The New York Herald Newspaper, September 23, 1876, Page 11

- THE COURTS. Peculiar Suit Growing Out of a Peculiar Chattel Mortgage, Interesting to Members of Militia Regiments. An Avenging Nemesis After Post Office Robbers. se 4or some yoars prior to March, 1875, one Fritz Voltz carried on the business of a soda water manufacturer at No. 11 Clinton street, in this city, but on the 20th of that month his place was sold out by the Sheriff, Philip Laun becoming the purchaser and thenceforth continuing the business, Laun waS one of the judg- ment creditors in whose favor the sale had been made under execution, but it appears that previous to such sale Voltz, the judgment debtor, bad given a chattey mortgage on the property which Included the appara- tus, horses, wagonsand botties on the premises, the latter numbering about twenty gross, On the 17th of May following the gale Louis Cohen, an attorney, the anortgagee and a marshal appearod on the premices and demanded possession of the property under the mortgage. This was refused, Voltz resisting and Grawing a pistol unto arrested by a policeman, and the properly was thea remo Voltz then commenced a suit io replevin for the recovery of the propercy against Cohen and bis associates, which was yesterday tried aud disposed of betore Judge McAdam aud a jury, in the Marine Court, Plaintiff alieged the property io be valued at $1,000 and sought to recover that amount or the property itsel!, on the ground that the mortgage under which defendants had taken possession ‘Youd upon its face as against a judgment creditor under the law as lsid down in a case reported in 3 Keyes, pages 407-409, New York Reports, in that after describ: ing the article mortgaged if contains the additional words—“and all other goods and chattels in and be longing to said business now there or which may there when tuls mortgage and* payment thereof is demanded.”? These words, it was ¢launed on behalf of plaiutiff, constituted a mortgage, at least in-part, on a tluctuating stock; that it came under the rule of the case cited, and was void. Judge McAdam, in render- ing his decision on this point, satd:—‘The words re- ferred to do not necessarily make the mortgage void per se ag to judgment creditors, They eo not bring the cage within the grounds of objection sustained in the case cited, becauso they do not create or imply an agreement that the stock should decrease or increase. ‘They do not authorize a sale of the mortgaged goo by the mortgagor so us to contemplate the introduction of new goods in the place of those gold. There is nothing trom which tt m be inferred vhat the parties contemplated the Idea of a fluctuating or constantly changing stock. On the contrary, the character of the mortgaged stock rather rebuts this idea. Tnere is no-hing, therefore, in the mortgage by which judgment creditors could elther be prejudiced or deceived.” For the foregoing reasons he held that the mortgago was valid in law, aud furmshed a com- Plete protection to tho defeudants for all acts dove under it anu in respeet to the tuortgaged property. It. appeared in testimony, howevor, that there were bot- ties taken by defendants in excess of the number specified in the mortgage, and the Court submiited the question of their value to the jury, who found on this ground a verdict in favor of plaintiff for $100, SEVENTH REGIMiLNEIT MANDAMUS, In February, 1876, George Perault was regularly elected a member of company F, Seventh regiment, of this city. Ho continued a private of the company until the 8th of April, 1876, when, at a meeting of the company, he was expelled. The bylaws of the com- pany provided that the commandant when present eball proside at all meetings, pi rve and enforce order and decide all questions, In the absence of the. commandant his difties devolve -upon tho officer next in rauk. It appeared by the papers, aud was conceded onthe argument, that at the meeting in question Captain EK. O. Bird, then commandant, called Lieu- teuant Goodwin to the chatr and spoke in favor of the expuision, and that Licutenant Goodwin put the mo- tion toexpel and declared it carried. ‘The case came up yesierday before Judge Westbrook, in Supreme ; mbers, on an application for a peremptor: to reinstate Mr. Perault. Mr. Henry H. counsel for Perault, claimed that the Captain Bird being his authority; that which involve trust and con- ferred; that a special authority must be strictly pursued; that it was not a purely mechanical duty, but one requiring the exercise of discretion and judgment; that when such authority is prescribed, and when in its exercise it operates to deprive a party of ecriain rights, the courts musi be sedulous in confining it within the boundaries which tho bylaws prescribe, and that the authority musi be pursued with precision, or whateve! done will be in- He thereforo insisted that as the captain was ded, and #ion was illewal, and a Bode ae 4 mand assue to reinstate Mr. Perault, Mr, Jame Morange, meeting was not a lawiul on L. Price, for defendant, argued that the chair might be filled by the next in rank, but the Court concurred with Mr. Morange and ordered a peremptory mandamus rein- SiAling Mr. Perault, A POST OFFICE ROBBER. Suoriff Wirmer, of Sullivan county, delivered to Mar- shals Harris and Newcomo on Thursday night a man bamed Riley Carl, whb was arrested some months ago on a charge of robbing the Post Office at Navesink, in company with a number of other persons. It appeared that on the 234 of October last the Navesink Post Omice was broken into and rifled of a quantity of stamps, Sipe cards, letters, vouchers her valuables, Suspicion rested on a family living at some distance from the scene of the robbery, and their house Deing searched some of the stolen property was found. Allof the inmates, consisting of Thomas Turner, George MaMit, Eugene Mafit, Nancy Brown and Laura Maffit were arrested, Aunie Mailit, achild eleven years of age, the daughter of George Mafllt, gave the informa- tion to the authorities whieh led to the conviction of three of the prisoners, one of whom was her fathor, who was sent to Clinton Prison for ten irs. Thomas ‘Turner was also sent to State Prison for ten years, and Eugene Maffit to the Albany Penitentiary for five years. Last June the young girl, Annie Matt, attempted to commit suicide by taking biue vitriol, but her life was saved. The prisoner Carl was taken before Commissioner Deucl yesterday and waived examination. SUMMARY OF LAW CASES. Philip Schweinberg, who was arrested on a charge of Perjury, he having offered himself as bail for John Volz, the woll known “straw bail’? character, and falsely testifted that he owned certain houses, was al- lowed to go on his own recognizance yesterday by Fear ino) Deuel, to await the action of the Grand ury. The Court of Appeals has decided that the wholesale reduction of saluries vy the Board o! Estimate and Ap- Poriionment was illegal, so that there is evidently a chance for those who have been suifering from U pangs of adopleted excuequer through such diminu- tion in their monthly warrants of being made happy again. This decision was given in the case of John Wetmore, a district court clerk, whose salary was duced trom $3,000 to $2,500. Upon this decision a motion was granied yesterday by Judge Westbrook, in Sgpremo Court, Chambers, on a remittitur from the Clerk of the Court of Appeals, to make the judgment of she latter court the judgment of the Supreme Vourt, GENERAL SESSIONS—PART 1. Before Recorder Hackett. by FIFTEEN YRARS AT HARD LABOR. On the night of tho 2d inst. Mr. Samuel Baron, of Seventh street and First avenue, was walking through St. Mark's piace. Without a word of warning he was seized by two desperate foodpads, who, alter battering his skull with some blunt instrument, dashed him to the ground, where they renewed their brutal attack. With remarkable presence of mind Mr. Baron feigned unconsciousness, and the ruffians, thinking perhaps ‘they nad quieted him forever, proceeded to rifle him, uring 1m the first instance his gold watch. The men sauntered off leisurely, and Mr. Baron, though very weak, followed them at a distance in the hope of meoting an officer. He never lost night of the muscular rowdics who policeman ised an alarm. The men attempted to run, butin for they were both caught :n the attempt and to the station house, where they gave 4 wed aud George Ryan. Mr, Baron’ number of other watches, together with Pi ‘book, Wnich were doubtless the fruits of other highway robberies, were found in possession of tI prisoners. They stoutly denied the charge, but t cross-examination developed tho fact that they were veterans in crime, The jury promptly revurned a ver- dict of guilty, Recorder Hackett in passing sentence adverted to the enormity of the crime with which the prisoners wore charged and sent*them to the State fA each for the term of fifteen years, at hard jabor, BOARDING HOUSE THIEVES, {Two young men called at the house of Mrs, Weill, wo, 22 Irving place, on the 7th of August last, and Lired a room, paying a wi rent in advanee. Thoy lett suddenly, however, taking with tnom @ quantity of jowelry valucd at $521, the prop. erty of Mr, Solomon Weill, the proprieter, and clothing and jewelry amounting’ In valuo to the eum of $175, owned by a tenant named Michael D’Aub, Tho thieves were minutely described, whereupon « yd George Harrison, said to be a notorious a0 Operator, was arrested by Police Oficer 0 of the stolen property wae found his Harrieon’s accomplice, Henry fence to show that the paper on which the verses were TAs av tee eemene ome yuIUe WHO Are Upon Nis track, Upon the calling of the case yesterday by Assistant District Attorney Beil the prisoner, Harrison, pieaded guilty, and was seutenced to the State Prison for tour yeara, GARIB‘LDI ARRAIGNED FOR TRIAL, It will be remembered that wan named Garibaldi and Annic Schmidt wore recently arrested for keeping # notorious den in West Fourth street. ‘The prisoners were arraigned for trial yesterday. On motion of Mr. William F. Howe, the prisoner's counsel, the Recorder granted ap adjournment until Monday nex! ANOTHER SCANDAL. ‘The presence in the court yesterday of Victoria C. | Woodhull and her sister, Tennie ©. Cladin, excited as | usual some curiosity. They appeared in the capacity of complainants against Dr. Joseph Treat. The | “Doctor” was formerly connected with the publication jasued by Mrs, Woodhull. The defendant has been iu- dicted on a charge of selling obscene literature, in having cireulated a pamphlet setring fort Said to reflect on the morality of Mra. W her husband, Colonel Biood, from whom she has re- cently been divorced, The **Doctor’? pleaded not guilty to the indictment, and with @ dramatic flourish announced that bo would conduct his own detence. | TRUNK THIEVES. © Henry Davis, of No. 183 South Fiith avenue, pleaded guilty to the charge of stealing a trank contaming eiothing valued at $120, the property of George W. Cooper, of No. 228 Thompson street. Three years and Six months tn the State Prison. Johu Doyle, of No. 10 Eldridge street, was charged with stealing a trunk containing property valued at $100 and belonging to Watson Chadister, No. 366 Clas- son avenue, Brooklyn, Two years und six months in the State Prison, ATTEMPTED OUTRAGE BY NEGROES. Two negro waiters, named respectively Decker Rush and William Sinciatr, residing in the region known as “Africg’? in Thompson street, were arraigned at the bar charged with an attempt to outrage a white mar- ried woman named Nellie White on the night of the 12th inst It appeared that as the complainant was walking along the street she was followed by the pris- oners and dragged into the hallway at No, 163 Prince strect. While Rush neid the woman the other ruflan attempted to violate her. Happily Det who chanced to be passing, was attrac: and arrested the prisoners. They pleaded guilty, and Recorcer Hackett senteaced them to be iinprisoned in the State Prison each for a term of five years at bard labor, FORGERY, A young man named Joun Anderson, alias Benton, was charged. with forging the signature of KE. P. Clarke, of No, 207 Bowery to an order on the Russell Irwin Manufacturing Company, No, 47 Chambers streot, and obtaining hardware amounting in value to the sum of He pleaded guilty and was sent to the State my months. ATTEMPTING TO SHOOT AN OFFICER. While Potor Burke, of No, 427 Wost Sixteenth street, was being arrested by Officer Fay for intoxication, he | presented a loaded pistol at his head bus did not fire, Nine months in the Penitentiary. GENERAL SESSIONS—PART 2 Before Judge Gildersieeve. THE WAR ON OBSCENE LITERATURE. The trial of Stophen Schall, eighteen years old, for having, on the 20th of June, 1874, printed and sold obscene literature ir the shape of a “Parody on Excel- sior,’”? was resumed yesterday morning. Assistant District Attorney Herring appeared on the part of the Prosecution, and Mr, Price defended the prisoner. Joseph A. Britton, a detective belonging to the Society for the Suppression of Vico, at whose instigation Schall was arraigned, was the first witness produced, He said he first met the prisoner in South Filth avenue on the day in question. Witness asked him whethor what one Scboenhoiz had told him was true, to the eflect that he (Schall),was the person who sold the “Parody on Excelsior.’” Tie prisoner admitted it, and subse- queatly sold him eight or ten. Sehoenholz introduced him to the prisoner, from whom asécond purchase was also made, Withess did not tell him to print the papers, but merely said he wanted some of them. The second time he made the purchase was on the day of hisarrest, when he bought all ho had. Several wit- nesses were produced as experts on the part of the de- printed was not such as came within the meaning of the act. Tho jury, after an absence of two hours, ree turned a verdict of gulity, with a recommendation to mercy, ‘Lhe prisoner was remanded. ROBBING AN EMPLOYER. James Smith, a Swede, pleaded guilty to the charge of stealing from his employer, Louis Mettler, a bar- ness maker, of No. 410 Tenth avenue, and was sent to the State Prison for two years and six months. DECISIONS. MARINE COURT—CHAMBERS. By Judge Sheridan, Fisher vs. Thurber.—Motion granted, verdict set aside and new trial ordered, Costs to abide ovent. Sudiier vs. Mcehan.—Judgment for plaintiff for $404 66, with interest and allowance of five per cent. New York Central and Hudson River Railroad Com- pany vs. Burke.—Demurrer overruled, with leave to defendant to withdraw it and serve another within six days from date of order; $10 costs to plaintift’s attor- ney. tbe People, &e., vs. Bible,—Judgment for plaintift $173 84. Reed vs, Batl.—Motion granted. By Judge Sinnott, Lisner vs, Rosenthal; ‘The Columbia Grain Steaming Co. v. Canary.—Recetver’s bonds approved, Callaghan vs Von Schauing.—Germain Hansehell Appointed receiver. Fredericks ve. Voller; Kirk vs. Bassinger; Welster ys, Dearing; Smith va. Hall; Hoffman vs, Marrin; Fris- bee vs. Stewart; Ahern vs, Taylor; Bisco va Gallup, Crusins vs, Gerrech; Jones ys. Bolliant.—Orders grauted, Bebrends vs. Merker.—Attach ment vacated. £UPERIOR COURT—SPECIAL TERM, Beforo Judge Sanford. Schenck vs. The Mayor, &¢,—Remittitur judgment affirmed. Fairtax vs. The New York Central and Hudson River Railroad Company.—Remittitur judgment re- versed, Sturm vs. The Great Western Insurance Company (No, 1); Same va. Same (No. 2); Yelverton va Brow. neil et al.—Orders discontinuing actions granted, Carroil vs. Fairchild et al.—Ordor dismissing appeal, without costs, BURROGATE’S COURT. Estate of August Berke .—Order that Catherine Rudolph show cause, om the 28th of September, why an attachment should not i¢sue against her for diso- beying amended decree of (6, 1876; and adminis- tratrix is prohibited and enjoined from making any disposition of the funds belonging to estate until fur- ther order of this Court, Estate of Eleanor Lawrence,—Papers and receipts ot Elien Blackwell flea in pursuance of an order dated August 14, 1876, by which said estate and the execu- tors are discharged from all claims and demands of said Ellen Blackwell as legatee under the will of said deceased, Estate of Kate Heath.—The will offered for probate ‘was contested by legatees named in a former will, but upon proof of the destruction of the prior will by the | decedent hersel!, when she was of sound mind, and influence and no fraud practised oat ofte lor probate; also further held that notwithstanding tho contestants had no siatus in court, still the Surrogate was bound to look Into the testimony and to be satis- fied of the testamentary capacity of tho deceased, of freedom from undue influence, and that the wiil offered for probate is genuine before admitting it to probate. — See opinion... Estate of Ulysses Brewster. —Order opening decree en- tered January 24, 1876, upon condition thas the admin- istrator within ten days after service of copy of said file bis account, pay $100 to proctor i claim- decree of dissolution signed. COURT OF APPEALS. Aunasy, Sept, 22, 1876. rel tae Court of Appents, Tucsday, September 22, No, 260, The Produce Bank of New York, appellants, ys. Joseph Morton etal. respondenta Argued by D. J. land for appellant and T. Mosher for re- No. 263, Bruce No. 264. In re Fincke, id, No. 265. Poilock vs. Schultze. Passed. No. 266, The Board of Supervisors vs Walter. Pasecd. Adjourned. COURT OF APPEALS CALENDAR, The day calendar for Monday, September 25, 1976, tg as follows:—Nos, 267, 271, 272, 275, 276, 277, 273, UNITED STATES SUPREME COURT. DECISIONS. Wasi INGTON, Sept, 22, 1874, COLLISION ON THK EAST RIVER—CONFLICTING THSTI- MONY—A DIVISION OF DAMAGES AND COSTA. No, 219, The steam ferryboat America, her tackle, &e., The Union Ferry Company, claimants, va, The Camden and Amboy Railroad Transportation Com- pany—Appeal from the Circuit Court for the-Southern districts of New York.—Sailing rules were ordained to prevent collisions between ships employed in naviga- tion and to proserve liie and property embarked in that perilous pursuit, and not to onable those whose duty It is to adopt, If possible, the necessary precaue trons to avoid such @ disaster, to determine bow little they can do n- that direction without becoming ro- sponsible for its consequences in case it occurs, Ex- cept in special cases the sailing ship is required to keep her course where a steamship \s approaching in gach a direation ac to involve risk of collision: but the rulois widely different if the two ships are under steam and they are meeting end en, or nearly end on, #0 a8 to involve risk of collision, the requirement in that event béing that the helms of both shall be put to port, so that each may pass on the port side of the othor (13 Statutes at Large, 60). Steam- meeting ead on, or -nearly end on, should navly adopt the required precaution, aad neither be excused trom responsibility, in case of otmiasion, merely upon the ground that it ‘was the duty of the other to have adopted the corresponding precaution at the same time, if it appears that the party setting up that excuse enjoyed equal facility to obey the require- ment with the’ other party and it might have pro- vented the disaster, Imperative obligation 1 imposed upon eveb to comply with the rule of bavigation, nor Will the neglect of one excuse the other im acase where each might huve preveuted the disaster, as the Jaw requires both to adopt every necessary precaution, if practicable, to prevent collision, and will not toleraie any altempt of either, in such an emergency, to ap- portion the required precauwon to avoid the impend- ing danger, in case where both or either might secure perfect safety to bolk stops and all intrustea with their control and mavagement. Two steamboais—to Wit, the steamtug Fairficld and the ferryboat America— ‘on the 13th of December, 1866, collided in Bast River, in the harbor of New ‘York, aud ‘it appears by the trauseript that the owners of the former in- Stituted the present suit in the District Court of the United States against the ferryboat to recover damages for injuries susiained by the ‘steamtug on the oceusion, Whereby it is alleged that she was damaged to such an extent that shesoon sunk and became @ total los, Service was made and the owners of the ferryboat ap; eared and filed an answer. ‘festtnovy was taken op both sites, aud tie District Court baving heard the parties, entered a decree dismissing the libel and the appellants sppealed to the Circuit Court. Hearing was again bud in the Circuit Court, and the Circuit Court reversed the docree of the Disirict Court and entered a decretal order in (avor of the libeliants and referred the cause toa master to estimate the damages. Subsequently the master made a report, to which the respondents Uled exceptions, but the Circuit Court overruled the exceptions and entered a fiual decree in favor of the libeliants for the sum of $17, ) With (he costs of both courts, trom which decree the respondents appea.ed to this Court, Suill- clent appoars to sow that the steamtug was proceed- ing down East River, Waving come from the Navy Yard, and that she Was Lound on atrip round tie Battery into theNorth Kiver; that the otuer steamer was a ferryboat, belonging (o the Fulion ferry, and was taking one ot her regular trips from ler slip ab the foot Fulton street, New York, to her slip at the fout of Fuiton’ street, in the city of Brooklyn. ‘Theories widely diferemt’ aud a- reconcilably inconsistent are maintained by the respec- live parties, but 11 may aiford some aid in reacuing the true solution of the controversy to reproduce those theories before adverting to the evideuce by which each of the parties attempts to suow that (he other 1s responsible for the disaster. Both parties agree that the tide wasebb, and the libellants allege that the steamtuy, in procesding on ber intended trip, wos heading down the rwer nearly in the middle of tt suine When the ferryboat lett her slip oa the New York 8i ¢ for the purpose of transporting her passengers to her slip on the Brooklyn side; that as the iwo Vessels advanced toward each other she (the steamtug) blew her whistle to indicate that she intended to go to the Tight, and that she ported her beim at the same time, as evidencing Uhat intention» that the ferryboat paid no attention to the signal given by the steamtug, but continued her course up the river and toward the ves- sel of the libellanis, and that the steamtug, finding that the ferryboat was rapidly approaching’ without changing het cuurse and that @ Collision would prob- ably eusue 1! sho (the steamtug) pursued her course, rung her beil to slow, stop aud back, and the Iivellants aver that the orders were promptly obeyed and that tho headway of their vossel was nearly or quite stopped; and they charge that it was not until their vessel was fn that condition shat the ferrydoat blew two whistles to indicate that it was Ler intention to go to the left; and they also av hat it Was then too late to avoid a col , for Lwo reasons— first, because the veeseis were too Close together, and second, because the power of tho steamtug to move forward was siopped; that the steambug, under the cir. cumstances, could not av anytuing except to coutinue to back her engine, and the aliegation is that the ferry- boat kept on at full speed, striking the steamtug on her-port bow, crushing in ber planks and timbers to such an extent that she sank inafew minutes. On these facts and upon the contfliciing evidence the Court adjudge both parties (o be at fault, and divide the dam- ages and costs equally between them. Below, the de- cree of the Dietrict Court was for the respondents, aud that of the Cirenit for the libeilants, Mr. Justice Clifford delivered the opinion. MUNICIPAL CORPORATIONS—THEIR POWERS AND FUNO- TIONS—CARB OF THR STREETS—RESPONSIBILITY VOR THE ACTS OF THEIR AGENTS, No, 147. William Barnes, plaintiff in error, vs. The District of Columbia—In error to the Supreme Court of the District of Columbia. —This in action to recover damages for a personal injury received by the plaintiff on the 14th of October, 1871, in consequence of the do- fective condition of one of the streets of the city of Washington, The accident occurred on K sireot, cast, and arose from the construction of the Baltimore and Potomac Railroad thiough that street. The road was built by permission of the corporation, and authority was given to the road to change the grade of the streets according toa plan filed. In making this change a deep pit or excavation was made, {ato which the plutu- td fell, The injury to the plaintifl, the defective condition of the street, and the nagligence of those having it are not belore us. These quostions were to tho jury, and the jury have found the issue upon cach of ihem in favor of the plaintiff. The verdict of the jury by which they awarded to the plaintiff! the sum of $3,500 as damages, besides his costs und the judgment ihereon, were set aside by the General Term of the district, aud judgment ordered in favor of the defendant From ‘this judgment the present writ of error was brought. The municipal corporation “the District of Columbia,” was organized under the act of Congress of February ‘21, 1871 (16 Statutes at Large, 419). The urst section of ihe act creates a municipal corporation by tue name of t jolumbia, with power to sue, be sued, contract, have a seal, and “exercise all other powers of & municipal corporation Dot incousistent with the laws or the constitution of the United States and the pro- visions of this ” By section two the power is vested in agavernor to be appoint President, with the consent of the Senat 1 hold his office for four years, Bills passea by the Council and House of Delegates were presented to him for approval or rejection A sccretary of the district is also provided for, whose duties are specified. The legislative power ‘in the district is vested in two bodies, a council and house of delegates, calied a legisiati assembly, which power it wus declared in the eighteeath section should * tend to all rightful subjects of legisiation witbin said district, Consistent with the co: tution of the United States and the provisions of thisact” It ts cted: that the President, with the consent of tho Sena snallappoint a board of health, consisting of five pergons, whoso duties are pointed out. The salaries of the Gor jor and secretary are preseribed, and are to be paid “at the Tronsury of the United States.’ The salaries of the members or the legislative assembly are prescribed, but it is not deciared where or how, or by whom, they shall be paid, unless they are included in the generai terms of section 38. By tho thirty-ninth section it is provided that there shail be a “board of public worka, to consist of the Governor and four other persons to be appointed by the President, with the consent of the Senate, who shall “have entire control of and make all regulations which they sall deem necossary tor keeping in re pair the ets, avenues and alleys and sewers of the city, and allother works which may be intrusted to their charge by the legislative assembly or Congress.” Thoy are also required to disburse the money collected for such purposes, and to make an annual report of their proceedings to the legislative assembly, and to furnish a duplicate of the same to the Governor, The charters of the cities of Washington and Georgetown are declared to be repeal xcept that they are con Unued im force for certain specified purposes, not ne- cessary to be here considered. The statute creating this corporation in jis first section deciares it to be a corporate, not only with power to contract, to sue and be sued, and to have a seal, but also that it is a body corporate for municipal purposes, and that it shail exerer 1 other powers of municipal cor- poration, not imconsistent with the constitution and Jaws of tho United States und the provisions of this ‘act (16 Stat, at large, p. 419). A municipal corporation in the exercise of all its duties, including those most strictly local or interna', 1 but a department of. tho State. The Logislature may give it all the powers such a being 18 capabie of receiving, making it # miniature Stato within iis locality; again, it may strip tt of every power, leaving it a corporation in name only, and it aw often as it exercise directly within the powers usually committed toa J do not regard its acts as sometimes those of an agency of the State, and at othors those of & municipality, but that ite character and ‘nature re- ing at ‘all times the same, it is great or small according os the Legislature shall extend or contract the sphere of its action, In his work on municipal copurations (at section 833), Judge Dillon says:—‘As the highways of a State, in- cluding streets in citics, aro under tho paramount and primary eontro! of the Legislature, and as all municipal powers are derived from the Legisiature, it follows that the authority of municipalities over streeis and the uses to which they may put depends en- tirely upon their charter or | jactmen's applicable to them. It 'y for the Legisiature to confer upon very extensives powers in ubite ways ioe their limits they may be kppropriated. The autuority to open, care for, regulate aud improve streets, taken in connection with the other powers usually granted, give to municipal cor- porations all needed authority to keep the streets irce from obstructions and to prevent ap Ghee uses, and to ordain ordinances to that A corporation can act only by its agents or servants, This obvious truth does not imply that the acts must be done by inferior or subordinate agents, but on the contrary, the higher ni re evident is the ro- ineipal. While a State may bo ited in various bin DO one Will doubt that its act, when declared through the means of its Legis ture or its Governor, within their respective spherce, Ht than when ts, — act through its Mayor, rough tt¢ Common Council or its legisiative depart. ment, by whatever name called; its Superintenuent of Streets, Commissioners of Highways or Board ot Public Works, provided the act is within province committed its — charge. by what meant Mficers are placed in posi @ people ited by the lent or 8 governor. recognized source of all authority, wihor- {ty ts must come at circuitous vrocesa, It i ately: bya id that Consress hud in this NEW YORK HERALD, SATURDAY, SEPTEMBER 23, 1876.—TRIPLE SHEET. cane given all the necessary power, and that the Mayor aud legisiative department, as recently existing, were equally representative agents of the mupicipal body, notwithstanding one was elected by the people and the other appointed by the President, “It is then held that that the Board of Public Works waa a mere agency of the municipality for which the latter was responsible, Reversed. Mr. Justice Hunt delivered the opinion, Dissenting, Justices Swayne, Field and Strong. Nos, 37 und 38 ure disposed of by the opinion in this case. THE POLISH CHAPEL AFFAIR. STATEMENTS OF THE PASTOR OF TRE CHURCH 4ND THE PEOPLE'S COMMITTEE—ANOTHER SIDE OF THE sTORY. is On the evening of the 14th inst. araid was made by the police of the Thirteenth precinct on the ball attached to the Polish church in Heary street, when the pastor and a number of young people, malo and female, who were participating in an entértainment being given in the hall, were arrested and lodged tn jai! for the night ‘The raid was made by the police on complaint of three citizens, Who swore before a police magistrate that the entertainments held weekly under the auspices of the church were disorderly. The following statements from the committee of the members of the church and the pastor himself present the facts con- pected with these entertainments in a light different from that in which the affair of the raia was published b the newspapers the inorning after the occurrence:— THE COMMITTER'S STATEMENT. New York, pt. 19, 1876, All newspapers of New York, with few exceptions, have, im a very bad light, represented the, affair Which took place last Thursday night, 14th inst, at No. 312 Henry wérect, New York, uot knowing auy- thingabout the position of the buildings nor the cause of bie ail there/ore (he undersigned is induced to correct thesame, The caso runs tius:— Two snd a haif years ago Kev, Mieicuszny came to this city und hasbeen appoimted and recognized by fils Eminence Cardinal McCloskey as pastor of the Poles, in tuts city. In December last be bought a prop- erty for $30,000 in Henry street where stood a few old buildings. From these buildings be bus compieted achurch and a schooiroom, separated by a brick wall about two feet taick. The entrance to the church ts at No. 313, and to the schoolroom, or so vamed hall, at No, 312 Henry street, ‘The Polish people are vory poor, and cannot send their children to school, ag ‘they are not able to keep a teacher; therefore the reverend pastor temporarily was induced to use this room for Catholic faire, meetings and ugreeavie entertaiuments in order to raise funds to pay sue debts on suid property. Con- venient entertainments were arranged ence a week, and the Church Committee bad full GUnres. of them, aud the reverend pastor was looking to the order of the audience. Ail thiy undertaking Was not @ secret 40 tho Capiain of the Thirteeuth precinet, aud every lime @ gathering of that kind took place the police were informed and Kindly requested by note to detail a policeman, That very evening of ine raid, at nearly eight o’elock, the policeman came into the residence of the pastor aud stopped awhile there, and then went down and took 18 station at the front entrance(No, 312) in the ball. Order was kept; all at ouce came the Captain wiih his troop, and raided through the frout dyor and in ghe rear of the hall. A few minutes Defure the raid the reverend pastor came and stood along with the committee, which bad full charge of the eotrance along with the policeman. After halt an hour's time the police found nothing forbidaen by law, excopt a knife, which could be dropped by some enemy. The entertainment never lasted longer than trom eight ven o’ciock 1m the even ng. as the neighvers cap @ entertainments on Thursday ovenings y. other parties, with more or less talking 6; bUL on the evening of the raid there was ming. Iu conclusion, when all had been arrested ‘at liberty, the ball'was ransacked in every cor- ner and the dours were nailed fast. In the name of the People’s Committee, T. BIEGANSKI, Chairman. THE PASTOR'S STATEMENT. New York, Sept, 18, 1876. After fourteen years of priestly iabor in my country I came, in March, 1874, to tbis city, and | found Lero many of my country people, so I gave my services to His Eminedce the Curdinal McCloskey, that he might receive me as pastor for the Poles in bis diocese, which ho kindly did, 1 brought with me afew hu lars, made collections among my poor people, and then, with tho fund of about $1,000, on the lst of December last, I bought the ground, with the old buildings thereon, of which I have compicted@ a church and a hall for school, mectings and other Catholic purposes, sepa- rated by a brick wall about two feet thick. Bad umes. and the deception of one whem | thoughta friend, who promised to give me for tf Fon geod the sum of $2,000, and also the fruitless calls I have made upon the Cath- olics te aid mo, have placed me in such & condition ‘that | bad Lo de something and take care for the salety of the eburch and save mysel! my people trom want, In order to prevent this I establisued first a ladies? fair, aud then once a week a respectable enter. tainment to raise tundx to pay the depts on the said ground. Ail procevds were used for that purpose, ‘Those entertainmenis never kept up longer than from eight to eleven o'clock in the evening. Of every ailair of thig kind 1 mlormed the Captain of police by notice, requesting him to detail one officer to preserve order, On the evening of the 14th inst. the policeman came to No. 318 Henry street, where the church ut haif-past seven o’ciock, and shortly alter he took his post, a8 usual, at the door No. 312 Henry street, where the church committee were 1a waiting. Kverything was quiet in the hall -and outside, Il shortly after came to the entrance to seo if everysbing was right, and there was detained in conversation by the members of the committee and the officer ou duty. nen, suddenty, came the Captain with a body of police and pushed mo, with the members of the committee, from the frout door, a space of filty test, into the hail, and there ar- id me, together with all who were present There in the ball, as well as at the front door, nothin jh Ung wi but quiet, aud there was no cause for s am now very sorely persecuted. Lust night the e mies broke many window glasses in the church the hall by stones. This is a real statement of the affair. ADELBERIUS MIEZLCUSZNY, Pastor. AN ALLEGED FOKGERY. A WHOLESALE LIQUOR DEALER IN TROUBLE. In the Tombs Police Court, yosterday afternoon, Charles C, Orcutt, who whs until recently engaged in the wholesale liquo? busin: at No, 18 Vesey street, was arraigned before Justice Morgan on a charge of Aorgery, preferred by Edward B. Wesley, a broker doing business at No. 40 Broad street, In the affidavit of the complainant the following allegations are set forth:—"On April 14, 1876, Mr. Or- cutt tendered to Mr, Wesley a promissory note for the sum of $561 89, mado payable to and sup- posed to have been indorsed by his (Orcutt’s) now de- ceased father-in-law, Mr. A. Clark, and subsequently gave him three other. notes of the following dates :— One dated April 6, 1876, tor $573 86; ono dated April 7, 1876, for $648 77; one dated April 29, 1876, for $648 «672, and on tho afternoon of this lauer date auother for $1,000, all made payabie in four months.” Jt ie now alleged that tho indorsethente of the name of A. Clark on the notes were tn 'y instance forgeries. Mr, Dantel Nostrand, of No. 18 Vesey street, was introduced asa witnes das he stated he was familiar with Mr. Clark's bandweiting swore that the indorsements were forgeries. Ex-District Attorney Garvin appeared for the prosecution and Counsellor Robert H. Kacey for the defendant, Atter ashort argument in relation to the amount of bail Justice Morgan fixed it at $3,000 and adjourned the examination unt!! next week. THE SCARCITY OF CROTON. Naw Yorx, Sept. 21, 1976. To rite Eviror or tus Herat. I notice an article in this day’s Heratp as to the “poarcity of water,” stating that the pressure 1s not suMciont to raise tho water to the third storica, When the houses on this street were built (most of them over five years ago) the water raised freely to the third stories, and the plumbing was arranged accordingly. The water supply has beon gradually docreasing, and for the past three yoars whore I live, between Broad way and Eighth avenue, on Fifty-firat street, wo havo been unable to get water on the third story, and at the present time the water fails to rise even to the second story. Now, if we havo to take out our single boilers and put in double, with a pump anda poisonous tank on the top floor, tear out partitions or lose « room jor said tank, at an expense of several hundred dollars, we should like to make some arrangements before winter sets in. Please inform us, if 10 your power, through your valuable paper woat our chances are jor a bettor supply of water, and why the high the wort ‘not be supplied from tne vice” mains 48 well as certain portions on the e: of the city, We are taxed first on the busking for water; then on every bath and water closet over one in the hoase; then on every family over ono in the ha Should we not have the water when we pay for itt If we must raise water to the upper stories by mechani- cal appliances we might as well do so iu the old- fashioned way ff retis and cisterns, and thus s w “Croton taxes,” besides having Li a BOARD OF POLICE, The full Board of Police met yes‘erday, General Smith presiding. Patrolmen Davis of tho First precinct and Trainor of the Sixteenth were dismissed from the force, The contracts for Otting up polling places for eloe tiom was awarded to ©, A. Parré for $245 per polling place, ‘Tho following transfers of ‘patrolmen were made;— Byrnes of the Thirtieth precinct to the Sixteenth; Black of the Fourth to the First; Osborn of the Twen- fioth to the Eighth; Campbell of the Sixteenth to the ‘fourth; Hubbard of tne Twenty-filth to the Thir- teenth; Tiernan of the Twenty-lirst to the Tenth; Searles cf the Sixteenth to the Sevouth. Patrolman Francis Hughes was promoted Rounds- resolation wi adopted extending the thanks of the Board to Mr. Samuel Carpenter, eral Pane r Agent of the Pennsylvania Ratiroad, for his Kinduess and hospitality toward the members of the force Occasion of their visit to the Centennial ar vadav, CHEAP CABS, THE PF LEM SOLVED—AN INTERESTING EX- PERIMENT IN THER CENTENNIAL CITY-—THB NATIONAL CAB COMPANY—A HANDSOME COUPE AND A LIVERIED DRIVER FOR TWENTY-FIVE CENTS A QUARTER HOUR—AN INGBNIOUS IN- VENTION. Purtavgurma, Sept, 21, 1876, There is at asta probability almost amounting toa Certatnty that the problem of a cheap eab system bas been solved and that a public want which is even more keenly telt in this city of magnificent distanees, par- ticularly during the Exhibition, than in New York, is | about to be supplied, The community in the metropo- lis especially has so often been deluded by the fair promises of sanguine or unscrupulous projectors ot so-called “cheap cab’, only to be grievously disap. pointed in the performance, that every cflort in this direction has naturally come to be regarded with doubt. But a system fs just being tested in this clty which 18 certainly destined to uliimate suc cess, whatever its immediate results may be, and which in the near future promises to supply New York with what her citizens have so long and patiently waited tor— an adequate supply of handsome public carriages, al- ways procurable at the lowest possible rates of fire and without any disagreeable misunderstanding as to terms, AN INGENIOUS GERMAN, Alittle over a year ago there came to this city a German gentleman, just from Vienna—Mr. Louis Von Hoven, He saw tho need, in the larger American cities, of a deliverance from the extortions ot the hack- men, and set himself about the difficult task of plan- ning the means. Being-an intelligent observer in his travels, he knew that even in the Old World tho cab systems wero not what they ought to be, and although we Americans envy London and Paris their bangoms and coupés Mr. Von Hoven aimed at something still better. He knew that the key to tho puzzle was to devise a perfect check upon the driver, This had long been sought but never found, so that even tn Lundon the company owning the carriages are compelled to charge ¢o much a day to the drivers for the use of the turnouts, be- cause of cabby’s disposition to embezzle his fares or to haggle for more than be 18 entitled to. To onable a cab company to lurnish carriages at a low tariff fixed and unvarying and to make a reasonable proiit, the first requisite Mr, Van Hoven know was to make the driver honest, so that tie could never ctarge more than his proper fare and would always be obliged co turn im every cent ol bis earnings, Once prevent “knocking down’? aud the rest would bo easy. Mr. Van Hoven set himseif to work, spurred on by the interesting and vigorous articles in the Henaup of last year, and alter much tme and trouble he h yented a’ control clock, an ingenious but i trivance, which can be’ attached to any cari which acts a’ a far more perfect guard upon the driver than any “bell punch” ever devised. THE NATIONAL CAB COMPANY. Tho use of this invention hae been granted to the National Cab Company, of which Mr. Van Hoven is superintendent, an association of Philadelphia bankers and business men, with a large amount of paid-up eapital A number of four-wheeled one-horse coupes have been consiructed and some of them are now rune ning; and in a fow days many will be, The peculiarity about them, apart {rom the new aitachment, ia their handsome appearance, being constructed exactly like the finest private carriages aud as handsomely up- holstered in silk. By a special ordinance of (he maniel- pal government they fre allowed the unusual privilege of concealing their license numbers when engaged. This, with tidy-looking drivers dressed in neat livery and well-groomed horses, takes away all the ordinary marks of a pubile vebiclc and makes them as Gnely ap- pointed (urmouls as any private coupés in town. CHAP RATHS. The new carriages will be procurablo at all hours of the day or uight at the rate of twenty-five cents a quarter of an hour or $1 an hour for one passenger or two. Connections will be made with the American Dis- trict graph Company, so that they can be summoned anywhere, and they will’ patrol the streets when dis- engaged in avy part of the town where there is de- mand for them, besides having stands at the Exhibi tion and other convonieat points. The patent con- trivance of Mr. Van Hoven is an absolutely certain mdt- cation of the ti passenger uses the carriage, reg istered on a watch dial immediately in front of him, and avoids ali disputes with the driver. THR COUPRE Mr, Van Hovon’s attachment is contained in a very small space, and all that is visible of it from the out- sido isasmall, colored glass disk above the carriage roof when the carriage 18 diseogaged containing the words ‘To hire” and the lieense number, so arranged as to be lighted up at night, As you step into the velil- cle this sign is turned down out of sight by the driver and directly in front of you, in the middie, of the clarence front of the coupé a little upright box i through a circular hole in whieh a watch fnce appears, giving you the correet time and showing the hour and minute at which you enter or leave the car- riage. No* license or number fs visible, and the only reminder that you are not in your own private convey- ance ts the following card, neatly printed :— Deena renerereeenererese serene renenere se sese nese sere rey 2 TES. 4 The charges for the use of this conpy will be as tol 3 For 15 minutes or less.. «. 25 conte 3 For more than 15 minutes and not over 3 a Sop =a .. SOcents than’ 80 minutos aud not over 45 or #1 rf As the charge for the use of this eoupi ts based on the engaxed, the fare iv the same whether occupied by ‘one oF two pussnengers. coupe Is disengaged the driver must di: pty nd $ 3 i 3 75 counts? 3 ; 3 ; 3 NATIONAL CAB COMPANY, No. H24 Filbert stieet, Greece ce resesenerece re Oeste ness ee tele et ee eeseee sete eey, THR CONTROL CLOCK. The eontrol clock is contained within the upright box. None of the mechanism is visible, and th pant sees nothing to atl tion but the watoh face conveniently in frovt of him. The contriy- ance may be deseribed as follows upper part of the box cont elock with two ; one dial is in front, the other behind, or toward the interior of the carriage, The front dial has two different circles and three hands, The ide circle shows the houra and quarters of an hour during which the carriage is engaged, fifteen minutes being the shortest time for which a fare is received. It resem- bles an ordinary cluck face, except that zero takes the place twelve. The outer cirele is divided into twelve principal divisions, each one subdivided into fo showing the dollars and quarter doliars received, aud it fur registering the money paid, Of course it must correspond with the ti the inner circle, This dial requires t! ly one index, ‘k dial—the one on the other side of the box— gistering the number of hirtngs during the day, is on when Mr, Van Hoven takes bis little key and opons tho box, except a little gong with a handie, which the driver can reach. Now to describe the working of this mys- terious control clock, HOW IT WORKS. : In the morping when the drivers are started out the ¢lock is wound and a j)the hands are set at 0, show- ing that no business has beco done, At the same time he displays the small glass sign with the words “To bire’’ attached to a rod which rises from the box, bringing the watch with it, While this roa ts turned up, ing tae sign, the movement ef the control clock is suspended entirely, none of the hands moving from zero, ‘AS soon a8@ passenger gots in tho sign is turned down, By this operation tne watch dial appears fore the eyes ofthe passenger, so that he cannot help seeing the exact time of the day and just bow long ho is in the carriage. At the samo time, by turning down the sign, the movement of the control clock ts started, When the occupant leavos the conveyance the driver is gong once for every quarter of a dollar be re- cuivos in fare, and for each rng the hand on the outer circle of the firat dial is mo: rward one, As the ps out of the carriage the dri uy as to get another c This the sign causes al” on on the bac! to be moved forward, to show ono hiring, and stops the control clock, which them bas recorded , the same thing, the carriage in occapation—the amount received for fare and the oae hiring. For instance, the coupé has been engaged for one hour and nineteen miautes; the passenger pays $1 50, because this nineteen minutes counts a half hour. This eriod of time—one hour and nineteen minutes—will shown by the hour aad mivate hands of the inner ‘inging of the gong once for every the third band, which moves e zero and go forward toroing of the six apnger, again shot fi ntl a second hiring, when nd the same process is re- peated, showing at the end of the day the aggregate time mm heurs and minutes fer which the coupé bas beon hired, the exact amount of money collected and the number of birings. “BEATING THR PUNCH’? The question will be asked, “Cannot the driver knock down by negiecting to register the money or by purposely faiing to turn down the Hits ‘when a Passenger gets in?’ Your correspondei gated ( sibility and is satisfied would fail to show his derelictio the money wi 0 to correspond, This is not explained to the drivers, They are supposed to understand that the only check upon them is the gong, so that their honesty may be but if they fail to ring the instrument betrays them. If a driver attempts to carry « passe with bis sign up be would not proceed far betore be would be discovered, tor the Occupant would see an empty space where tho watch ought to be, andthe words does not bese gach in any way, even the odd mines when a passenger ‘saves with a margin of in his favor being capable of being accounted for by ® Mathematical demonstration. ALWAYS THR BAM, A great advantage of the national eabs is that the price is always the sime at apy hour ef day or night and im all weather. If you come out of @ theatre on @ rainy night and want a ca riage you do not have to leave your wile to be jostled in the crowd while you bargain with » hackman who will cheat you anyhow. You simply hail the carnage with the lide vine illuminated si, and step in, You know that if your home is not more than two miles away you will only have to pay twenty= five cents, and that in no event cam you be over- charged. A £ood feature of the new company is making the | driver interested in the receipts, so that he wilh gee As inany hirings as possible. They will receive a cer- tain amount of pay every day and fifteen cents om every dollar they earn over and above, having the care | riages out as early or as late as they please. They will | also bave their own loekers, where their livery is kept when off duty, aud every mau will be inspected before leaving the stables, If he is unshayen or untidy be is bot permitted to have # carriage. ABUSES IN SOLDIZKsS’ HOMES, GRAVE GHANGES OF FRAUD AND MI‘MANAGE~ MENT IN THE SOLDIZRS’ HOMKS TO BE IN- VESTIGATED—-AN EXPOSURE WHICH MAX OVERTURN HAYES’ MAJORITY IN OHIO. 1f reports trom well authenticated sources can be beheved avery fruitful source of democratic investi- gations fs still open, and one whose results may yet surpriso and startle the public and exercise a docisive effect on the result of the Presidential election, This Js the investigation into the management of the sol- diers’ homes, 14 will be remembered that the Military Committee of the House, General Banning, of Ohio, Chairman, asked leave to sit during the rocess, and a resolution was introduced shortly before the adjournment authorizing it to do go, for tho | purpose of making searching inquiry into | the grave charges of fraud and abuse that bave re- Peatedly been made against the mauagemont of the soldiers’ homes, Origivally 1} Was intended to allow quite a number of committees of the House to sit ® during the recess and to keep up THR WORK OF EXPOSING FRAUDS, in order to influence the election. The republicans, Lowevor, were most sternly opposed to such &# coutse, apd declared that they would rather sit till November With dilatory motions than to allow such a resolution, to bo passed. A consultation among the demoeratio | leaders followed, and as there Was groat anxivty on tho part of many of the demucrats of the House to ad- Journ, in order to go home to secure renominaiions, It Was agreed not to force a conflict on this issue with the republicans, and to yield to them on one cundition, that ‘they consent to an investigation of the soldiers’ hom Tho republicans woaid not consent to this, however, and when Bannlug’s resolution came np it will be remembered tuat she ré publican filibustered energetically for some tim Some of the more wily repubitcans, however, saw that they could not afford to offend the powerful soldier clement in this eanpalga of the “Boys in Blue,’? and after numerous dilatory motions to adjourn and calls of the yeas and nays the resolution was dually adopted, Vho understanding among democrats was that the Mill- tary Committee should be SEPARATED INTO SUN-COMMITTERS, which were to be sent to different portions of the country during this summer and investigate ‘different bomes. Now, as 1 am informed on competent authorit, Au interesting «bit of campaign gossip 18 connected «with th approaching investigations of the soliiers’ homes. Ihe pro- gramme of the democrats ix first to tke Up the homes in thodoubtiul States where the ¢ sure of tho maltreatment of inmates of soldi homes would create # sudden revulsion of feeling among the soldier and Union element against the re- publican Lickot, the governors of these homes being Inostly prominently ideatived with the rtling purty, It ts tntenged to \ake up, as the first institution to be overhauled, the Dayton (Ohio) Home. If itis true, as is alleged by democrats, that there has been gro fraud in the management of that institucion gnd thal the inmates have been cheated and abused, Hen it ia easy to see thab,an exposure of such rnscalities Just belore the Ohio eleotiou may overturn in the last mo- meut the calculations of the most carefui politictans, and, at the same time, HAY#S’ SMALL MAJORITY. Such, at least, is the hope and speculation of promi- nent democrats, This much is ceriain:—If such wrongs have been tolerated iu the homes of the disabled herous of the uation, bomes which should be sacred im the eyes of the greedy political peculator, Banning’s com- 4mittee will deserve (ne thanks of the country by ex- posing them, whether in so doing it turn the seale in favor of Governor Tilden or not. This, by the way, is the same committee which investigated and report upon the stupen frauds perpetrated by Belknap and his coadjutors in the soldiers’ headstoues. Whea the homes of the dead are not sacred irom the corrup- tion of the mercenary olficials why should the homes of the living bet THE SUMMER OYSTER TRADE, DIMINUTION OF CONSUMPTION IN sUMME— THE BIVALVE AS AN ARTICLE OF FOoD— ALLEGED ERRONEOUS NOTIONS AS TO ITS NUTRITIVE QUALITIES IN WARM WEATHER. The season has just opened when the oyster business experiences a considerable falling of in its volume, aud when the bivalve, ina great measure, is no longer considered a first class delicacy. The laws of the State inhibit the taking of the mollusk during the months.o ‘May, June, July and August, but there is no prohibi- tion in the way of its sale during any season of the year. Very few have a correct conception of tho dimensions of this trade in thia city. In wholesale transactions it amounts to $15,000,000 annually, a sum. greater than the entire European trade, Several hua. dred vessols, ranging from four to fifty tous burden, are engaged in bringing oysters to this market, which give remunerative employment to many thousand men, who take great pride in thelr | calling, and who are generally, as might be expected, very competent judges of the quality of tho article. The chief New York marts are foot of Broome street East River, and foot of West Tenth street, North River but the bulk of the business is transacted at the former spot. Oysters brought trom Maryland, Dela- ware and Virginia are for the most part dealt in at the latter place. Desirous of learning as nearly as possible the pre cise extent to which sales and consumption fall off during the months in which the letter r docs not ecour, a H#RaLp reporter made inquiries among the Jarge dealers on this potnt. The diminution was stated at about one-half, though this result could not it was alleged, be attributed entirely to the notion that oysters in summer are in any way dangerous to health, In fact, wnder favorablo circumstances the oyster was as delicious and nutritive in June as in ganuary; in somo instances ever better. Warm weather, lo tides nd tall of rain were most conducive to their growth and fat- ness, but still it had to be admitted that when spat Is thrown out (tho ‘breeding season) the oyster loses ita flavor, assumes a milky appearance, becomes un, atable and eveu displeasing to the eye. Tho Legisia- ture, in prohibiting the taking of oysters during tho period mentioned, of course had in view the general interests of the community, to whom the oyster hag become an important article of food, aud to the aMuent a luxury of no small moment, The fall and winter are the seasons when the trade t# at its full height; but, according to the reports, busi- ness 1s very regular during the entire year, Hotels take at all times large quantities, and ons engaged in the sale are regularly supplied, but only in Jots suil- cient to meet the demand trom day to day, Itis ite take, itis said, to suppose that those partial to the oys- ter refrain {rom its use in the summer. In winter the New York market is kept supplied by the neighboring waters. The oyster taken hero is re- garded as the best in tho world, particularly those in the vicinity of Staten Isiqnd. "Their quality, however, varies, and they are classified under five heads, accord: ing to size and price. But it would appear in faver they ave all about oqual, Shrewsbury, Blue Point, Little Neck, Rockaway, Oyster Bay, Prince's Bay and other places yield a superior bivalve, and many rele are exported to England tor bee | Purposes. But it 18 reported that the change of climat proves unfayor- able to their development in Europe, There is a large traitic carried on with Virginii the importation of o; rs, A regular line of verses ply between this port and Chesapeake the business, At present the crafts bring 0; planting purposes so as to be ready for the jall and winter demand, and they also carry « proportion for im- mediate cousuinptton, The Southern oyster is (or tho most part ured cooked; the East Rivers and New York Bays are eaten raw. ‘The former are nourished in fresh water, bat the home article 1s flavored by salt water, which gives the mollusk a delicious flavor. There i more profit in the sale of Southern oysters than in New York or New Jersey oysters, but in the summer the Chesapeake Bay article supplies the dedciency caused by the restraint incident to the breeding eeason, Tho taking of oysters, however, goes on continaously in the East Kiver, but as the demand in summer falls off fifty per cent the business is not, for this as well ag other obvious reagons, progecuted with any vigor. A large wholesale dealer states that millions of bash- els are disposed of winter and fall Not alone is this city supplied, bat Long Island amd New Jersey obvarn oysters here. The Boston market also in part depends upon New York. He was of opinion that it would be just as well if the eatire trade was suspended doring the summer, for then tho oyster would have feat time, undisturbed, to ma- ture, and a briet and ely cessal in the use of tuo food would serve to sharpen the [eyed te and create a vastly increased demand for the bivalve when it was in its best condition, amd thereby bo of benetiv to both dealer and consumer. As to the hoaltht- nossa of oysters in summer he considered by Ten as safe now as at any other time, and the falling of in trade was due, he thought, in a great measure tothe: ry of abundant quantities of frait and which in warm er supplant other more cles inthe market, Nevertheless, fact remain that in the breeding season Gish ef ali kinds isnot @ healthy feod