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

THE COURTS. Rufus Hateh’s Effort to See the Books of the Lake Shore Company. A NICE POINT OF STATE LAW. Verdict Against the Government in the Claflin Suits. AN OLD ARMORY SUIT. The {mportant litigation institutea in the Interest fend on bebalf of the stockholders of the Lake Shore Bod Michigan Southern Railroad, which bas already een reforrea to in the HERALD, up for argument in Supreme Court, Chambers, yesterday, before Judge Lawrence, The proceedings are in the nature of an application for a mandamus to compel William H. Vanderbilt and other officers of the Lake Shore and Michigan Southern Railroad Company to furnish to Mosers. Rufus Hatch and others, stockholders of the tompany, a full list of its stockholders, or facilities tor making such list by an inspection of the company’s books. Both sides were numerously represented by counsel, those appearing on bebalf of the plaintiffs being Messrs, Henry 8. Bennett, Aaron J. Vanderpoel and Robert Sewell; those for defendants, Messrs. Wiliam M. Evarts and Charles H. Tweed. The Bitimate object of the proceedings, as already Hated in the HgrALy, is to obtain facilities pu the part of the stockholders of the road to com- mence a suit in their interest and against the present lirectors, whereby, it is alleged, the finances of the tompany shall be enhanced, the present unprofitable rates for freight and fares increased und the company enabled to pay a dividend to its stockholders, The motion was opened on behalf of plaintiffs by Mr, Henry S. Bennett, who stated tothe Court the sub- | Mtance of the affidavitson which the motion for a | mandamus was founded. These set forth that Messrs. Hatch & Gage, of plaintiffs, bad applied to Mr, Wilham | H. Vanderbilt and to the President of the Farmers’ | Loan and Trust Company, the. transfer agents, tor a Het of the stockholders of the Lake Shore and Michigan | Boutnern Company; tbat plaintifs represented | $6,000,000 of the stock of the company; that the list was reiused by Mr, Ralston, the transier agent, unless | permission wos given by Mr. Witham H. Vanderbilt, the Vice President of the company. Then, Mr, Ben- t continued, Messrs, Hatch, Peabody, Russell aud several other stockiolders, owning in the vout $6,000,000 of the stock, Joined rf to Mr. Vanuerbilt asking him to give equisite authority. Mr. Vanderbilt replied, ying the reqaest on the grouna that he thought | »t the stockbolders would ovject to having tueir bumwes published, To this letter these same gentlemen ropited, stating that they did not design to publish the sues, bat wanted the list solely to enabie them to er With the stockholders respecting some co-oper- movenoat to prevent the ruinous competition 10 htund passenger rates that was so disastrously allecting the value of the stock and depreciating tue property.’ ‘To this last letter Vander- bilt rephec, peremptorily declining to al ‘em apy btuer jacilities tor communicating Wit. ine siock- | \oiders than tbe law should force him to sive. ‘These gentiemen claim that they then bad no other allterna- live than to abandon the road to ie fate ur to mako luis application, The affidavit first contains facts which it 18 clarmea will show that this road is within | the meaning of the statute a foreign corporation, and that the statute requiring transier books to be exhibited to stockholders of a foreign corpora. tion appiies in this case, 1t isaverred that this road 1s &@ consolidation of s:x diflerent railroads of about 1,500 miles in length, reaching from Butlalo to Chicago through the States of Ohio, Indiana and Illinois; that the entre road, except sixty-eight miles, lies without the territory and jurisdiction of this State; that each of these roads derived its character trom other States than that of New York, except the sixty-eight miles, Which was formerly kuown as the Bullalo and Ene road, which surrendered its corporate existence, lost {ts identity and becaine merged {n the consolidation, The aflidavit \urther states that the annual election of directors takes place in a foreign Statc—to wit, Cleveland, Obto; that it is the piace of a osit ior its instruments of title aud its fund: hat its annual report emanates therefrom, and that all of {ts active heads of departments have their Dilicos aud reside there; that it in fact has all the Eharacteristics that distinguish foreign trom domestic forporations, except that an enabling act was passed | by the Legislature of this State recounizing the con- Bolidation, bat that act «iso contained a provision ren- dering the consolidated road subject to every penalty and liability which would have existed ageinst either of the roads bad they never been consolidated, But Bhould the Court determine that those stockholders ‘Bre entitled to no relief under this statute, the affidavit contains otfer tacts which, as alleged, constitute a new and distinct ground for the reliet asked for, The allidavit tes that the present Board of Directors, under the rogency ot Mr. Vanderbilt, have adopted and are pursuing a policy which is seriously dimimsh- ing the revenues of the road and sacrificing its inter- ests. And it js with a view to protect those interests that the interposition of this Court 1s asked, to com- pel the exaibition of the books to them, that they may be able to unite with their fellow stock- boiders in preventing further slaughter of their common property and im securing a fetthtul and economical administration, Tue petitioners aver thut Mr. Vanderbilt, who 1s the Viee President and control- bn, © New York Central road, oveupies she wane commanding position in the Lake Shere road, Where he does and can exert the same power and in- fluen the Management of tts ailairs, That theagh as such Vice Presivent trustee he owes an equal to both rouds, ‘mot and does not dis- his trast to botu with equal fidelity for the Teason that iis inturest is not wWenticat with buat actually adverse to Lhose of the Lake Shore road. That Lis pecuniary wterest in whe Lake Shore road is incon- siderable 1m comparison with his overwhelming in- terest in the New York Central road. That by his in- fuvace aad management he bas made the Lal rowd a mere tage or vutlet to the New York Ce tra, whereby the latter is deriving material profit and the Lake Shore 1s suffering material loss Thatincon- e shore bas ceased earning and pay- is W York Central, notwith- ‘jug the great competition, continues earning and exular dividends, avit further states that Mr. Vanderbilt is ad seeks ta defeat this application, because | the stockholders, upon ascertaining the atnraily and imevitably lead them to ering with and arresting a course which, largely 1x ne Mr. Vaugerbilt’s income, cor- dingly dimin.shes their own, THE ANSWER. Mr. Charles H. Tweed then read the affidavits sab- | ou behalf of defen s. They were made by | esrs. William H, Vanderbilt, the Vice President of | tue road, Mr. Wooster, the Secretary, and several of | its olticers. Each corroborated the other, and, taken altogether, tue substance was as follows:—They | deny to @ great extent the allegations contained in | plant idavits, and assert in opposition to those | allegations that (his 18 @ corporation within (he mean- ing of the statute relating (o domestic corporations in this State; that under the staiute the company is compelled to show its books ouly during tuirty days | preceding the annual election of directors, and that wn occur wutil Muy, 1877; that | re made in either freiglits or tares on | t such as were necersury to com ; that the distrivution ‘of trey made auder ruies adopted more than five years that no disers ion has been made against 1 hore and in fevor of New York Central; that the rea- | gon the former does not pu: vidends und the latter does is incident to cifeumstances surrounding the respective lines themeclve meut of either; that all that bas been done by the ai rectors in relation to Lake suore bas been done in the | interest «1 the stockholders, aud that uo measures now proposed to be tuken by plaintiffs can help those in- | terests; that, in short, the directors aro doing the very | Dest that can be Jone for the mterest of the road and tis stockholcers, and that at the last election tne Present mana, dovsed by a vote of nearly four-fifths of the stockholders, Mr, Sewall followed im an argament to sustain the | spplication. He enlarged upon the facts set forth | In the aiidavitg of the plaintiffs and contended thatthe | sinim of the Jatter was based upon rules of dluer than any of the statutes, aud sprivging from principles which te deep down im the law of the land. Mr. William M, Evarts argued ogainst the oppli- gauion with bis characteristic foreo and clearues Decision reserved, THE CLA Two suits were inst the month of October, 1875, against H. BL Cla Da, dry goods mercants and importers of this Jor the recovery of $1,500,000, ou a charge that they hat bought and ‘concealed goods, kuowing them to ave been illegally imported ito the United States, One suit was for $940,000 and the other for $560,000 being for double the value of the goods so imported and concealed as alleged. Tho dual suit was brought uncer the provisions of section 2 of the act of March 3, 1828) and for fines provided tor in section dof thowctof July 18, 1866, and section 3,082 of the Revised Statutes, Mr, PLIN SUITS. ed by the United States ‘in n Elha Root appesred as attorney for the de- fendants in both — euits, yd onthe | Sd day of January, 1876, interposed demurrere to , the declaration of the plain Iu March last & very elaborate and exboustive argument upon the points raised by tuese cemurrers was verore Fudge Biaicaford in the Varted states District Court by Messrs, Wiliam M. Evarts and Root tor the defendants, and United States Attorney Hiss tor the government. Deiendant’s couuse! contended that all the couutsin the @eclaration for double values allowed ur of the actof March 3, 1925, were @ die aud s because that section was repenied by section 4 of the | act of July 15, i566) a8 to wil subsequent transactions, ‘and that all the counts in the ceciaration for fines im- posod by the act of 1601 ty, | | Mackay, brought euit in the United States Circuit | the escape of the | aiready granted int scotion 4, and Revieed statutes, | Rodgers ve the East River Savings institu; jaw | defendant has notified the Court that be desires to be section 3,082, were bad, because under them fincs can- not be recovered by the government in a civil action. Judge Biatebford subsequently wrotea very lengthy and elavorate opinion sustaining in full the demurrers and sgainst the government. An appeal was then taken by the United States District Attorney to the United States Circuit Court, which appeal came up for hearing, on the 20th of November jast before Judge Jobnston. All the points raised by the demarrers and the grounds taken by Mr. Bliss for the government were in very fully and ably argued by counsel, and yesterday Judge Jobnston delivered his opinion fully sustaining th decision of Judge Blatchford in the District Court | This disposes finally of these suits, unless the govern- ment should take an appeal to the Supreme Court of the United States, A NICE QUESTION OF STATE LAW. Aun Jane Mackay, administratrix of Louisa Jane Court against the Centrat Railroad Company of New Jersey to recover damages for the death of the intestate, alleged to have been caused by the negligence of the defendants. On the 234 of April, 1874, Louisa Jane Mackay was @ passenger on one of the ferryboats belonging to the defendants plying between New York and Jersey City, and on arrivaias the latier place she fell be- twten the end of the boat and the pier and was drowned. The plaintiff was granted letters of admin- istration in the estate of the deceased by the Surro- gate of the county of New York, and the suit was brought under an act of the New Jersey Legisia- ture. When the case was called and before the jury was empanelled defendants moved to dismiss the eompiaint on the ground that the plaintiff, as administratrix in the State of | New York and appointed solely as such under 118 laws, | had no power or authority by Virtue of the statutes of | New Jersey to sue tor and recover damages tor the | death of this intestate, a question which it was con- | ceded by the piaintif! ts clearly presented on the plead- | ings, © motion was made and argued belore Judge | Nathaniel Shipman, afd who, at tho time beving | takea the papers in the case, yesterday rendered 13 decision, which is as follows:—lIt is manifest that the | right of an administrator to recover is unknown to | the common law, and exists only dy statuie, It bas veon beld that such @ statute hus no extra terri- | torial force, and that no recovery can bo | had thereon for an injury which was committed | beyond the limus of the State by whose legislation the | Statute was enacted= The question which arises is | whether a New York administrator can by virtue ot bis | appointment by the Surrogate 0) the county of New | York receive the damages which a personal represen- | tative 18 authorized to sue for und obtain ior the benefit | of tue widow and next of kin by the statute of the ate ot New Jersey, snd not by the law of the State of New York, An administrator takes upon himself such obligation only as the laws of the State of New York, which appomited him, create, and the /statute | of another State cannot imparts to him | powers which tho «statutes of his own | State do not confer, He is the creation of the local | jaw, and until additional antbority ts derived by virtue | of an additional appointment he bas ouly the power | which the local law conters. The right which the | plaintiff is supposed to have received by the statute of | New Jersey 1a nota right to apy property which is j the assets of the deceased or of her ostate, but 1s a right to sue as trustee of the fund which may be ob- | tained for the next of kin, a position in which sho is | not placed by the laws under which she was wppointed. in order to execute such a trust the trusteeship must have been conlerred, and the only ys which the plaintif’ has acquired to the trusteeship is by virtue of ber appointment as administratrix under the laws of New York, Its laws do not confer upon the representatives of deceased persons any power to obtatn damages for injuries re- sulting in death which the deceased received in an other State. This question has been considered by the Supreme Courts ot Massachusetts and Vhio. In a cuse in the former court similar to the present one the de- cision says the only construction which the statute can roc.ive is, that it coniers certain new and pecultar powers upon the personal representativo in Now York. ‘A succession in the right of actiun, not existing by the common law, caanot bo prescribed by the laws of ono ato to the tribunal of another. The motion was granted and the complaint dismissed. ANOTHER ARMORY CASE. On the 2d of Maroh, 1874, the Board of Supervisors authorized the Ninety-sixth regiment to rent premises for an armory at a rent not to exceed $250 per year tor | cach company comprised inthe regiment. In accord- dance with this the regiment, consisting of nine com- panies, immediately loased from Charles Sulzer three floors of the premises Nos, 16, 18 and 20 Second ave- nue, at a monthly rent of $187 50. They continued to use the premises until September 5 of that year. Mr, Sulzer a few weeks jater assigned his claim for tho rent, Which had not been paid, to Andrew Staut, and the latter, failing to cullect the bill from Comptroller Green, commenced proceedings a short time since to compel the city to pay the sum—$1,125—with interest thereon. CorporationCounsel Whitney entered a di murrer, and Jud; ir yesterday rendored a decision sustaining “St, in which he says:—"Tt | has long been settled, both by decisions and upon principle, that, Boards of Supervisors have no general authority to charge a county with pecuni- ury liability. They acquire their powers by statute, aud are specific and limited in Ubeir character and cannot be transcendant. The renting of the premises in question 18 not the act of the Board of Supervisors, but that of the Ninety-sixth regiment, who undertook to perform a duty interposed by the statute only upon the Boara of Supervisors. This power cannot be dele- gated to another. See late case of Bolden va. Tho Mayor, in the Supreme Court, and Ford vs. The Mayor, in the Court of Appeals, not yet reported. Demurrer sustained.” SUMMARY OF LAW CASES. i ‘Tho time for the filing of tho answer in the sult of | the French heirs-at-law of the late Stephen Jumel against Nelson Chase and the heirs of the late Mme. Jamel has been extended for thirty days on the appli- cation of the defendants. In the matter of William H. Kelly, which came up before Judge Davis, in the Court of Oyer and Terminer yesterday, in tne form of an application to release him | ‘on bail, the question was argued whether a married | woman having a separate estate can becomo bail in a criminal suit for the release of her husband. The Supreme Court has granted an orderto show cauge why the New York Loan and Indemnity Com. pany should not be dissolved. Ex-Juage Leonard has been appointed relerce to take testimony. 1wo judgments, amounting in the aggregate te somo $5,200, were recovered yesterday against the city, belore Judge Donohue. The first judgment, tor $8,041 75, was obtained by Simon Sterne, on account of services as counsel for Mayor Havemeyer, Tho second judgment, tor $160, was obtained in the suit of Bates vs. ihe City, to recover for ventilators furnishod to the new Court House, Judge Donohue yesterday entered an order cancelling all undertakings in the suit of Eugenie Martinez againat Juan dei Valle, the judgment paving been paid. Judge Van Brunt, in the Court of Common Pivas, granted a decree of divorce in the suit of Charlotte A, Williamson against Dr, Hugn Williamson. ‘The com- piaint charged auuitery. In the Sopreme Court, Special Term, im the suit of Boody againse Samuel J. Tilden, already reported in the HrkaLp, there wasa motion mado veiore Juage Sy on Wednesday, to set aside the extension of seventy days granted to the defendant to ans Mr. Tilden’s counsel op- di r the complaint. posed the motion on the ground that on account 61 the political cares he was ubable to give proper attention to the examination of long accounts necessary to frame his an-wer. Judge Speir yesterdayrendered a ision limiting Mr. Tridep's time to answer. He 3:—Allhough there appears to have been grounds for the nuinber of extensions atrea granted in the ase to answer, | see no reason why the last order | should not be fimited to Biteen days {rom its date and | no turtber time allowed. Some time ago Charies Devin became surety on five criminal indictments against William M. Tweed. After ler the recoguizances were de- clared jorteited. Mr. Devlin, now tuat the Boss bas returned to Ludiow Street Jati, wishes to rel! a portion of bis real estate, and yesterday petitioned the Su- preme Court to release tim trom the forteiture He does not ask to be {reed at once trom the embarrass. ment of lis position, but simply applies for whatever reliet the Court can give him, DECISIONS. SUPREME COURT—CiAMBERS, By Judge Lawrence. Alutton vs. Stivers —An attachment having been is- sned in this case, the jhdgment cannot be entered un- Ul the plaintifl :urmishes the undertaking prescribed by the thirty-fourth rule of the court, People, &e., v& Mason, &c.—The counsel for the heard in opposition to this application, and 1 there fore shall make no order until he has been heard. Wiiarns and others vs, McCombe; Emigrant Indus- trial Savings Bank vs, Ward, Orders granted. SUPREME CoURT, cIncviT—ParT 1, By Jadge Donohue. Henretty vs. McGuire; fhe Ocean National Bank vs Walbridge. —Settied, SUPREME COURT, CrucUIT—PaRT 3, By Judge Donotue. The People of the State of New York vs. William M. Tweed and Charles Dev!in.—Appheation mast be made at Chambers, COMMON PLEAS—SPECIAL TERM. By Judge Van Brant, Ann McKenney vs, James MeK granted plain iney.—Divorce By Judge Robinson, i) In the matter of Scheran Kechier.—Motion for re- moval of assignee dened, wiih $10 costs, but without prejudice. Sce memorandum, SUPERIOR COURT—SPECIAL TERM. By Juage Speir. | Titus et al. vs. Bort. —Iue report of the reterce must | becontirmed, This Court has nov the power to make the order submitted by defendant's counsel. Madeiine Go} thomas P. Coppingor. Judgment for divorce gts Boody vs. Tilden @ have been grounds | h there appear to number ol | reason | why the last orger should o days and Go further tite wiic Staut vs, The Mayor. —D) Tapaum, nurrer sustained. Memo- nsions | g Same, as administratrix, vs. Seme.—The Court of Ap- pais has decided that ihe Surrogate performed a ju- dicial duty im granting letters of administration, and that the letters so granted protected debtors paying the administratrix even though they were, in fact granted on false evidence of the eupeees’ death of the testator. The addition point now made on this gecond trial that Surrogate did not, in /act, pass upon the evidence fur- | nished by the applicant, of the (acts which i! true entitied her to administration, Although paroie eyi- dence was given to establish the fact that the Surro- gate’s clerk, whose duties were to grant letters of ad- mipistration, filled up the biank tn the petition left in his charge by the Surrogate, signed oy him, swore the applicant, attached the seal of the Court and filed tt away without a review by the Surrogate, it does not dif_ler from the views arrived at bya majority of the Court of Appeals, In the case of Clark (1 Tucker’s R., 119) these duties are called ministerial; but now it must be admitted they are held to bo judicial The complains must be dismissed in each case, with costs, Van Buren vs, Coit—Exeeptions to reterce’s re- port—The motion is denied unless the plaintiff con- sents to deduct tho item of interest of $64 30. If that item be deducted the report must stand, without costs. Graham vs. Lyddy.—The respective attorneys of the parties are requested to appear in Chambers on Satur- day, at eleven A. M. GENERAL SESSIONS—PART 1, Before Recorder Hackett. ACQUITTED AND REMANDED. In the Cours of General Sessions yesterday, Re- corder Hackett presiding, the following cases were — disposed of :— mi John W. Henderson, who was charged with an at- tempt, made on the 2ist of November, to enter a room in the Fifth Avenue Hotel, with felonious intent, was tried and acquitted on technical grounds (misnomer), The prisoner was remanaed for re-indictment at the approaching tert of the Recorder’ Court. STEALING THE AROMATIC WEED, James Burns, Stephen Smith and Charles Williams, all of No, 52 Thompson street, were arraigned on a charge of burglary in the third degree, The i dictment set forth that on the 19th of November they burglariously entered the cigar store and station- ery stand of Andrew Thayer, at the corner of Suuth Filth avenue and Third street, stealing therefrom ct ana playing cards to the value of $25. Burns nd Smith pleaded guilty and were gent to the State Prison for two years, and Williams, having entered his plea of not guilty, will be brought up tor trial at the approaching court term. A PETTY FORGERY. John Hughes, who alleged that hé is all the way from St. Louis, pleaded guilty to a charge of forgery in the third degree and was sent to the state Peniten- tuary for a term of two years, It appears by the evidence that on the 218i o! November Hughes forged an order of Matthew Thompson, whereby he obtained | halt a dozen brass locks from H. Soffe, of No. 143 | reene street. A boy Was geut with tne forged order nd he took the property to the prisoner. The forgery being subsequently discovered he was arrested. A SNEAK THIEF AND TWO WATCHES. William H. White, who lately resided at No. 80 Crosby street, was arraigned for haying, on the 13th of { November, stolen a gold watch and chain and a silver watch, valaed in all at $250, the property of J. H. Hardenburgh, The thief entered the apartments of Hardenburgh, at No, 13 East Twelfth street, and took the property theretrom, He was subsequently tracked and arrested by Officer Slavin. Tho traverser pleaded guilty and was sent to the Penitentiary for three years, STOLE A PIE AND WENT TO) PRISON. John Madden, who gave his residence as No. 106 Greenwich street, and William Regan, of No. 80 Green- wich streot, pleaded guilty to a charge ot having, on November 25, broken into a restaurant at No. 43 West street and stolen pies to the value of twenty-five cents, They were arrested in flagrant, indicted, and receivea at the hands of Recorder Hackett free bed, with board included, for the period of eighteen months. The Court then adjourned over till the commence. mert of the approaching term, which commences on Monday next. A BROOKLYN DIVORCE CASE. Counsellor Schaffer made a motion in the Kings County Supreme Court yesterday morning for counsel fees and alimony for Mra, Clara Latner, defendant jn an action for absolute divorce brought against her by ber husband, Adolph Latner. Latner a dealer in millinery goods and does business in Canal street, New York, but bas resided for some timo past with his wife in Bergen stroet, South Brooklyn. The plaintiff charges that his wife committed various im- | proprieties with other men at the Stevens House, this city, and at the Mansion House, Fort Hamilton, during August and September, 1875, Coun- sel for the plaintiff opposed the motion for alimony, and offered to show by affidavits that the applicant was of intemperate habits. Justice Gilbert took tho papers and reserved his decision. REAL ESTATE, The following sales were effected at the Real Estate Exchange yesterday :— Richard V. Harnett sola, by order of the Supreme Court, in foreclosure, Clark Brooks reforee, the build- ings with lease of three lots, each 25x1033 on East Fifteenth street, north side, 144 fect east of First ave- nue; leased May 1, 1873, term twenty years, to Honry W. Weil tor $8,000. Richard V. Harnett algo sold, by order of the Supreme Court, 1m foreclosure, William H. Leonard referee, a house with lot 2310x1033 on East Twelfth strect, north side, 134.2 fect east of avenue C, to Frederich Mannken for $12,300. Scott & Myers sold, by order of the Supreme Court, in foreciosure, Jobn M. Mackay referee, a house, Jot 20x90, on Lexington avenue, northwest corner of Filty-first street, to John 3. Craig, for $15,000. ‘A. J. Bleecker & Son sold, by order o1 the Supreme Court, in foreciosure, John J, Thomasson referee, one lot 25x100, on 134th sireet, north side, 250 feet cass of Willis avenue, Morissania, to plaintiff, for $4,500. RANSFER! ft. @. of 2d av., 25x93.9; C. Aberle . $15,000 | Joseph Bern- hard (exceutor) to G. D, Meinen 16,500 Fordham ay., w. 8, 600 f. of 4th st... eT ward); M, M. Buchtler (executor) to M. A. Bachtier 10,030 Sst st. n. &. 179. ¢. of Sth av., 15x100.5; L. A. Benjamin and wite to A. H. Clark 113th st., n. 850 ft. e. of oth ay, J. Gessner and wife to J. E, Randolph. . Tth st. n. 0, 295,51. w. av. A, 84x 103,2 M. Schwarte 114th st., n. s.. 500 to ©. AL Sehu 10th av. S6th st. & 5. and husband to K. Engert Forsyth st., €. 8. (lot No, 13) ste me Hutchins to J. Henderson .. Sth st. n. 8, 250 ft, w. of 10th av., SURBY, 157th st., 900 Tt. w. of 10th ay, 150x200; sume é fos. of Jatin ’s 2d av. We 8, 748g Mina Hoppe aud husvand to M. Stole Orchard st., ¢, 5,200 ft. sof Grand aeod Innlin and wife to K. Herdifelder * 60,009 8. 200 tt @. of 10th av,, 50x106,1 J. Plunket... 2,000 20,000 8,800 | . 17,000 | * 93,47 10,000 14,000 Nom. 15,000 S. Wigutman ty Beh sts. 8, HIG Th 7 AN Stes 8. Bo ler and hush eto Te BT ft. ©. of wile tod, Lon eric 10h av., wes 48,5 te Lord (referee) to M. i Nos, 865 and Canal st, yrant, Tn s Bunk, w. sof 9th av... of 47th ha 8,000 M. M. Bacht! . (add ward); 3 12,000 J. Daizell, e. 1,300 en Sth FORTS . 10,000 Amalie and husband, vo J. Ne 40ch At, west of 500 Donsb: Francis and ©: w. of Tih av. | 1,000 Esc, Mary Be GOth sta, W. OF AT AV. c 9,500 6,000 CD ree oe 209 ‘Jobs and wife, to KR Kelly, n Lexington av. ; 1 year 10,000 fos, Wiilam and wife, to A. sav. and LATtb st 6,000 Margéretha and husband, of 24th sty instal 1,000, 4,200 3,750 Feiiows, Sar 11th st., W. Of Bd ay, 5 1,000 Luys Cornelins W d, Long. &. 8. Ot doth Sty a 7th wi 3 yours. 5,000 . Peter B. w wife, to & Linder: of heb wy, 8 Of 20th $b. 7 Fs 1 Albert and wife, Same to a your. NEW YORK HERALD, SATURDAY, DECEMBER 2, 1876.——WITH SUPPLEMENT. LIFE INSURANCE. Singular Phase in the Affairs of the Continental Company. G FOR A STATEMEN’ WAITI How the Business is Being Transferred to the New Jersey Mutual. ACCUSATIONS OF SHARP PRACTICE. The Continental Life Insurance Company of this city was declared insolvent upon the 25th day of Octo- | ber last, and Mr. John J. Anderson was appointed its | receiver. This appointment was confirmed by Judge | Gilbert upon November 4, and the company is pre- | | sumably dissolved. Meanwhilo, those interested have i been anxiously awaiting the rece:ver’s statement of | | the condition of affairs of the concern as he found | them, The failure of a great insurance company iike | the Continental 1s deplorable at all times, not alone on | account of the direct losses occasioned thereby, but | also of the dangerous distrust it creates in the mind of | the péople concerning the whole business of insur- | ance. Uceurring, as this dissolution has, while the bust- | | ness affairs of the country are in so precarious a con- | ditiom, the effects are ali the more disastrous. The | | public pulse can stand but little tampering with at present, and tho loss of confidence in any one quarter 1s likely to be intensified to greater and unlooked for | evils. Itiseasy, therefore, to understand the impatience | | of the Continental policy holders and the necessity of an early explanation of its affurs, The receiver's Teusobs for delay are given elsewhere in this article; but while they explain his situation in the premises they are far from satistactory in their prospective character, They indicate au indefinite delay in estab. hshing the true condition of the company, a piece of information that 1s very much desired. Mr. Anderson, | too, hus himse!f to consider in this business, for there | 19 @ considerable element among the Continental creditors who do not regard his receivership with | entire favor, This opposition has its development in the motion for another appointment, which is now under consideration, and upon which R. V, De Witt bas beep empowered to receive testimony, For some time past a rumor has been prevalent in fe insurance circles tothe effect that a collusion ; existed between the defunct institution and the New Jersey Mutual Life Insurance Company by which the latter was to assume the risks of the former. It is as- sorted that the suit by which the Continental was de- ciared insolvent was brought at the instigation of its own managers, with the prearranged understanding that tts business should be transterred to the New Jer- sey Mutual in such a manner as to proilt the stock, holders of both concerns. Whether truco or talsc—and it is desirable that the fact should be revealed—the very existence of such arumor is productive of evil and iorms another urgent reason for the immediate disclosure of the Continental’s condition, The theory of the “swallowing up” process has its foundation on many plausible grounds. In the first piace it is nowhere de- nied thattne New Jersey Mutual is seeking and 1s obtaining the business of the Continental in various localities and im large amounts, that former agents of the Continental have become the agents of the New Jersey Mutual in numerous instances, and that prop- ositions from other companies have in every caso been refused by these agents. It ts alleged that Mr. | Frost, the ex-President of the Continental, was once connected with the New Jerscy Mutual. It Is known tbat Mr. Anderson was so connected and that the receiver and the ex-President aro strong personal friends Itis furthor asserted that tbis transfer of riskgas ube motive for the delayod statement from the receiver of the Continental Numerous applications have been made ut that office for paid-up policies ac- cording to the terms of the company’s contract, but these bave been refused, because, as the receiver says, he has no power to sign such paid-up policies. AN EXPLANATION NEORSSARY, Of course the competitive absorption of the Conti- | nental’s business by other companies is to be expected and is eminently proper. It is perhaps allowable to suppose that, as the officers of the New Jersey Mutual | declare, their organization is offering superior induce- ments to Continental agents. But if, as many appre, hend, there ia a bargain and sale between the two companies, it can only ‘be for reasons of mutual profit aud dotrimenta! to the interest wf policy holders and the entire life insurance business. It is aot necessary that a detailed understanding should huve been had and proven; but a tacit submission to the proceedings by | the companies involved 1s quite as e:gnificant and inju- | rious im its Consequences. An action of this sort, or the lightest suspicion of such an action, is cankerous to the wellare of lile insurance. If | true, it should be exposed at once, and ii false, it should be as quickly disproved, so that no unnoeessary loss of confidence can be occasioned. As will appear from the interview: d statements contained in this article there is strong contradittory evidence on both sides, ‘ho whole matter hinges upon the disposition ol the legal reserve which attaches to the Continental policies, This reserve will amount to several millions of dollars on ail the Continental risks together, and it ig alleged that by the supposed understanding this amount will be saved to the company. Un the other hand, the officers of the New Jersey Mutnal say they will claim whatever reserve there is due upon the Con- tinental policies assigned to them, though their opin- jons are not tirmly expressed as to what the reserve allowed will amount to. There is doubt in some minds as to the logality tn ail instances of these assignments of oid Continental policies to the New Jersey Mutual, and many disbelieve that they are intended to be so, As before stated, the New Jersey Mutual is pussing its interests in the procurement of the Continenta business in all parts of the country. The writer,made some investigation of the OVERATIONS IN NEWARK, where the New Jersey Mutual bave their headquarters, He discovered that every etfort to obtain these trans- fors was being made and with considerable success, The agent formerly of the Continental, Mr. Lewis A. Oshorn, has now become Lhe representative of the New Jersey Mutual, and with the aid of others is ad- vising and influencing the Continental policy hoiders to tran: their old policies for new ones in the New Jersey Mutual The foliofing letters have recently been received by a policy holder of the Continental 1m Newark. They will serve to illustrate the persistency with which the New Jersey Mutual is pushing its so- heitation :— Deak Sik—Plonse call on me (ns below) a1 bie, bringing with you your policy in this compan: very truly, FAW Rooms 14 axp 15 Connixastar Horr Newang, Nov. 13, 1 The next letter is headed “Last Notice,” though the writer subsequently altered the decision :— Drax Str—In order to avail yourself of the offer made re- garding your policy No, —in this company it willbe hecessary to apply to the undersigned, ax below, on Satur- day before one o'clock, or on Nonday, from nine to five, at No, 191 Market street (Mr. Peckham’s), Yours, trul FLA. WH Coytinestat, Hotet, Newank, Nov. 17, 1576. Dean Stn—Owing to the storm I shull remain here until Tuesday evening, before which time it will be necessary for you to call with your policy, Yours, €e., F. A. WHITING, No. 191 Market street, room 6, Newark, Nov. 20, 1876. Deak Sik—I find it necessary to remein xt No, 611 Broad street a short time, Please eal} with your policy if you now . Gesire to xcept the transter offered. rs truly, Nov. 23. 1576, F. A. WYITING. ‘The above letters, excePting the last, are on the regular letter beads of the Continental Lite, and are signed by an agent of the New Jersoy Mutual, The last one is written upon the back of a errcular from Lewis A. Osborn, the contents of which we append, and which is Loaded, “Bring your policy with you.” Urrice oF New Junsky State AGENCY, } No. Gil Broan steer, Newatix, NJ. Nov, 20, 1876, § irenlar [ now Dear Sin—In accordance w es have been taken take plewsure in xnnouneing tint mea: for protecting your Interests in connection with the Con nenta! Life lasurance Company of New York. Wathe going inv partionlars at this timo, Lwitl add chat gentl men, (uily, authorized to et in the premises, wiil be at my ofice on Wednesday, Tharsday and Friday of ‘this week, for the purpose uvove thentioned., Please, Von one of tows ur po! ou, Lam, yours truly, bidhiaia ic ‘f LEWIs A. OSBURN, Such notices as the above Lave been sent to a great number of the Continental policy holders in Newark, from lists furnished by some one, The office im Mar- ket street reterred to was (ormerly the agency of the Continental, but i8 now the agency ot the Now Jersey Mutual The proposition received by those who per- sunally answered this cail is that on the surrender of their Continental policies the New Jersey Mutual will issue tts policy or the same ansount and at the same rate of premium, and are encouraged to believe that they will never get anything froin the Continen Following {8 the form of assignment made by those who surrender their policies to the New Jersoy Mu- tual as furnished by the secretary of thar company :— For cived, I hereby trausfer, assign ani set over tne'within polley, No, —.to the New Jersey Mutual Lite Insurance Company, and’ gil rights and claims ander the namo now existing of whieh may herealter accrue, | whose policies tnev hold, they are leit in a porplexing | tinental contracts, which we quote: — Mutual Life Insurance Com horeby agree to issue in | Jew thervol, « pouey f ount upow the lifs of said said palicy to be according to the ruler and pro pol gh met ey i actiey holuers of the New Jersey te 01 4 © COMPANY, ERY W. BALDWIN. STATEMENT OF MR. W. W. EYINGTON. This geptiemun is well kuown as un insurance statis- tictun abu is at present in charge of un agency depart- ment in Newark. He has already made some publica- vious regarding the affairs of the Coutinental Company im the lucal press. The writer approached him upou the subject and elicited the following state- Ment of bis knowledge of the case:—"“it is evident tat there is a reason for holding buck the statement of the Continental [usurance Company’s preseut con- dition with which policy holders stould become ac- quainted. Mr. John J. Anderson, the receiver, is said fo have been connected with the New Jersey Mutual Life, of Newark, It 1s quite weli kuown that this com- pavy bas been trying hard to get te business of the Continental, and it seems bas succeeded in a way | hardly to ‘the credit of either company. If the policy hoiders of tbe Continental could have now policies issued to them by another compuny, and have ali ther rights protected, 11 would, 01 course, be de- sirable, But the quesiton comes up, Ifthe New Jersey company can carry these risks why cannot the Con- tui itseli do itY The Continental 1s about three the larger company of theiwo, It bad risks in at the beginuing Of the year amounting to 179,234, while tue New Jersey company bad only 29,193, Abd Lhe reported assets of Lue former were Gures as large as those of the latter company. If the Continenta: has wot eutherent risks Will the other company b Cougnental i$ imeu.vept with them will pot the New Jersey Mutual Lite Company be insolvent with them ? The assets of the Continental are nos suilicient for their habilities, the | i, With, uo change of cuuiracs New Jersey Mutuai are ¢ assume the risks. The! no pret even, Wut What asses the insolvent company bas are to be turned over, There is no authority with the receiver 10 do so, for be hus nol even enough authority to issue a paid up policy called for by comirack It seers impossible, | Uereiore, tuat a coinpany with $19,000,000 of risk, | aud only $1,909,582 1 Mesets, can take I $50,000,000 of risks [rou a company Which cannot itseif carry them Lecuuse it hus uot enough in assets for the re- serve required by law. i “There is bul one answer tottus.” The New Jersey Company do issue their policies, In place of Conti- nental policies, for the ammount and at the samo Tate, and ihe party po policy aud goes away Lo Wouder how it Wis doue—low iusolveaey Was So easily changed iuto suivenc lug Twit tell him, The policies in tue Cout.nental were full ive poltcies, Trey are being cxchunged lor twenty years term policies ia the New Jersey Mutual. [have one of the policies here thas has eeu issued iu exchange. ihe orginal was Issued vy the Continental eight and a balf years ago tor $1,000 at the age of tiray-iive, at full lite rate | of $13 70 semi-annual or §: rycar. J have how | a legal reserve of 307 by thy New York standard. It | Was exchanged iast Saturday ‘or a policy im the New | Jersey of $1,000 on the twenty years term plan attoe same seini-aunual rate, and op which the legal reserve at the end of the first year will be but $5 24. The regu- jar twenty yours term rate at the present age 9! the purty, on the sume busis as the iuli life rate, would be $1110 semi-annual or $2220 for the year, You can easily see that the arraugement is very handsome tor Vow companies. Alinost the entire reserve is saved to the Continental and tnore than a sutlicient rate ob- tained by the New Jersey. It realiy amuunts to acan- celiing of the contract with the insolvent company and giving more than a good contract to the otuer one, nis is the Way it appears to me,” said Mr. Bying- ton, “that the affairs 0; the Continental are to be wound up, and this is the reason why the receiver does not tell us of its present condition. That it will save the stock of the Continental, so that its owners will receive it back m full, is certain, It is hardly | worth while to igure up how much moro it will give | them, If the policy holders, all or nearly all, accept | this it will simply tcave all, or nearly all, the aasets of | the Contiuevtal with no habuities” TUE QUESTION FOR POLICY HOLDERS, The above statement represents much of the senti- ment that is felt among the distrusttul portion of the | volicy holders of the Continental ithe question tor them to decide is one of their own interest, and much too dificult of solution tor most of tuem. While noth- ing is known of sue true sianding of the Continental, situation. Many of them have mude claims tor paid up policies, according 1o a clause contained in the Con- And the said company do further covenant and agree | that if, utter having recvived three or tore annual premi- the said assured snall fail to make payment of any tur mium when due, then, and in such case, apon a sur- hin thirty days atter such unpaid said company wiii, in exchanze therefor, issue a patd up policy for the tuil cmount of even doliars of premiums received by tha company on this policy, These claims, as beiore stated, arc unavailing, be- | cause the receiver hus uo right to issue the paid up policies. There is arumor in Newark of suits to vo brought by some of those who have made assignments to the New Jersey Mutual, and who desire to re- gain their Continental policics, ou the ground thatthey were taken from them under faiso prevences. This is | merely a rumor, however, and no such actions have as yet deen commenced.’ The New Jersey Mutual discrimimates careiully xs to what ‘risks it takes, according to the statement folowing made by its officers, ava, if tnis ve ti hey must obtain very good rates on their twenty years’ term pulicies, in addition to the value of the legal reserve which they claim for the Continental policies surrendered to them. With a view to getung information “vt te wethoa~ and motive of the trausactions of the New Jersey Mutual the‘writer called at their agency office in New- ark. INTERVIEW WITH AGENTS. Mr. F. A. Whiting, whese signature is attached to the preceding leters, was found at No, 611 Broad street, Newark. 1t was formerly, and to all outward appearances still remains, the oifice of the Continental Lue Insurance Company ot New York. The name ot ; Lewis A. Osborn 18 prominently posted as mauager. When Mr, Whiting was asked by the‘writer if he kuew of aby prearranged transter of the business, he plied “IL am not aware of anything of the «ind. [ can tell you simply what 1 came here for, My business is in New York. 1 am in charge of three of the city agencies of the Middie Depariment ot the New Jersey Mutual Life, I came tere simpiy to offer to the pol icy holders of the Continental in Newark policies of the New Jersey Muiasl, of the sume general charac- ter, 1or the same amount of insurance, and the same amount of premiam they had been paying in the Con- | tinental.”” “What is done with the old policies surrendered to yor {neither Know nor desire to know.” nm what manner is the New. Jersey Mutual profited by this exchange?” “Their protit in the first place is derived from what- ever benelit accrues from the old policies; and again, from the large bulk of business they receive. Hardly any risks that we take have been running more than two years. Then, tov, tue vusiness comes to us free of brokerage, tho expenses of medical examiuation and all that By this means, you see, we obtain con- tro! of a large amount of risks without tho usual ex- penses that attach to irs: insurances.” nd this effected without avy collusion with the Continental ?"? H “Nothing of the sort exists, to my knowledge. As 1 said, Lam here simply to offer the Continental policy holvers an option, which they can accept or decline, as they please. in no way do we force them to ex: chunge with us.” . ‘is it nota jittle singular that no s Sort bus yet cote trom the Continental “Edo vot thuk so. [was told by a friend of mine thatthe receiver would bave to walt until a year bad passed beiore Le could close up accounts and make a statement. "? 8 your company making these same transters else- where than in Newark 7?” “[ believe 60; but my present business is contined entirely to this place, 1 don't know whethor I suail go elsewhere or not. Toe business is wholly legit mate. If policy holders come here for advice we tell thei just how the inatier stands. ‘They can accept or | devine our option, us they please. If there 18 any ring in the business 1 am not aware of 1%. [tis not my business io know it, and I don’t know it, [Tam not acquainted Wito Mr, Anderson, the Continental | receiver, aud dou't think | ever saw on." Were you ever conuected with the Continental Company ?? “Yes, but that was many years . Since I have been steadily im the employ of the New Jersey Mutual Lie.” “You have changed your office in Newark times, aud are now in thict of the Continental 1 came into this oflice merely because the New Jer- sey Mutual Life made an oifer to Mr, Osborn to act as their ageot. He had simolor oilers irom three or tour other companies. I dou’t think ve now considers him- self the agent of the Continental,’ SOME SIGNIFICANT KEMARKS, ‘This terminated the interview with Mr, Whiting, and the writer rematced ior the purpose of making a [ow inquiries from Mr, Osborn, While thus wating a geutieman cutercd who appeared to the writer's mind ty be familiar with the iusurance business, He was warmly greeted by tho agents as am old and famil- jar acquaintance. Turning to Mr, Osborn’s desk, upon which Were many policies of the Continental ex- changed tor the New Jersey Company, the visitor ex- claimeut:—"Well, tists tie developinent of a loug and deep laid plot!’ Both ageats provested against this; but turning to Mr. Whiting the geutieman con- unui You prophesied this yourseit six months ayo, Nothing further was sajd upon the subject, and Mr, Osborn iken weicomed tne wrier, who inquired :— “Mr. Osborn, may 1 ask Wiat’ company you now represent?” “Tam tue agent of the New Jersey Mutual Life’? Do you also represent the Continental ?"’ No, sir." Is this the office of the Continental.” “Ldon’t kuow whether to Gali it the office of the Continental or not, Waatever of their business comes up lam obiied to attend to, Thave a contract with the New Jorsey Mutual Lite, which appoints me their State agent. i was formerly the State agont ot she Continenial,”” “Was an agreement made between the two compa. nies for the transier of this business?’ “No such arrangements were made here. 1 make the transior upon my own responsivility entirely, I had built up a good business in Newark, and I look out tor the iuteresis of my policy nolders, L receive a commission oa my collections and on what business I take to tue New Jorsey Mutual Life.’? “Are the traunsiers trom the Continental large?” “can't say how may porcies, nor what propor- tion of the business 18 transferred. Such as the New Jersey Lite will accept, are, in a very large proportion, ly transferred by the policy bolders.”? What risks do you refuse to transie “We reuse all endowments and jimited payment life policies. There ate many that we can't aflord to take and run toe risk of getting any of the reserve on them trom the Continental,’”” ‘Tue writer then cailed upon Mr, Charles H. Bripker- ment of avy everal When the old policy is assigned, receipis are given, of one of which the following 1s a copy 14, 1876. of a poliey ee Com- In consideration of #1 of insurance issued by pany, apon the life of ——, ont numbered —, th hon, the actuary and secretary of the New Jersey Mutual Life, who received him in the company’s head oftice in ‘ket street, Newark, When questione: as to the rumors of Agreed pian operations between the Continental and the New| Jersey Mutual Life, ee “1° bave heard these rumors; but I um sure there exisis no agreement or relationship between this company andthe Continental The position we 0c cupy is simply this:—Here are the policy nolders of ‘the Continental, and we make an arrangement with, them that if they desire to continue their insurance with us we will take them on the same basis that the Continental aid. We have appointed Mr. Lewis Osborn our general agent for the city of Newark. We place ourselves, as it were, in the position of attorneys for the Continental poticy bolders,’” “Do you expect to receive any reserve from the Continental on the policies assigned to you?” ‘We expect Lo receive whatever tnere is to pay om those policies.’” “Are these transfers of oid policies to your company upquestionadly legal?’ assignments are made out in Sringerno® replied:— “1 believe so, The proper form aud attached to the policies.” ‘ls the consent of the Coutimental Company unneces- sary to the contract?” “I will not be certain upon that point. Of course ie Ppp teasesns sd heey pe allowance the Court makes lor the disposition of the reserve fund. It they pay anybody they tiny us,’? As this was a point of very great importa: ine Voiving as it does the whole question of eke beahene transters to the two companies concerned, the writer again askea:— “Do you expect, from what you know of the circum- stances, that the New Jersey Mutual Lite will collect the reserve on these old policies of the Continental?” “s doa’ Lexpect anything, 1 can’t answor that ques- tion. ‘ THE LEGAL RESERVE. Desiring to elicit further information in regard to the ail-iinportant point of the legality of tho assign- mepts and claims by the New Jersey Mutual for the legal reserve on Continental policies, the writer th culled upon Mr. J. H. stedweil, President of the New Jersey Mutual Life Insurance Company, whom he found in the company’s office in this city, While stating his business Mr. Stedwell smiled incredalously, ud in answer to the questions propounded said that toere was po truth whatever in the rumors of a col- jusivn between his company and the Continental He ueciared positively that no cilicers belonging to either company bad any interest in the other, beyond which might be prompted by friendship He asserted that the New Jersey Mutual was taking these risks purely for ite own interests, abd that they would certataly claim trot the Conti- mental any legal reserve due on policies assigned to tbem by the hvlders, rhe rumors of a prearranged trauster of business, Mr Stedweil said, emanated from Jeaious rivals who had endeavored to swallow the Con- tnentul themselves, and failed. He said that the bust- hess they were accepting was of a good character and desirable to control. I'he writer also called upon Mr. Henry W. Baldwin, who is the agent of the Middio Department of the New Jersey Mutuai Life Insurance Compaagy, office No. 31 Broad street, in this city, He made virtually the samo statement as Prosident Stedwell had done, and said the whole matier lay in the fact that the New Jersey Life had been the Urst to see that tney could protitably undertake to procure the basi- ness of the deiunct Continental They had acted promptly ant successiully, and quite independent of tne Continental He said that these transfers were being made, 20% only im Newark, butin all places where they couid get hold ot a Continental ageut. He was satistied that the rumors of an affilia- Uon of interests between the Continental and the New Jersey Mutual were founded merely apon the jealousy of rivals iu the business. XKCEIVER ANDERSON, Mr. John J. Anderson, the Recetver of the Contt- nental Insurance Company, was busily occupied in the oilice of the company at the corner of Cedar and Nas- sau streets, The writer stated his business and spoke of the rumors of an affiliation of the Continental and New Jersey Life. “These rumcrs reach me every bour,” repliod Mr, Anderson, “1 ain repeatedly asked in regard to their foundation, 1 will teil you there can be nothing be tween this company and apy other, The receiver can do nothing whatever; bis duties are strictly detined by the Court. When toe company got into court all the agents came on to this city ina be ly to ascertain their course, 1 could do nothing for them. 1 had no dis- cretionary power and all salaries ceased, | afterward Jearned that these agents were making arrangements with the New Jersey Mutual, [asked one of them if such was the case ana he replied that the New Jersey Life bad made lim an offer, but the matter was not yet closed, He wanted to know what he bad better do avout it, and I adviged him to do the bost he could and work for the company that would pay him most." ‘There is consideruble complaint, Mr. Anderson, be- causo of the delay in your statement.” “Yes; and it is very unreasonable I have been here now ‘our woeks, and in all toat time[ havo ro- ceived statements o1 their accounts from but three agents, They keep holding them back, thougn I write to taem every few days, Insurance agents are not very dependable. They will work for any compacy Uhat pays thei the most money, Now, to give you an idea of amount of labor to ve performed in making up this statement, let me tell you that there are more than 20,000 policies, upon each of which the reserve has to be calculatea,”” “Could you notestimate tho whole amount of the reserve pretty nearly and furnish an approximated Statement of the condition of affairs?!” ihave no authority to do any such thing, and would bo rendered tiable for contempt of court, ac cording to tho terms of my appointment," lave you participated in any arraugoments for the assignwwent of Conus. » Feil ‘ “Thave, neither directly nor indirectly, done ‘any- thing to facilitate other compamies tp obtaining the Continental business, On the contrary, some agents have been here to ask for lists of the Continental ine surances in various places, and 1 have refused them.'* “Why have you deciined to issue paid-up policies, according to the terms of contract with your poicy holders ?”” “There is no one here to sign paid-up policies, When requests are made for them I file the application along with the policy, and that must answer every purpose." ‘Not one single Were you once connected Mutual Life Insurance Company ? 8, but only for a short time, ”” The writer then brought up the question of the legal- ity of the assignment of Conunental policies to the New Jersey Mutual Life, Upon tuis point Mr. Ander- son aisclaimed any knowledge whatever, but said:— “If they cannot assign those policies without the con. sent of the Continental they will certainly never have my consent.” This does not look very promising for an early state- ment of the afairs of the Continental. Tho mystery which enshrouds its coadition the anpleasunt ru- mors above expounded, abet one another and are de- pressing to the hopes of policy holders, As one gen- Ueman, who is deeply interested in the matter, ex- pressed (t;—“‘It is bad cnough for the unfortunate policy holders to have the Continental wound up in their own interests. It 1s not right that it should be done in the interests of the stockholders of one company and the business of another. WILL TWEED BE FREE AGAIN?. A REMARKABLE STATEMENT BY DAVID DUDLEY FIELD—TWEED THINES HE OAN BEAT THE PROSECUTION. Ever since Tweed’s retarn to the city the curiosity of the public as to Tweed’s plans and prospects has been taxed to the utmost, First we bad the story abou Woodward's alleged intention to turn State’s evidence; bat this soon denied and effectually disposed of. More recently rumors of Tweed’s intention to compro mise his case and of his having dismissed his former counsel have been struggling to the serface, How. ever, itis scarcely probablo that sufficient time can have wed for Twoed to have Gnally bit upon a defi- nite plan, and perbaps these rumors also represent the shifting changes in Tweed’s piaos as far as they have become known to his (riends, It will probably be some ume before anything positive can be known, TWERD'S CHAT WITH THR SHERIFF, Sheriff Conner, who had balt ap hour's chat with Tweed on Thanksgiving Day, made an interesting statement yesterday, He said that Tweed spoke mostly about his old time associates 1 this city who had bees scattered im every direction, Among other things Tweed remarked that a friend of his told him that there were more of these old time associates assembled at the recent funeral of Charles L, Miller than had been gathered together for along time, The most signili- cant portion of the conversation turned upon the legal phases of Tweed’s case, and Tweea confossed a firm be- ef that he would yet beat the prosecution in the $0,000,000 civil suit before the Court of Appeals. When asked what reasons Tweed gave for holding his = opinion, the Sheriff replied that Tweed's confession of this belief was too cursory for a formal cnameration of his reasons, Sheriff Conner said that his main object was to ascertain from Tweed whether be properly cared forand it he had any complaints to make. ‘weed made no complaint, how- ever, and seemod to be weil satisfied with his treat- ment, Another reason, Mr, Conner said, why he bad cailed upon Tweed was that bis negiect to visit bim during Lis former sojourn in the jail bad been inter. preted by some ot Tweed’s friends as evincing an animus against Tweed, which impression he (the Sherif) wished to remove, DAVID DUDLEY FIRLD'S VIEWS ON THE PROS! Mr. David Dudley Field, who successtully argued Tweed's appealin the criminal case before the Court of Appeals, and a! the #:x million suit in the Su- preme Court jast winter, was visited by the writer yosterday, and asked whether he was willing to in opinion as to the probable result of the appear ta the civil suit Mr. Fi@ld replied believed the judgment aguinst Twoed Mould be reversed oither by General Term or by the Court of Appe: When asked for the grounds of his opinion he answered that there were several—one was thatthe State of New York had no interest in the ciaim and no right to sue Tweed at all: another was that i! they had a right to sue the jury in the present ense was improperly selected and impan- elied; still another was that the plaintiffs had been ale lowed to recover, not only the miilion which they claimed to have traced into Tweed’s hands, but also five millions more which they did not pretend he ever touched; that they had compromised with Garvey and Ingersoll and Keyser »nd Watson, and, notwith: Standing, were permitted to recover’ against Tweed for the moneys which weat to tnose persons. Instead of making the others pay over their share the prosecution chose te compel Tweed to restore whatthey got and whica he never got atall. Moreovor, the plasmtits were pers mitted to recover some millions upon warrants, the indorsements of which were forged, aud there was not [CONTINUED ON NINTH PAGR] ¢