel aud wile to Joku Brown, 10,500 ba, 140 Tt, w. of Sd wy., 2UX 100, ite vo J.P. Swuith Z1at st. ms, 240.9 tt. w. of Oth’ av., A. M. Leslie wud wile to G. 3i duh st, m, Hub Ht 6, of Lith av.” 100x1005; E. 3. ‘Dakin, reteres, 10 Kquituble Life Insurance’ Com- tty & &, 101.9. tt, 6 of 7h wv. 1G8x100.5; LO, Corbet, referee, to A. F, Holly. pede Lease, Broome st., No. 257 A. Weisman to A W. Wois- manu; 10 yours... eee ste weeseeereses 0 MORTGAGES. Jennings, Jobn, wife and 4.» of G5tl w. of 4th ay 2 montns. ‘ Barnos, Charles F., tu FH. Woeks; n, « of 112th y., Ww. of av. Ato 2 8,000 Corawall, N. K,, + or Teh ay. so 15,000 ery Methodist pivcopal Chui on; & 8, of Th of Hall pince; 3 youre...... S000 Brevnan, Thomas aid wife, to Kmigruat’ Industelul Hank; s, 4 of Morris st., betwoon sroaqway and Grecewieh sis, ; 1 yoar, 6,000 Lupve, George .W. und wife, to road from Yonkers (24th ward) ; 2 months. 1,000 J. wud husband, to N. Wi months. 1,215 2.583 8. of 37th ate, w. of 2d a 4,000 Same to Rosa Geissenhain w. of 20 ay. & yours Werdouschlag, Abram, to Sewarch Hrochol (Congre- gution ot), w. &. of 7éh av., n, of 2uth at. ; 1 year, Taeobus, Charles H. and wile, to F. bi ‘of 3d ay., 8. of 40th at, ; 3 you Gray, William and wife, to Charles Lainer, ‘n.” 6. of 4¥th ot.. w. of 6th av.; 3 years. i, ‘eee Hunter, Leander, to Bronk Van Loan, w. & of Sith et. W. of 9th av.: 3 years... oe oe Same to H. MeGuekin, n, «of Séth st, w. of Oth wi 12,000 13,000 1 month. i 2,500 Johnston J.B.) to Society for Widows dnd Uiiidren ; 1 yeur * woe 89,570 Rolph, 4. D., to the Homaopathic “Mutual Lito in- suranee Coinpany, Kingsbridge road; 1 yeur...... 10,000 Smith, Ch to W. W. Coneklin, n. 6. of 4th se, e. of Bowery; I year.... aU re 1,000 Hupfeld, John hud wite, to Janos Usher, «6, coraer of dth'ay. and Lath st es 1,200 Johnston, J. B., to W. T. Cr tween Sth and oth avs; due. + 30,000 ‘ASSIGNMENT. Tho following assignment was yesterday filed in the County Clerk’s office:—William H. Middleton, Gilson Carman and George W. Middleton, comprising tho firm of Middleton, Curman & Co., to James C, Comstock and George W. Middleton, Se MORE STONEMASONS GONE. ‘Yosterday morning, at cleven o’clock, the steamship State of Virginia, of tho Stato lino, left this port for Glasgow, taking among her passengers in the stecrage seventy unemployed stonemagons trom: this city, who are following the couple of hundred who emigrated to Glasgow a fortnight ago, The emigrants yesterday paid their passage to Scotland. Messrs. Johu Coguill & Son, of Greenock, Scotland, who engaged the first large batch, will not pay any more passages ut present tll they have ascortaied if the American workineu pleaso them. CAPTURE OF SMUGGLED SILK. Yesterday morning Customs Inspectors Chapman and Waldo, stationed at Castle Garden, noticed a man who had come trom Liverpool as a steorage passenger on the steamship Abyssinia, from Liverpool, with very thin legs and a vesy portly body. He was invited to step into @ private ollice and strip. Ho suggested that it was too cold, and a useless proceeding. The olllcor insisted, and when his shirt was taken off a roll of tho finestaqualty of silk was found to envelop bis body, The silk was turned tuto the seizure room of the Cus- tom Hoase last night, and 1s worth about $150, BURGLARS CAPTUSED. At about one o’clock yesterday morning Frederick Bauer, a baker, living at No. 491 Tenth avenue, was awakened by a suspicious noise in the rear of his shop, and, going there, saw two burglars making thoir escape, Bauer burried out and notified Officer Malone, of the Twentieth precinct, giving a description of the men ‘The officer kept asbarv look out and, at tour o'clock A. ML, noticed two men emerge from an alley on Phirty- ninth street, They started to ruu as he approached, but the oillcer quickly drew bis revolver and coi manded them to stup. Afier be had fired two shots the men come toa stand still, At the station house they gave the names of George Keech and Louis BANKBUPTS’ Dreyer. In their pockets were found watehes aud jeweiry, stolen from Bauer, amounting to value to ‘$200, "They were arraigned before Justice Duffy, at the Washington Place Police Court, yesterday and held cach in $1,000 to answer. THE BLEECKER STREET BURGLAR. Another complaint was made yesterday against Theodore Driltmeyer, the burglar who was shot by Mr. Frederick Leporin, keeper of the fancy store No, 96 Christopher street, while attempting to rob the house ou Monday last, On Saturday last the residence of Mrs, Jonn Dwyer, No 1,956 Third avenue, was entered by sneak thieves and rovbed of a gold watch and chain, vaiued at $200. be ignggs oo was fully identified by Mrs. Dwyer and othors os the thief, He contessed esterday that he hud given the watch and chain to Frederick Jauber, keeper of a saloon at No. 91 Amity street, for safe keeping. Mr. Jauber promptly surren- dered the property to Detective Worsey, and on being Uroyght vetore Justice Duly, yesterday afternoon, was honorably discharyea, Drittmeyer way held on an additional compiziat of burglary in detault of $1,000 ball, ¥3 POLICE NEGLECT, To tux Epitor or ras Hxratp:— Please allow me sufficient space in your most val- uable paper to retate my last night’s experience of “the finest police force’’ in the world. Returning trom a visit In Now York by the Grand and Roosevelt street line of cars I attempted to alight at the Williamsburg ferry, foot of Grand street, when I was attacked by three pickpockets, 1 succeeded in breaking away from thom, and shouted ‘police”’—in vain, The gang seemed vory little alarmed, as they did pot leave the ueighborhood for more than half an hour, during which I kept them in sight, trying my best to find a policeman, But tho ‘finest force’ coald not be found in one of tho most crowded of our thor- oughiures. In the meantime I learned that the thieves had “worked” the cars at this point for some, time, one gentloman having bad his wallet stolen, oiner bis watch; and finally | lett in disgust at Scandalous cowardice or complicity of the police, for 1 am certain that some oflicer must have noticod me or wy teilow sufferers, ur, ut all events, the general ex- eitement which pervaded the crowd of people at the Umne, but did vot want or did not dare to show bim- sell. 1 need scarcely add that the hall-dozeu car con- ductors and drivers present looked on in apathy and Justified the reputation of their class by bot inter- fering. Respectiuliy, HD. BROOKLYY, Sept 6, 1876. MINOR ACCIDENTS. Augustus Brown, of Ne. 40 Manhattan avenue, Jer- sey City, fell from a cross town car at Tenth street and avenue B yesierday, and was severely injured, David Valentine, a watchman in Macy's store on Fourteenth street, had hw aukle brukom by @ fall through « batchway, | SUPPLEMENT. fn GRA SS 1 Si, i A AACR ELSIE SE ASS messuigherteaciy THE COURILS. During the recent partial vacation of the courts workmen have been busily engaged in renovating and ip some respects greatly improving, both in appearance and convenience, the different rooms. Tne first to be finished is that used as Part 2 of the Supreme Court, and into it Chambers of that court, for sume time beld in one of the rooms of the Common Pieas, was re- move: Jortareay temporarily. The process of cleans ing and improving still goes on in the uniuished rooms, THE ZEIGLER HABEAS CORPUS. The caso of Matthias Zeigler, reported in yesterday's Hueravp, came up before Judge Westbrook yesterday, in Supreme Court, Chambera Zeigler, as will be ree membered, was arrested in June, 1875, and committed by the Court of Special Sessions on two complaints for manulacturing and selling obscene photographs. Tie now, through lus counsel, Mr, Benjamin F, Kusseil, claims bis discharge on the grouud that the statute under which he was sentenced was uvt rightly con- strued by the Court. Judge Westbrook, after some argument, adjourned the matter until this morning, at which time it will be finally disposed of SUMMARY OF LAW CASES. Suit has been begun in the United States District Court against Simon Bache & Co, tor the recovery of $133, alleged unpaid duties in an importation of win- dow glass, Suits have been begun in the United States District Court against A. 8, Southworth, ,receiver of the Bleecker Street Ratiroud, for $10,000, unpaid revenue dues and the ponalties thereon, aud a similar suit for the same amouut bas been brought against the company. DECISIONS. MARINE COULI—CHAMBERS, By Judge Sinnott. Schurrager ve. Borden; Watterhouse vs. Inncss; Neass vs, Schneider; Brainerd vs. Schappert; Duberuell vs. Downing; Hough vs, Williams; McDonald vs, Cava- bagh; Reicuard vs, Kraushaar; Mausiicid vs The Papaina Katiroad Company. —Urders granted. Man va, White; Mau vs. Cohen,—Motious granted, Hoban ys, Hoban, —Order signed, Hilton ys. McCormack; Stiles vs, Smith; Hobbs vs, Starin; Hobbs vs. Ulegar; Curry vs. Farley; Ayers Vs. ; Stevens vs. Muldoon, Abels va. Sturk.— Orders grautod, By Judg> Sheridan, Steinberg va. Finelite.—Report of refereo confirmed; attachmeut vacated, with costa, COURY CALENDARS—THIS DAY. Surusms Oovnt—Cmamuers—Hold by Judge West- brook.—Nos. 37,23, 66, 07, 70, 80, 91, 92 95, 162, 164, 165, 199, 200, 222, 241, ‘248, 251, 257, 203, Boo, Making CourtT—lulau Tam —Part 1—Hold by Judge Sheridan.—Nos. 7720, 6572, 8241, 8247, 4455, 4457, 4458, 4450, 4460, 4462, 4465," dd60, 4467, 4408, 4409. Part 2— Held by Chiot Justice Shea,—Nos. 4350, 1454, 4419, 4421, 4426, 4428, 4430, 4431, 443z, 4440, 4447, 4451, 4452, 4458, 4459, Court ov GuwsaaL Skssions—Part 1—lgld by Recorder Hackett.—T'bq People vs. Thomas Seaver, robvery; Same vs. Goorge Suith, robbery; same vs. Frank Kiley and Jon Shea, robbery ; Same vs. Charles Kobier, robbery ; Samo vs. James Fitxpatrick, robbery ; Same vs. Thomas McAdams and Wiliam Killian, rob: bery; Same vs. Romain Paesquado, rape; Sume va. George J. Seis, rape; Same vs, Poter Quinn, teionious ansauit and battery; Same va Frank Ariingtun and Josephine Montoulee,’ felonious assault und battery; Samu vs. John Benkler, tcionious assault and buttery; Same va. James Hughs, grand larceny; Same vs, Cor- nelius Devine, grand larceny; Same vs. Mury Michell, grand larcevy; Same va, Edward Sibin, graud larceny; Same vs, Thomas Geary, James Kelly and John Keeto, grand larceny; Same vs. Henry Fields and Mary Fields, grand larceny; Same vs, George W, Har- risou and Hevry Stewart, grand larceny; Same ve. John Mcchan, grand laiceny; Same va. Susan Kyan, grand larceny; Samo vs, Henrietta Wiobel, grand Tarceny; Same ys, Isaac Willse, Jeremiah Dayton and Kdward Landers, grand larceny; Same vs. Cassio Hughes, felonious assault aud battery; Sume vs. Will- jam Westiall aud Jobe Clark, Ligh eed Same va. Will- fam Kelly, burglary; Same vs. Margaret Whaien, as- ault and battery; Same vs. Frederick W. King, folo- nious assault and battery; Same vs, Danicl Kenny, fe- lonious assault and vattery; Same vs. Edward Wail, felonious assault and battery; Same va Honry Weber apd Jobn Woll, grand larceny (two cases); Same vs. Jonathan Brice’ and John Wass, grand larceny; Same vs. Peter Muller, grand larceny; Same vs’ John Walker, forgery ; Same vs Julius Zeigle, forgery ; Samo vs. Frank Walton, seduction; Same vs. Herman Wei- gand, false pretences; Same vs, Jolin Whito and Robert Brown, assault and battery; Same vs William White, assault and battery; Same vs. John Keynolde, grand larceny; Same vs. Jobn Hurley, grand larceny; Samo vs, Jerome Fuerth, forgery. GENERAL SESSIONS—PART 1, Before Recorder Hackett, A YOUNG HIGHWAY kOBDER. ‘Thomas Smith, a fireman, twenty-one years old, and living at No. 774 Washington streot, was tried upon an indictment charging that he, on the afternoon of Au- gust 1, knocked down aud attempted to rob of a satchel an old lady named Margaret McCool while she was walking through Twenty-clgnth street, Tho robber be- camo frightened at the outcries of the old lady and ran off without attaining his booty. Half an hour later Smith was arrested in the vicinity of the piace of the outrage. He protested his innocence when arraigned beiore the Recorder yesterday, and clutmed that it was a caso of mistaken identity. ‘Four witn includ. ing Mra. McCool. positively swore to the identity of the prisouer with a man who was seen iu tho neighbor- hood of the outrage about tho time it occurred, directly contradicting smith. Smith said ne had not been in the vicinity. As he produced not a single witness to cor- roborate nis statements or prove an alibi, the jury found him gully of attempt at robbery i the first de- greo, and the Recorder acnt bum to State Prison tor five years, THE KNIFE. John Higgins, who stabbod Patrick Sullivan, of ave- nue B and Fourteenth streot, in a quarrel on the 3d of August, 80 that tho latter was confinod tor some time in Bellevue Hospital, was found guilty of simple assault and battery, with a recommendation to mercy. He was sont to the Penitentiary for six months, GENERAL SESSIONS—PART 2 Before Judge Gildersleeve, A JURY WHICH COULD ROT AGREE, Tho day was almost entirely occupied in the con- tinuation of the trial of Rene Raisin for an indecegt assault upon a child The jury failed to agree after several hours’ discussion, and the accused was released ‘on $500 ball to await a new trial, A MEAN THEPT. Jobn C. Leach, a workman employed at the Eye and Ear Infirmary, pleaded guilty to stealing $150 worth of clothing from the matron of the institution, and was sentenced to two and a halt yoars in State Prison. POLICE COURF NOTES, ‘At the Tombs Police Court yesterday, boforo Justice Morgan, Ellen Young, of No. 49 Mott stroot, was hold to answer a charge of picking tho pocket of Michacy Irving, of No. 433 East Sixteenth street, of $12. Morris Goldstem, of No. 63 Warren street, and John Henry, of No. 11 Desbrosses street, both boys, were also committed on complaint of Patrick Quina, a night watchman employed at the bonded wareliouse No. 374 Greenwich street, who charged that while asloep in the latter place the accused took from his pocket the sum Justieo Morgan, at the Tombs Police Court yesterday, heid for trial William Lilly, of No. 28 Rose street, and Wilham Yaegar, of No. 13'Koso street, on a charge of breaking into the premises No, 2 Duane street and steuling $15 worth ot brandy Ip the Court of Special Seesions yesterday, before Justices Morgan, Fiammer and Ovterboarg, Mary Fox was fined $50 {or owploying nor child, aged nino yeas for mendicant purposes. Heury Eiden, of No. 623 West Forty-seventh street, a clerk in the employ of Amandus Kemper, of No. 728 Second avenue, was charged at the Fifty-seventh Street Police Court yesterday with embezzling $53, which Was subsequetily found in his trunk. He was comtnitted for trial, * ilicer Fleming, of the Second District Court, yes- terday morning arrested Guesie Landers, alias Henry, for scaling $90 trom Charles E. Gray, of No. 6d Thomas street, in the house No, 459 Sixth avonue, in August last. The prisoner, who said she was a dress- maker, Was held for trial. UNITED STATES SUPREME COURT. DECISIONS. MUNICIPAL BONDS—MANDAMUS TO COMPEL AUDITING. No. 866.—Samuel B. Lower, the Supervisor; Allen 8, Waitors, the Town Clerk, and Samuel B. Lower and Porry ¥. Rensburg, the Justices of the Pouce of the town of Obio, in the county of Bureau and State of Tilinois, plaimtifs im error, va the United States of Amorica, ou the relation of George O. Marcy, deiendant in error,—In error to the Circuit Court for the Northern District of Llnois. ‘The answer in this case presents no dofence to the collection of the juugmeot m the manner sought by the peution, The judgment was rendered upon certain Coupon notes of the town of Ohio, a municipal corpor tion of Bureau county, and the object of the petion is to compel the plaintiffs in error, as town auditors, to audit it, so that it can be placed in process of collection th accordance with the Hiinois township Iaw, This law provides specifically for the auditing of town charges, Among which judgments are included, and for the levy of taxes to pay them, (Revised Statutes of Ilinois, 1874, p. 1,08) Bat the plamtiffs im error say that jomerenss the the one in question can only be col- jected through the mode pointed out in the funding act of April 16, 1869, It this wore # fortunate predicament, a taxation to collect his judgment, nor obli; vo pay it be Funding act, originating in the necessities of the indebted municipalities of the State, proposed a mode to help them, by the collection apd disbarsement of a State tax levied within their respective limits, but the (Id., p. 791 ot seq.) ‘he relator would be placed in an un- ho could not resort te local the State State expressly disclaimed all lability on account of their indebtedness, and oly assumed the character of acustodian of the money which reached the treasury, The act did not profess to change the terms of the se- curitivs, nor exempt the municipality from the o! “4 tion to pay them, They were, it is truo, registerod im the olfice of the Auditor of Public Accounts and pay Die at the treasury of the State,tbut the holder was required to resort only there ier pgyment. This meat "] migot fail, but, whether it did or not, bis right secure tn the instrument of holding the municipality hable for debt was not thereby impaired. ‘bis is especially true when the coupons have been mergod iu a judg- ment, for there is n0 provision in the Funding act 1a pay ‘it, oven if could be paid by tho taxes levied My the State Auditor, the remedy 7? voked by the relator is not taken away. It would bo singular if it were, when the town owei the debt and the judgment so declares. The statute 10, p. 691) provides “*that the writ of mandamus shall Co Be dante because the petitiouer may have another specitic legal remedy, wheu such writ sball afford @ proper and sufficiont remedy.” Under it the inquiry whether there is even a better remedy than the one asked for does not arise. It is enough to know that the writ is an appropriate and suilicient remedy t¢ compel town auditors to audit a charge against the town, when their action is necessary to deterin’ the amount of money to be raised by taxation. 1a Illinois an ordinary execution des not issue on such # judgment, but the corporate authorities, on refusal t@ ‘Duy, can be required to levy a tax tor the purpose when the Board of Auditors have certified that tho charge against the town 18 4 proper one. The relator took the necessary steps to have this certificate made, but the plaintiffs in error only allowed a small portion of the balance due ou the judgment, without any legal excuse for not auditing the residue. They admit in their answer the existence of the judg- meiit and the amount due theretrom, and they are not at liverty to question the liability of tne town to pay it Lt does hot differ, so far as they are concerned, from cone obtained against the town for ordinary charges, ‘Auditing it, 80 that provision may be wade for its pay- meut by taxation, is a mere ministerial act, not ibe volving the exercise of official discretion, the periorm- ‘lance of which can be coerced by mandamus It was rendered by a court having jurisdiction of the parties and of the subject matter of this action, and there 18 bo controversy as to the amount due, But the Judg- ment oi the Circuit Court is so modilled as to direct the Board, at their next r gular meeting, to allow the judg- merit, instead of “forthwith,” as ordered. This is to avoid the question of the authority of the clerk to ex- tend a tax for the collection of a judgment on tho cer- tificate of the auditors made at an irregular meeting. Mr. Justice Davis delivered the opinion, PRACTICR—FINAL JUDGMENT—WRIT OF ERROR, No, 647, Fayan D, Atherton et al, executors, So, plaintifia in error, v3. John Fowlor et al. —In error to the Supreme Court of the State of California, ‘The plaintiifs in error claimed ttle to the hay in con- troversy in consequeuce of ullogod rights ucquired under the act of Congress passed March 3, 1863, en- titled “an act to grant the right of pre-emption to cor. tain purchasers of the ‘Soscol Ranch,” in the State of California,” (12 Statutes, 403). The decision of the State Court was ugainst their title, This presents a question within the jurisdiction of this court, ‘The judgment of the Supreme Court is the final judg- ment in the suit, within the mearing of the act of Congres, (Kevised Statutes, 709). It reversed and moditied the judgment below, avd did not permit farther proceedings in the inierior court, it the de- fendants consented to the moudilication directed as to the amount of damages, This consent has been given, as the record shows, and tho Judgment of the court below is the judgment which the Supreme Court directed that court to enter and carry into execution, ‘The litigation was cnded by the decision of the Supremo Court, No discretion was lett ia the court below if tho Toquired consent was given, 1 ‘Toe writ of error was proporly directed to the Su° prome Court of tho State. We can only re-examine “final judgmont or decree in any euit in the bighest court Of a State 10 which a decision 1 the auit could be had’? (Revised Statutes, sec, 709), For the purposes of such a re-examination we require the record upon which the judgment or decree was given, and we send out our writ of orror to bring it here, ‘That writ is to operate om the court having tho record, and not upon the purtics (Couens vs. Virginia, 6 Whoat., 410). Tho citation yoos Wo the parties and brings them betgre us, Tho writ ot error, therefore, is properly “directed to the court, which holds the proceedings as purt of its own records aud exercises Judicial power over them” (Hunt vs, Palas, 4 How., 590), If the highest courtin tue State retains the rocord tho writ should go thore, as thas court cau best certify to us the proceedings upon which {thas ucted and given judgment, As it is the judg- ment of the highest court that we are to ro-exainine ‘we should, if we can, deal directly with that court, and through ‘it, if ‘necessary, upon the interior tribunals "It ig, perhaps, sate to say that a writ will never be dismissed for want of jurisdiction, because it wus directed to the nighest court in which @ decision was und could be hud. We may not be able in all cases to reach the record by such a writ, und may be compelled to send out auotl vw a differont court bofore uur object can bo accomplished, but there ig no ground for dismissal We have the right to send there to see if wo can obtain what we want But in some of the States as, for mgtance, New York and Massachusetts, the practice is for the highest court, after ite judgment bas been pronounced, to send the record aod the judgment to the interior court, whero they thereafter remain. If in such # cage our wril should be sent to the highest court, that court might with truth return that it bad no record of 1ts proceed: ings, and, therefore, could not comply with our de- mand. Upon receipt of such return we would be com. pellod to seud another writ to the court having the Tecord in its possession. 1t has been so expressly do cided in Golston vs. Hoyt (3 Wheat, 246), and Mevuire vs. Commonwealth (3 Wali, 382). So, too, it we aro in any way judicially’ imiormed,' that under the luws and practice of a State ‘tho highest court is not tho custodian of ity own ro cords wo may send to the highest court and seek through its instrumentalty te obtain tho record we require from the interior Court having it im keeping, or we call directly upon the ine ferior court itsell, But if the bighest court ts the logal custodian of tts own records, und actually reeans them, we can only send there, Itis held to ve the rule of practice, that If the highest court bas, atter judgment, sent its record and judgmont in accordance with the Jaw of the Stato to the interior court tor gate keeping, and no longer has them 1n ity own posses gion, we may seud our writ oither to the highest court or to the inierior court. If the highest court can and will, in obedience to the requirement of the writ, pro cure a return of the record and judginent from tho in- ferior court, and sood them ¢o us, ho writ ueed go to the interior court. But if it fails to do this, we may, ourselves, send direet to tho court having the recor in its custody and under its control, But if the law Tequires tho highost court to retain its own records, und they are not in practice sen¢ down to the inferior court, our writ can only go to the highest cours— Motion to dismiss denied. The Chief Justice delivered the opion. No, 648, Atherton et al. va. Fowlor et al—Also dis posed of by the above opinion. THE BROOKLYN BRIDGE. IMPORTANT ' MEETING OF THB BOARD OF TRUSTEES—PROGRESS OF THE WORK—SPECI- FICATIONS FOR THE GREAT CABLES—EM- PLOYES DEBARRED YROM BIDDING FOR CON- ‘TRACTS. ‘Au adjourned meeting of the Board of Trustees of the New York Bridgo was held yesterday afternoon, There were present Mayor Schroedor, Park Commis sioner Stranahan, City Works Commissioner Slocum, Colonel Thomas Carroll, ex-Congressman Thomas Kinsella, ex-Rogistrar William Marshall, Congressman Abram 8. Hewitt, James M. Motley, ex-Senator Henry C. Murphy, Lawrence Turnure, John Reilly and Comp: trolier Powell. President Murphy occupied the chair, and the financial statements, which were published last Tuesday, wore read and ordered on file. Mr. Murphy said that alter six months of experiment by the en- gineers tho specifications for the great cables of the bridge are now ready, ind it was necessary before the bids be asked for that the Board of Trustees showla ap. prove them, ‘The specitications were, on motion, re ferred to tne Executive Committee tor report, Mr. Murphy said that many notablo events in the hisvory of this bridge had occurred since they last met, He referred to the fact that $436,299 77 had been paid to tue private stockholders, which circumstance leit the bridge now entirely in the possession of the two cities, The injunction applied for by the New York Stippi Assocation to restrain the trustees from proceedin with the work had been denied by Judge Jobnson, one of the ablost Supreme Court judges in the State, and there was now no fear ot (heir meeting with any ture themlegal obstacles, as long as they adhered to the original plang for the construction of the bridge. Both towers and auchorayes bad been completed and all the jund required between the towers and the anchorages had been purchased with the exceptivn of two pieces of ground on the New York wide. ‘The contract for cast. ings and other iron work for the temporary tootway wus awarded August 7, tothe Keystone Bridge Com. pany by the Executive Committee, All ike contract for atono has been closed and the contractors are paid, Abram S, Hewitt stated tuat he bad examined the specifications of tho engineers for the main cable and be found that they were Wise ana excellent He said ho was very strougly opposed to the idea of the having anything to do with the filling of for the bridge. He offered tur adoption the foliowing : Resoived, That bids trom any company in whi truateo, ofcer or engineer of the bridge her an Interees wil not be reeeived vr considered, nor will the successful bidder be allowed to sublet any part of his contract so avy persons oF coupany. ‘The resolution was adopted unanimously, The spoo- ifications will be made public in a few days, Tho [onan for a. tor the great cables will be a very eavy One, and will involve the expenditure of upward 1 one million dollars, ah hy, ‘CAUGHT AT LAST, On Thursday evening a horse and wagon, valued at $2,000, owned by S. L. Ovto, were stolen from in front ot his residence, No, 98 Bleecker street Tho horse was a son of Cyrus and was purchased from Alden Golde smith for $1,500, gold. A full description of the horse and wagon was sont out from Police Headquarters, While on duty at Upper Rahway yesterday OMccr Tucker, of the Jersey State Police, saw two men whom, from their appearance, be judged to be thieves, driving Mr. Otto's horse and wagon. He promptly arrested them, They gave their names as John Manley and Willan H. Watson, Both mon, however, were recog. ized as notorious thioves, Manley’ pam William Davia, residing at Nor o1 South Fifth avenue aod Watson being Wiliam E, Burtis,a Bowery th: On searching them there was found a $100 Masenie (CONTINUED ON NINTH PAGE} -—* " “4