The New York Herald Newspaper, March 17, 1877, Page 8

‘THE COURTS. Rights of Stockholders to Inspect the Books of a Corporation. WEALTHY OCTOGENARIAN, WOES OF A Application of the Meum and Tuum Principle to Theatrical Managers. neem etan SERVICE EXTRAORDINARY OF A COMPLAINT pe De ‘The fight began so vigorously some time since In the courts on the application of Russell Sage, Rufus Hatch ‘and others to compel the Lake Shore and Michigan Southern Railroad Company to give the names of its directors, and the Farmers’ Loan and Trust Company, in which is kept the transfer books, to exhibit tho samo, is still kept up in unabated zeal in the courts, As will be remembered, a mandamus was apphed for 4p the Supreme Court compelling the giving the infor- mation sought, such mandamus being really directed against Wilham H. Vanderbilt, who, in turn, resists the granting of tho mandamus. On the argument of the case at. Special Term the application was denied, An appeal was promptly taken to the Goneral Term, where the case was argued yesterday at great length, Messrs, Heory 8. Bonnett, A. J. Vanderpoel and Kov- ert Sewall appoaring on behalf of the appellants, and Messrs. Evarts, Southmayd & Choate being counsel for the respondents. Mr. Bennett devoted his portion of the argument specially to the right of a member of a corporation to inspection of the books of that corporation, Ho contended that at common Jaw a member of a corpora- tion hud such right in the ubsence of any statute for- Didding ita exercise, The right of a person to an in- spoction of the books of a corporation in which he isa be said, was similar to and rested upon eral principle as the right of a partnerto inspection of the books of a partnership of which be wasa member. Tho latter right was too well set- fled and too generally recognized to admit of dispute, for it was no more nor less than the rignt of an owner to inquire into and control the management of his own property. The fact that he was not the exclusive owner of the property, and that therefore he enjoyed that right in common with others, did not impair his jnuividual right or prevent him from exercising it, Nor could the fact that be, with others, constituted acorporation, destroy ght, for a stockholder in corporation possessed all his individual rights, ex- pe such as be was deprived of by the char- ier or tbe bylaws, passed in contormity thereto, A.corporation must necessarily act through directors or trusices, but Whatever rights and powers those di- recturs or trustees had wore derived svlely trom the shareholuers or owners, Who delegated to them their powers, But such powers so delegated were not lost to the shareholders, nor were they conierred abso- lutely and unreservedly on the witectors; but they constituted a trust which the trustees or directors were bound to {aithfully discharge for the benerit of the sburehuldere, to wit—the reul owners of the prop- erty. The election, thereloro. of directors vy share- hoiuers operated to vest tor certain period in the directors certain powers over tho corporato property. But the delegution of theee powers was conditioned pon the iaithiul discharge ol tho trust created. In tase the powers so conierred were illegitimately exe tised or the trust betrayed, the purpose for which it was ereated would be aeleated, and tho right to exel cise the powers so delegated would cease. When, therciore, a director undertook ut the election of a shareholder the duties of his office there was an im- plied obligation to periorm those duties witn fidelity, and the shareholder surronderea to him his powers upon tho faith of that obligation aod impliedly re- served to himself the right to withdraw those powers in case that obligation was violated. A princtpal always hud the right to imspect the books und to inquire into tho transactions of the agent whom he authorized to conduc his business. This right was bis only protection aj ¢ Iraud and the abuse of thi trust and authority conlerred. ‘To deprive tim of this right might render him for the time being remediless against the frauds of an unscrupulous agent. And, In roportion to the degree of coniidence and authority stowed did the necessity jor the exercise of this right exist. To say tbat because a sharcholder has Cluthed a trustee with tull power for a certain period to mauage lis interests, therefore the acts of that trusteo should for that period be beyond the reach ot inquiry aud of accountability, was virtually to make tho sbarenolder remediless against the imposition und fraud director. Now, if this doctrine be suun: th arobolder who honestly and in good far Believed und showed ground for tehoving that bis ents, trustees or directors were abusing their trust id mismanaging bis property had the right to inquire into their proceedings, and it became the duty o1 the directors to answer bis inquiries, This right and duty necessarily resulted from tno relation of con- fluence established betweon them and from tho Bature and obligations of the implied con- tract under which the shareholder hud sur- rendered bis rights into tho hands of a director, The mere tact that a director conscien- tlously believed that he was performing taithtully his duty to the shareholder was no reason why be should decline to avswer the reasonable inquiries of the share: holder or withhold from bim the necessary iuformi tion. It was enough to know that the shareholder had reason to believe, and did believe, and bad eet tortn ‘the grounds for believing, that bis Interests were being sacrificed, This gave him the right to make the in- qairy, and imposed on the director the duty of answer- tng the inquiry. If the snarcholder was compelled to wait until bo had convincing or legal evidence oi the betrayui of bis rights betore he could exercise even the right of investigation, he was virtually remediless, That would secure to a director’who was ful enough tu conceal the evidence of his misdeeds, virtual immunity. This right of Inspection was based, not ou the ground that the director had been guilty of apy musdeed or betrayal of trust, but on the ground that the shareholder bad the inter- est of ownership in the corporate property, and, ‘bough the sharcholder bad parted with the right to control and manage bis property, he still retained this right of ownersbip, which necessarily included the right to as full knowledge of all tho ofiicial acts of his officers as the ollicials themselves bad, so as to enable Tin to ascertain whetber their duty to him was per- formed. Nor could the fact that this right was lable to ubuge or to be unreasovably exercised impair or ex- tinguish the right itseil, Such abuse couid be pro- vented or reguiuted only by the charter or bylaws. It tue right exists at common law u shareholder could not be deprived of 1%, except through the charter or bylaws of the corporation ur by special siatute. Nor could the tact that a Jegisiative statute exists, declar- ing that the shareholder had the right to an inspection of books within a certain period and under certain cir- cumstances, be so construed as to deprive him of the Fight of inspection at any other period or under any Other circumstances, The principie *expressio unius L exclusio alterius’? could Lot be applied when a party ready enjoyed bs law aright, for im such case tho exerci ft the right must be prohibited by the repeal ot the law granting tt. Alter arguing upon these points at great length aud quoting numerous authori. Mes in support of his position, Mr. Bennett concluded by asserting that his ciients had a right to the fuspece tov sought; that thes were in @ position to demand | such inspection; that Mr. Vanderbilt's management had been against the interests of the Lake Shore road ‘end in favor of the New York Central; that the object Of bis chents was to consult witb their cosharebolaers and devise gome piun to save the corporate property; at tho fof mandamus should issue and that the der denying it should be reversed. Mr. Sewell fol Jowed also with an argument entorcing the legal prop- osition submitted by Mr. Bennett. Mr. Choate, in reply, spoke also at great length, Starting with the proposition that where a ruiiroad Corporation 1s created under the laws of the Stato of New York, deriving tts lite aud existence from such laws, it becomes thereby a Now York corporation, notwithstanding the fact that some of the component | ements, by the combination of which the corpora. | tion was tormed, may have been foreign to that State, pd that there ik no more foundation for a claim that Corporation formed under the laws of New York by the consolidation of a domestic and a foreign corporis tion is a joreign corporation than there would ve for a juim that a corporation created under our laws by a some of whom were none twle, was a foreign corporation. He residents of this then proveeded to argue that the rights of stockhoid- | ers and the duties of transfer agents of this company, in respect to the examiuation and exiiwition of transicr books, are governed the provisions of the Revised “statutes and not ty the provisions of the act of 1842; that at the common jaw the stockholder had no absolute oe td the examination of the vooks of the corpora. y00 of which be was a member; that the privilege of examining the books depended upon bis at aiow to tho Court to which application that a epecial occasion had ariseu which rendered it Pi that be should have an opportunity to make Fach ap examination in order to enabie him to pertorm some duty which devolved upon tim as a cor and that otherwise be cvald not obtain an examination except under circumstances (in respect to a pending which an inspection of the books would have ted 10 a etravger, mination of the argument the Court took reserving ite decision. TROUBLES OF FOUR SCORE, Maria Compton, a lady cighty years old, says she | was declared a lunatic without her knowledge by means of a conspiracy on the part of her two grand- sons, Anthony Compton and Reuben A. Compton, who are the beirs at law of her estate, which 's valued at $500,000, The old lady, 1t 18 claimed, 1 now contined in her Louse @ Thirteeath street, ovcupled by Reuben Compton and bis wife, who, it is stated, came there on a visit avd have stayed there ever since. Mr Reuben Compton is the committee of Mrs. Compton appointed by the Court. The old lady 1s desirous of making an epplication to pot aside tne lunacy pre, coediian, She avers that she also says that access ts refused r physician, coun- — ee + cpa hong ay 9 Aa ape made to Judge Larrem: pecial Term o! the Common Pleas, yonerdy. " for an order compelling the commities to allow her coun- sel to visit’ and consult her upon the pro P ines, Stillman K. Wightman, in an affidavit reat-on the motion, states thut he and his Partner bave been employed by the alleged lunatic; that Sophia Compton ented him from holding pri vate conference with his client, and that when he, accompanied by two reputable physicians, applied to see Mrs. Compton, they wore told that sbe was Got in, and the inmates knew it. He says that be saw bi ro the trout windows, and ‘that he called several (1 Iterward, but was always retused admitta: He states, further, that he can produce numerous witnesses to show that the alleged lunatic ts perteetly sane and capable of managing her own affairs, . Several other affidavits of like im- port were then fread by counsel going to show that the old lady was sane, Mrs. Reuben Compton, the committee, makes an affidavit, in which she states that the old lady 1s easily excited and requires to be kept from all causes of excitement; that she appears happy and contented at all times, ex- cept al rain Lew ood have been allowed to see her, who, leponent believes, have sought to excite in hi d suspicions of the motives vf her own rela- hat Mr, Wightman has called upon the old lady 4 bho latter bas always appeared it n Fe- fused admittance, except on one or two occasions, when sho was advised that it was her duty not to allow persons to visit her who wero hkely. 1m any way to excite her, that she 1s willing to allow any physician to visit her and examine her mental condition, and that her counsel, Mr. Maclay, has noti- fied Mr. Wightman that he could nave experts examine her upon giving proper notice and that he has never given such notice, After reads that the old | an excitable condition, and that it would be a cruelty to have these proceedings con- rgument being closed Judge Larremoro gio reserving his decision, Messrs, Maclay and Mudge aipeered for the committee, and Messrs. S. K. and F. B, Wightman for Maria Compton, THE DANICHEFFS. Messre, Shook & Palmer, of the Union Square Theatre, claiming to be owners by purchase of the manuscript of the play “Les Danichefls,” written and composed in French by Messrs, Alexandre Dumas and Pierro Nowsky, obtained an injunc- tion restraining Adolpn Noucndorf from per, forming or producing the play at bis theatre. On the motion to continue the imjunction, the latter claimed, among other things, that in consequence of the pub- lication of the play in Berlin aifd Vienna, the authors had abandoned the same to tho public, and that, there- fore, the injunction must be dissolved. Judge Dono- hue, before whom the motion was argued, having found on the papers before him that such publications were unauthorized, and thet there was no abandon- ment, continued the injunction, Upon an appeal taken from this decision the cuse camo up for argu- ment before the Supreme Court, General Term in which Mr, Henry Wehle appeared for thi plaintit’ and Judgo Dittenhoefer tor Mesers. Shook & Palmer. On. bebalf of Mr. Neuen- dorf Mr. Weble insisted that in order to sustain plaintiffs’ claim to injunction the Court be- low had to find that the authors bave a copyright In the German translation of the play; that the authors? copyright has been effectually transferred to the plaintiflg; that tue authors have done nothing to im- pair ther copyright betore publication; that the de- jendant has wot ucquired any right to the use of the copy of tho play ip his possession, and that vy the de- fendant’s performance of the play the plaintiffs would suffer material and irreparable injury. ‘He insisted that upon. the plaintiffa’ own caso they have failed to prove all theso essential requisites, and that upon the testimony on behalt of the defendunt 1t Is evident that the plaintiffs have failed in every one of the cazential requisites, Judge Dittenhoeter, in reply, urged that no question of jaw 18 presented; that it is conceded that the injunction must fatl, and the action, ton, if there was un authorized publication, as that tn law would amount to an abandonmeat by the authors of err rights and a surrender o! the same to the public; that the Court will not disturb a determination on u quostion of fact on a motion any more than a finding on 8 trial, uni Clearly against the weight of evidence, which is not tho case here, and that no evidence entitled to any weight whatever was presented by the defendant to show authority for the publication. As to the claim in the Court below, that the injunction should be dis- solved because the plaintiffs, 1t was alleged, admitied inacard in the HekaLb **that the performance of tho play at tbe defendant’s theatre would not interfere with the result of its performance in English at the plaintiffa’ theatre,’’ it was insisted in reply that the whole of the card must be taken together, and that if the unauthorized performance by defendant was not restrained doiendants’ aets, in the language of Judge Donobue, would be cited as “evidence to otbers that plaintifls have permitted the public use of their play, dnd will so destroy their right, some other party will come forward und as a detence to uso itin English will show defendant’s performance, and argue, as defendant does, that it must bave becn authorized or it would not have occurred.” ‘Tho Court touk the papers, re- serving its decision: LIFE ON THE OCEAN WAVE. An action was tried yesterday, before Judge Goepp nda jury, in the Marige-Court, Part 2, having-its origin on bourd of the American vark Benefactor, hail- ing from this port, aud bound on a voyage hence to China and other distant ports, Tho bark was home- ward bound at the time of the occurrence which was the subject of the action, George Bingley, rated an ordinary seaman, sued tho captain of the Benclactor, George C, Hayden, for an ussault alleged to have beon committed on uim on a voyage between Amoy, Cina, and New York. ‘The plaintit! claimed that vn a certain day during the carly part of January lust, while Dg soveral other offidavits it was argued iy the sbip wus at sca and he was at the wheel, the captain came on deck and without any provocation struck him in the face. The detendant utterly denied the charge and claimed that it was a false and malicious fabrication. It was shown by the confessions of the plaintiff himselt, us well as by other evidence, that he was in jail in China just be- fore he joined the ship, and that belore he had been on the ship two weeks he had been guilty of insub- ordination, riotous conduct and desertion, and had been again imprisoned by the American Consul at Amoy. The evidence of the captain was supported by all the other members of the crew, by the evidence of a passenger and by the official records ot the Con- sul’s office at Amoy. The case Was submitted tothe jury, who, pending @ long deliberation, were directed to bring in sealed verdict, LONG ISLAND RAILROAD STOCK. The htigation in regard to the stock of tho Long Island Railroad Company gives no promise of being terminated for somo time to come. Tho case came up for argument yesterday, before Judge Freedman, in tho Superior Court, This isthe suit brought by Wiliam A, Havemeyer, son of the late Mayor Havemeyer, against his brother, John ©. Havemeyer, and others, to recover some $76,000, the full facts of which have ost oy | been published in the HgRaLp, It scems that sume $600,000 of Long Island Ratiroad shares wero held by the parties, which they agreed to place in the hands of John C. Havemeyer, the defendant, William was ofered seventy-five per cent for his stock, but be says his brother suld his own stock to the Poppen- husens and did not sell his. An order was given sume time ago for the examination belore triai of John C, Havemeyer touching the letters and telegrams that passed between him aud Poppenhusen touching their arrangement, but the examination was deferred on certificates of his iliuess Mr. Parsons yesterday in- sisted that if Mr. Havemcyer was well enough to travel around the country he was well enough to answer questions. Mr. McLean and Mr. Hetry. A, Cram, counsel for delendaut, objected that the order Was pot granied on sufficient affidavits. Mr. Parsons replicd that it was atrango such acute coansel never discovered itbetore. Inthe course of his remarks Sir. Parsons said be held a letter of John C, Havemeyer, in which he deciared that all ho did in the matter of the stocks was done under the direct guidance of Divine Provi- | dence. Judge Freedman decided that the examination Must go on in the defendant's room, but in the pres. ence of his physician, The answer to the suit denies that there was any agreement or contract between pluintift and defendants. | NEW WAY OF SERVING PAPERS. Joseph Lerwizekt has brought a suit against John N. Korter to recover tho value of a paint mixer, which, ho alleges, was assigned to him by Jacoo Hartman, | and of which bo ¢laims the defendant took forcible possession, On a motion made yesterday before Judge | Larremore, in the Court of Common Pleas, to set aside the complaint on the ground of irregularity of the ser- vice of suinmons and certain defects im the complaint, makes an alfidavit, in which he | states one day in the present month | ho was ul in his office, and to secure quiet had locked the oilice door; that Jacob Hartman came to his office, and nding the door locked shouted to deponent, using opprobrious language, and thereupon broke the gluss of the olfice window, ana through the broken window threw the simmons and complaint «nd ran away; tnat he never told him that the paper was @ saimmons and complaint, and be did not discover that fact until alter he left, It is claimed, Jurther, that the complaint docs not state what Court the action bas bven commenced in, and that the same | Is irregular, because po place of trial is mentioned. | Judge Larremore granted en order to show cause why | the action should not be aismissed, SUMMARY OF LAW CASES. A decree of divorce was yesterday granted in the | Suit of Alois Paviousek against Josepha Pavlousek. | No partioulur advance was made in tho great whise | key case yesterday, and it was adjourned till Monday morning. | The Emma Silver Mine caso was yesterday ad- Journed for two weeks from Wednesday next, Judgo Wallace being called on duty in the Northern district, | In the divorce suit of Harris ayatust Harris a motion was yesterday made before Judge Larremore, in tho Court of Common Pleas, to punish the defendant for coutempt of Court for non-payment of alimony, ‘the question being settled there was no decision. Jo the suit of Maria Whitney agaivst theodore Mar. tini, brought to recovor $5,000 damages for certain alleged wisropre y plaintil was in , duced to loan $5,000 on insufficient securities, amo ; the trast | Company v NEW YORK HERALD, SATURDAY, MARCH 17, tion was made before Judge Freedman for a commin- sion lo examine witnesses in Kansas. je suit it by Police Commissioner Martin against the Windsor Hotel Company, to $54,2c0 be due for ins legal services, was bal claimed to the subject of argument yesterday in t! 100 Court, General Term, on epee, irom an ier of reference, James Lynch, held under commitment by Coronor Ellinger tor alleged complicity in the murder ot Frank Reilly, was yesteraay brought before Judge Lawrence on & Writ of habeas corpus obtained by Mr, Willi Howe, bis counsel, and his discharge asked on v: The Court took the papers. Sybitla Knauf has brought a suit against the city to recover $5,v0U0 damages tor the death of her husband, as alleged, by the careless treatment of tne de- jent in Bellevue Hoxp Tl aff’s death resulted from Int the plaintif! with the proper treatment o: ing physician, Judge Freedman gosterday ‘gay order for the examination of the plaintiff before Jobo Morrison Hunter and R. A. Wrignt, trustees of the estate of Elizabeth A. Butterworth, deceased, mado a report, with which ail partios were sat \d aecord- ingly application was made to the Suprome Court tor the discnarge of the trustees, Judge Lawrence, how- ever, says he cannot certily that the Court examined the uccounts without a refuree, and Thaddeus H. Lane ‘was appointed to pass Qpon them. In July, 1876, Jumes A. Striker, petitioned the Su- preme Court to vacate certain old assessments on, bis ty, on the ground thut payment was legally to presumed from the great lapse of time—being over twenty years—and t! hey were clouds on the title of the petitioner. Judge Donohue granted tho order vacuting the assessments An appeal having been taken by the city the Gencral Term aflirmed the order ot Special Term. Mr. Eliott F, Shepard appeared tor petitioner and Mr. Hugh L, Cole for the city. Harriot Kayior, aged seventeen, has commenced suit in the Supreme Court fer $25,000 dama, tor se- duction under promise of marriage ogainst Alfred Waehiler. A guardian ad litem was yesterday ap- pointea for her by Judge Lawrence. In the suit brought by Dr, Alexander Mott, who, while driving along Fourth avenue in 1874, was run into and overturned by a wagon bolonging to the Consumers’ Ice Company apd sustained injuries tor which he brought au action tor $20, ainet the company, tried beiore Judge Robinson, in the Com- mou Pieas Court, the complaint yesterday was dis- missed, fhe Court held that tho company were not responsible for the malicious of their servants, but only for ordinary carelessness and negligence. In the suit of Joseph Eastburn vs, Henry Colton, John Daly, William Goze, Reuben Parsons und John ‘Thomas, the complaint states that tbe defendants, who aro professional gamblers, are indebted to tho plainuill in the sum of $3,560 for money lost atthe furo table at divers times. A motion to make the complaint more delinite and certain was yesterday argued before Judge Larremore in the Court of Common Pleas. Decision was reserved, Belore the Supreme Court, General Term, there was arguod yesterday the appeul in tue suit of Nicolo Alex- anarie Belizza va. Leland Staniord, ‘iho plantifl, who 18 an [tallan, was an exhivitor at the Centennial bxni- bition, He ‘sold.a diainond pin to Stantord and bis wite for $7,000, out of which transaction grew the Present suit, ‘The question is whether t aint sbull ule security for costs, He claims to bave taken up his residence hero. Willum B, Maclay and John N. Wheelock, trustees, loaned the New York University money on bond an mortgage. ‘The university, beng embarrassed, desires ww ellcct a loan of $30,000, which the United states ‘Trust Compavy 18 willing to furnish providing the loan 's effected on a first mortguge, A petition hus been submitted to Judge Lawrence that the mortgage ot Maclay and Wheelock be made tho second mortgage and the proposed mortgage the first mortgage, He has the papers under consideration. AD interesting argument, but substantially tho zane a8 made at cial Ter: was had yesterday belore the supreme Court, General Term, in the suit brought by Rebecca L. Miller against the Security Life Lnsur- auce und Annuity Company to recover upon a $6,000 policy of insurance granted on the life of her husband, ‘As the assets of the company are now in the hanus of wreceiver and not sulticient to pay all ite debts itis insisted that there should be priority of payment of claims tor louses As death, Judge Donohue denied a motion to compel the receiver to pay the claim. The argument on an appeal from this ordor, and, owing to the Importance of the issue involved, the final decision 18 looked forward to with interest, David J, Ely, a wealthy coffee merchant of this city, died recently, leaving a fortune ol two milltons of dul- Jars, to be divided among bis wite Caroline, his heirs at law and numerous relatives. To his wile he be- queaths $100,000, to be held in trast, she to receive tho interest during her lite. To nis children and relatives he leaves correspondingly munificent and generous bequests, making them ull comfortable for life. There are no charital or other bequests outside of those to his tamily and friends. 1p the mutter of the ussignmont of Abraham 8. Her- man & David Forcheimer, Mir, Ricuard 5, Newcombe, counsel tor Aborni, Moir & Co., a creditor, has moved inthe Court of Common Pleas, betore Judge Liurre- more, for an accounting by the assignee. Herman, it appears, filed » potition in bankruptcy, and the Stato assignee surrendered all the amounts to the bankrupt, which were distributed among tho creditors in accord- ance with a composition deed, signed by ull but the petitioners. It 1s now claimed that the assigneo under ‘deed had no right to make this surronder, petitioners are entitied to be paid their i and that t claim in full Mury Ann Davis brought a sult against her husband, Samuel C, H. Davis, for divorce id the case was | argued on appeal yesterday befure the Common Pleas, | Genoral Term. The facts of the case huve veen tully | published in the Hexaup ajready, The suit is brought j jor a limited divorce, on sbe ground of alleged cruel nnd inhuman treatment, and ibe defendant answers by perl the legality of the marriage, It 1a. ed, that tho plaintiff was Married to a mun named Taylor, in the Indwan Territory, by an Inuiun preacher, and that the plaintift was married during the jiteuime of Taylor. Tue wile claims that this marriage, under the Indian laws, could be avoided by « sopuration by mutual consent. 1s is argued, on the other hand, that the Indian laws apply only to nati and not to whites temporarily residing there, The Court took the papers, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Lawrence. Goldzier va, Stemmler.—Tho Jupth section of the Code, us amended by chupter 434 of the Laws of 1878, authorizes the referee to charge the sum of $50 for his fees and services for a sale under a deeree ot foreclo- sure, ‘The Legisiatare must, in my opimon, be consid- ered in having passed tho amendinent with reverence | to the decision of this Court in the case of Inness vs. Purceli (2 Thompson & Cook, 533), and to have intended ‘Dot to limit the referee to the charges, which that case held he was alone entitied tu make. The referee is en- titled to his disbursements on tho sale, and this | did not understand the pluintif’s counsel to deny. As the point 18 now, no costs of motion are allowed, Roscoe va, Loye.—1 wish to know about whatamount will be required to pay for the repairs which the ro- ceiver desires to make. In the matter of Hunter.—Order granted. Burtis ve, Babson, Jr.—l adhero to the view ox- pressed ou theargument of this motion that the an- swer 18 frivolous und that the plaintiff is entitled to an order overruling the answer jo judgment thereon, Martin vs. Martin.—The action which {am asked to discontinue 1s in the Common Pleas, and the order should be nade in that Court. Tho writof babeas cor- pus will be dismissed on the presentation of an order properly drawn tor that purpose. Petrie vs. Myers.—Upoc consultation with the Jus- tice who tried the case 1am of the opinion thut the amendment asked for shouid be granted upon payment of #10 costs. Campbell ys, Campbell.—The sum of $100 would, in my opinion, be a tulr compensation to the defendant's atlorneys fur the services rendered by thom, aud upon payment by the defendant of that amount the order sought will be granted, In the matter of Count Robin Hood (No. 16)—Thero should be two certificates, Laws-1875, p. 264. Matter of Saclay, &c.—I desire to hear counsel in regard todis application. i itredge vs. Ryer.—Keport of referee is confirmed and decree granted. Cohen vs, David; nov.—Granted, By Judge Barrett, Rogers Locomotive and Machine Works vs. Bills.— The defendants caynot be compelled to pay into Court the suis claimed. The question is whether they are able for it all, That is tue very matter which 18 to be determined in this action. It would be w novel proceeuing to determine that question in advance upon @ motion, and to enlorce such determination by pro- ceedings for contempt., Further, there 18 no fund in the defendant’s hunds excopt the trifling sum specitied in the answer, which is not aimed at by the nowce of motion, But even if the status of the certificate con- Uinued there is no wuthority of law for such an applt- cation, The remedy 3 by action, and the recovery can only be upon the tinal judgment therein, Motion de- nied, witu $10 costs. Grosz vs. Riggs. —If the defendants have acted fraud: ulently or oppressively the plaintiff cau have ample and aGequate relief in the original suit. That suit was of an equitable character, and therc, where all the pro- ceedings have been bad, relief (and thut in a summary way) inay more appropriately be sought. Tho ian- guage of Reynolds in Savage vs Allen, b4 N. Y., 463, meets this case, The remedy by injunction 18 sup- posed to be an extraordinary one, to be resoried wv, as a general rule, only where wn injury without adequate redress may result if the writ be not employed, and this docs not appear to me to be uny such case. Mo- tion granted, with $10 costs to abide the event, By Judge Lawronce, Wilmerding vs. Duncan. —strike out the namo of ref. erce and the allowance, Collins vs. Cushman. --Leave blanks for the name of the referee and tor the allowance, COMMON PLEAS--CHAMBERS, By Judge Larremoro. Alois Pavicusex vs, Josepha Paviousek.—Divorce granted. Matter. &c., of Meyer Rice. —Bond adaed in the pen- alty of $1,000. Beames vs. Towns.—Findings signed. Brown aod othersvs. Hartman, —Decree signed. Ersenberg vs. |emon.—Interrogatory setuled. ki vs, Koster.—Motion granted. ‘aif und others,—Peution granted, By Jugge Van Brant Hunt vs, Wenck and others.—Findings signed, By Judge Larremore, Luke vs Aned; Devlin ve. Shan- Brodie vs. Storrs —Motion granted. Childs vs. Storens; Kabn vs. Franz —Applications granted. The Lake Shore and Michigan Southern Ratlway 8, Brennan,—Order signed. Melich vs, Melich,.—Motion dewied, without preju- dice. MARINE COURT—CHAMBEDS, By Juage McAdam. Dusseldorf vs. Woill, Ferwusou vs, Austein; Rysn va, Foley.—Opinions tiled. Ninth National Bank vs. Baer,—Order settled. Kick vs, Sche —Motion to punish for contempt denied, The roceiver may bri y be advised to reach tho pro; * 1877.—WITH - Whitenow vs. Heddy +n.—Complaint dismissed. et Benson; ( Jarpenter vs. Lighthall.—Motions Anthony va Smit b.—Motion granted tor April 6, 1877. No costs. , ‘Swift vs. Crossms..p.—Jobn A. O’Brien, Esq., ap- pointed receiver. Tilghman va, Starlo Ware vs. Same; Witz vs, Same; Taylor va. Crowe; 3 ame vs, Burry, Samo vs. Fain; Taylor va Mablana; ; Black va, Atlantic Fire Annint- tw ve, Milla; The Merchants’ Na- op; Murray vs. Roberts; Seabui is va, Rogers; Jreund vs. Metz: Macy vs. Ulman; Ruben- hard vs. Kubo; Levy vs, Cohn; ly; Schluster va, Errest; Hail vs. Templeton; Wall va. Devoe; Smith vs. Hawley; Truax ve. Riley; Draper vs. Allen; Liebrertz vs. Kohn; Cross- gan va. Kidbroff.—O1 ters grantod. Hes og vs. Long.—. Defendant adjudged guilty of con- m0 GENERAL SESSIONS—PART 1, Before +Judgo Sutherland, RECEIVI NG STOLEN GOODS, Tho trial of Willan 2 O'Day, who is charged with re- ceiving a large quanti ty of silk valued at $7,000, which had been stolen trom ‘the steamship Adriatic, was re- sum yesterday, } tt Spencer, for the defen examined several witn @ who contradicted the timony of the prosect ttt nas to the whereabouts of the accused in connec to p with the disposition of the property in question, ¢ en ying that he was ut the house mentioned by the pt Of ecution, Assistant Diatriet Attorney Bell examines | a, number of witnesses in re- buttal, and the further | searing of the case was ad- journed until Monday m ¢ ning, OUT OF 418 COURSE. Loran Helvorsen, a No} ‘wogian sailor, pleaded guilty ® nautical instrument from ans 8. Lynberg, at the iodging st, Ho was sent to the State lator Compan i Lot tional Bank vs, Hysb vs. Cl ger; V 1 stein vs. Kafta; Sac) Measerole vs. Blan¢ another sailor, named O01 house No. 77 Oliver strec Prison tor one year, GENERAL SE SSIONS—PART 2 Retore Juc_ ge Gildersleeve. 4 COLORED Of 'FENDER PUNISHED, Enoch Davis, a well > known thief of color, was ar- raigned at the bar by Ay asistant District Attorney Lyon charged with stealing & = watch and chain, the property of Antonio de Ricco, ¢ )n vhe night of tho 4th inst, the complainant, who 1s am; Italian, living at No. 47 Bax- ter sireet, took a stroll | through the negro quarter of the city and in tho @ burse of his rambles wandered into the saloon ut No. | 51 Thompson street, where ho drial rey freely. 1 {# s00u bocame intoxicated aud was relieved of bis Jow tiry. Having informed the po- lico agthorities Detec tive Murphy was sent to bunt up the aelinguent. Hi 5 arrested the prisoner, who was identified by the comp lainant as tho man with whom ho had'been drinking. —_1n reply to Judge Gildersicev tho prisoner, who ple aded guilty, said he bad ne been arrested before. It transpired, however, that bho was an old offender, and he was seut to tho State Prison for the term of ‘three years and six months. STEALIN( 3 SILVER SPOONS. August Braun,a ti nsmitn, of No. 18 Oliver street, was detected in the ac it of stealing o quantity of silver spoons and other ar ficles, the property of Wilber W. Cornell, of No. 51 W ‘est Thirty-ninth street, on the 13th of February lu gt, The prisoner admitted his guilt, and was sont tu the State Prison for two years, A PIC] SPOCKET CAGED. James Ryan, ayou ng pickpocket, who gave his resi- denceas No.9 Monre ia strect, who operated on Park row, was triod and’ convicted of picking the pocket of Mra F. H. Miles, of} 3rooklyn, as she was entering one of the vurldings inth: > vicinity of Beekman street. Tho prizoner ran off wits . the lady’s purse, but was subse- quently captured am J fully identified, Ho was sent to the State Prison for three years. SALT! (NG THE TRACES. In the cases of the | People against the Second Avenue Railway Company and the Central Park and East Broadway Company , against which indictments bave been found at the {ostanceof Mr. Heury Bergh for anlting tho tracks, @ m application was made for an ad- journment, which as granted, the trials being set ‘down for the 23d of ‘Next mouth, A WIDO W'S sETTLEMENT. The suit brought! iy Mrs. Ann Flunnigan against the owners of the King: 1 County Flour Mlilis, to recover $5,000 for the loss oi {her husband, who was killed by falling down a ha jchway on tho premises of de- fendants, has been = sbandoned. ~The widow has con- sented to accept th pb sum of $175 per year for five years as the termso [ hor withdrawal, RETIRED FOR FIVE YEARS. In the Kings coun }y Court of Sessions, before Judge Moore, yesterday af jernoon, James Keegan, a coarse looking young fellow 1, was tried for highway robbery. On the morning of February 21 Miss Clara Smith, of No. 296 McDonougl 1 stroet, Brooklyn, was knocked down and robbed on lewis avenue, The rut- flan struck ber on the face, throwing her tuto the gutter, tore £ cart from about her neck, and then rifled her pocke ts. Keegan ran away at the time, ut was arrested thr. days later for robbing two ladies 0 meburg. jes Smith fully identifed the pri as mecatl defense. tried to prove an alibi. Th © jury failed to. agree in the action tor highwa f robbery. The prisoner then pleaded guilty to the + tudictment for the Williamsbarg robbery. The Judg je sentonced the prisoner to the Kings County Penit. intiary for a term of tive years, COURT OF APPEALS CALENDAR. ALBANY, March 16, 1877. The following ts 4: day calendar jor Monday, March 19, on whieh day} ¢: will convene:—Nos. 16034, 208, 212, 213, 214, 215, 21 1) and 217. UNITED STAI ES SUPREME COURT. Wasuixctox, March 15, 1877. No, 15, Original- Casey vs. Galli.—This action was brouzht pursuant of: an order of the Comptroller of the Currency to enforce t she individual Itability of Galli asa shareholder in the 1 Nov Orleans Banking Association, a national bank, that having fatled, is being wound up by Casoy as roceiver. The caso involves the tollowing question :—Whethor | |) ae action should not be in equity instead of law, and’ + rhether to sustain the action at law itis sufficientto aver the necessity of enforcing the hability, and tha «such necessity bas been doter- mined by the Comg roller of the Currency, without stating facts trom: which the Court can determine whether tho necessf i g exists; whether the determina- tion of the Compty o Wer that 1t 18 nevessary to collect from tho stockbold 1 ‘the entire amount for which ho is hable is cunclu:siye upon the defendant without averring the amout it for which ho ts liable; also, whether by any Sta te authority given in the charter of a State bank its d@ rectors may change its character to that of a national bank, and whether the Comptrol- ler’s certilicate 18 ¢ onclusive as to tho organization of the national bank, C, Case and Rouse & Grant for Plaintiffs; Carlisic & McPherson for detendant, a No. 182. County of ‘Dallas vs. McKonzie—Error to the Circuit Court lor thy y Western District of Missourl.— This is an action on —certaim bonds issued by the county in aid of the Lecied e¢ and Fort Scott Railroad Company. ‘The ailogation ts ire egularity und fraud in the issue, The Court below sv stained the validity ot the issue of the bonds and the ¢ ounty brings the case here, defend- ant inerror not ¢ yppearing. Case submitted on tho printed brieis of th @ piainull in error by John P, Eilis und Willam Patrick. No. 183. Macka 1 vs, Chesapeake and Ohle Canal Company—Error{ jo the Supreme Court of the District of Columnbia.—-Thi js was an action in eyectment to re- cover part of squt sre No. 3, in the city of Washington, brought by the ca halcompany. ‘The defendant below claimed under at ax title and offered to prove the facts vesting such tit fe in him, but the evidence was re- | sected. Ieis her @ insisted that this was error and that | the lability to 1¢ jrfenure of iranchise haying been in- curred by tb ce plaintiff below it snould not have been allo wed to recover. It had forteted its charter by nom aser, and could have no standing in Court, and itis aid 1t18 not necessary in such a caso t0 prove an ab& olute torieure of tue charter by judi- cial decision, if | being sufficient to sbow that the com- pany bas #0 cd anducted itself ns to induce the belief that it has abandy’ ped ite grants. C. Ingle for plaintil in error; W. 8. Jox for dcivndant. No, 184. Me jckall vs. Richards ct al, —Appeal from tho be COU FE ot the Pistrict of Columbia, —This was tor’s b dil by the appellees to subject certain real entate iu Wa shington to the satisiaction of judgments obtained mg ainst the appellant, The claim was that Mackall owr jeu the property in fact, but had not had nis deed ree ;orded, purposely to conceal his title, The Court susta jned the right to follow the property into his bands, and the land was ordered to be sold to sat. isfy the juc igment, Iti here urged that under tho facts disclt yged no rule of law or equity warranted the decree, an d that it must be reversed, U. Seegle for a poliantd 4; W. B. Webb and Thomus Wilson tor ap- ellee. No. 185 , Beall etal. vs. White.ct the Suprr me Court for the District of Was @ Col atest DeLween creditors holding deeds of trust upon the 5 personal property ot the hotel 1n Washington city Koo wn as the St. James and tho landlords of the place w § to the right of the creditors to have priority awarder } thom ou their deeds of trust over the liens for ree 4 The Court below sustained the deods of trust, and it is here contended that the tens of the Iandlot ids should have had precedence, and that the decree w therciore erronevas. W. D. Davidgo for appell ants; EB, Totten for appellees. On motion of Mr. E. P. Wheeler, H. Kdwin Tro. main, /of New York city, was admittod to practise as an av jorney and couuselior of this court. Caf @ No, 842. Ihe Continent Insurance Company of ¥ ew York, plainuity in error, vs. Thomas A, Kas¢ jy.—On motion of Mr, Enoch Totten, in behalf of cout gel for plaintiff in error, dismissed, with costs, Ne» 185. Benjamin Beall'and F, R. Baker, appel- lant 6, vs, Blias BE, White et al,—Tho argument of this cau! jo was continued by Mr, Enoch Totten, of counsel for appellees, and concluded by Mr. W. D. Davidge for app sllants, 3 do, 186. Thomas Collins, plaintiff in error, vs, Wille fan pL, Gribert et al.—This cause was argued by Mr. R, Merrick, of counsel for plaintif’ ti error, aud by Mr, Hi Burgoria for defendants in error, No, 187. D. Freeman Polo et nl, sppollants, vs. D; povel Tyler, claimant, ship Edith, &c. —This cause was at ued by Mr. F, A. Wilcox, of counsel tor appellants, a ad by Mr. K.P, Wheeler tor appellees. No, 189, George and Mary &, Lietz, appellants, vs. J bon T. Mitchell—The argamont of this cause w: ¢ ommenced by Mr. Francia Miller, of counsel Hi ppellante, | ; Adjourned until Monday. he —Appeal from SUPPLEMENT. AUTHORS ON THEIR “METAL.” HOW THE WORKS OF POPULAB WRITERS ARE VIEWED WITH THE EYE OF BANERUPTCY— MR. FORD'S METALLIC TEST. ‘The consideration of the application in bankruptcy of J. B, Ford & Co, was resumed yesterday before Reg- ister Fitch, The answers to questions put to Mr. Ford by counsel of Thomis W. Weathered, the op- posing creditor, were read to Mr. Ford and were signed by him as correct, Among ‘the points elicited by the examination were the foliowin; Q. How much do you receive per week from the concern? A. Our personal ailowanca since the troubles have been at the rate of $40 per week, fixed at ‘hat by matual agreement. @ In your schedule you set forth that your stock in trade 1s worth $21,357 39. How do you arrive at that valuation? A, They were valued by a committee of the creditors, and it is my belief that tho suin total set forth in the schedule isthe sume as fixed by the com- mittee. 1 desire to make a correction. The sum total fixed by the committeo was in the old bankruptcy, not in the present onc. ‘nis present valuation was fixed by ourselves trom the figures in the books. Q Who is Edwin Morey, who 18 set down as a secured creditor? A. He resides in Boston; I don’t know what bis business is, “CHRIST IN ART.” Q. When did you give bim the electrotype plates of “Christ in Art’? as security for bis debt?” <A. I don’t know how iong he bas had them; less than two years, Q Do you know about the value of these plates? A. [ would estimate them at $12,000 or $15,000, I wish to make a correction in my examination of Jan- uary 31, by saying that we (J. B. and E, L. Ford) have received at the rate of about $70 per week. I also desire to make a correction in regard to the valuation of the plates mortgaged to Mr. Morey; I would say I don’t know what they are worth, WHAT THE FIRM OWN. In the examination of John R. Howard, one of th members of the firm on March 7, last week, the follow- jog was elicited;— Q What has become of the copyright and plates of the old library of ‘Poetry and song,’ by William C. Bryant? A. They were ussiyned to Thorndyke San- dera, lawyer, 10 consideration of services being ren- dered in the matter of the present bankruptcy. The lates and copyright are worth from $800 to $1,000, in 1870, 1 think, the plates cost ubout $3,000, Q Give the jes of the works of which you hold the copyrignt: id the exclusive right of publication. A. 1. “Romance and Rouality,” by Mre. A. EB. Burr, 2 “Principles of Dome: Science und the New Housekeepers’ Manual,” by Miss C. E. Beccuer, 3, Sermons trom 1869 10 1874, and t! ‘Overtures of the Angels” and “The Lite of Christ by Henry Ward Beecher, 4. ‘Our Seyen Churches,’’ by T. K. Beecher. 5. ‘Field, Cover and Trap Shooting,” by A. H. Bogar- dus, 6, A new library of poets and Song,” by W. . Bryant. 7. ‘fhe American Konnel and Sporting Field,” by Arnold Burgess. 8. ‘*Toinette,”’ by Honry Churton. 9 “The Circuit Rider,” and also “Christ in Art,” by Edward Eggleston, 10.’ “Tne Abbo Legrane,”? by A. Fabbri, 11, “Bravo Hearts, by Ruvertson Green. 12 “New Lite in New Lands,’’ by, Gra Greenwood. 13. “St. George and St. Michael,’? by George MacDonald. 14 ‘Concise History of the American People,” by J. H.Putton.. 15. ‘A Good Match,” by Amelia Perier, 1¢. “Ell Perkins,” by M. D, Landon. 17, **History of Now York State,” by & 8. Randall. 18 “1tanabook for Riflemen,"’ by George O. Starr, 19. “Library of Famous Fiction,” a com- pilation, 20, “Women tn Sucred History,” by Harriet Beecher Stowe. HACK PRICES FOR LITERATURE. Q. What is the value of tho plates and copyright of “Christin Art?” A. They are possibly worth $3,000. 1 think the plates and blocks cost about $10,000 in 1874, Tho plates and copyright of “Romance and Reality” are worth nothing, They cost about $480 in | 1875, ‘The ‘Principles of Domestic Science”’ 1s worth the metal that is io 1tat what rate that would bring by the pound as metal, The “New Housekeeper’s Man- ual’? is also worth only the metal. ‘Beecher’s Ser- mons” are likewiso only worth the metal they are castin, The ‘Overtures of the Angels’? are worth the metal only, ‘Tho plates of the ‘Life of Curist,’’ with the copyright, we carry at $5,000, The plates and con- tract with Mr. Beecher cost us $27,000, ‘Our Seven Churches” is worth the metal, I tuink it cost about $300. “A New Library of Poctry aod Song,’? by Bryant, 1s hurder to estimate than the others, because still in progress and of uncertain popularity, It has cost about $7,500 and 1s worth about $7,00G, ‘Rand- all’s History ot New York State”’ is worth motal only, “Women and Sacred History,’? by Harriet Beecher | Stowe, is worth $500, and cost about $2,000, ‘The examination was farther adjourned, REAL ESTATE. There were sold at tho Res! Estate Exchange, No. 111 Broadway, yesterday, four parcels of property in foreclosure. The sale by V. K. Stevenson of property on Fourth avenue, near Twenty-fourth streot, was one not in the usual order of foreclosure sales. It was tho sale to tho highest vidder of the life interest in a two story house with fot upon which there i#a mortgage of $210 and arrears of taxes and assessments of about $1,000. Tho bidding was very spirited, as the value of the property to the purchaser depended upon the provable longevity of the party who had mortgaged his life interest, 1t was knocked down to E. Koen at $850, but as he failod to put up the deposit of twenty per cent it was re-sold at $830, The transactions of the day were as follows :— By Louis Mester—Foreclosure sale—William L. Find- ley referee) of two each 25x90.11, south side of Weas 1248h at.. 175 teet, cast of 8th'av., $1,000 t each Butman (plaintiff) ..... =» $2,000 ‘Also one lot, 25x99.11, on south sido of West 25th ‘st., 175 fect cust of Sth av.: tw E. V. Butman (pial tifh . 1,375 By Winans vien—Fe 4 Dixon (referee) of » plot of land, 39.6x202%37.6x 212, ext side of Marian av. 769 leet north ot ze rod; to Mutual Life Insurance Compuny (plaintiff) . pets .» 1,000 By V._K. dtevenson—Foreclosure suio—John P. OINoill (referee) life interest in a two story house, with lot, 16.8x00, om west side of 4th av, 16.8 teet south of 24th st.,upon which there are inortgages and tuxes of § to Philip Furiong........ 830 Total sates for the day Jacobs and: 50.2 wile to Henry Kolsh » (West), No. 13: Ei mily L. Hotfiaan to Alexander av., w. 8 I LE (28th ward) ; James K. 5. Dwyer to wife to Jesse Adut 8. 6. Levi Adams and tt. w. of Bd av., 72%124.10; Ler 125th st., em, 0 Adams und wife to Jesse Adama, 125th st.,m. 210 fe. to sam 120th st, Ist av. 74'ft. n. of 20th st., 24 Aldhous und wifo to Janes A. Frame Williamsbridye Koad, n. 5., frregular, (24th ward); John Briggs to William Duffey 3,000 Kingsbridge road, nos. irregular (24th warg), part ot Sab Ua akat sete seve 1,000 Grant av., we 50x250 (24th ward); John ber- tian and wife to Louis D. Sproat. 3 500 401i 94.5 Oth iv. ied ward Gu ask. Foran.. 17,000 20x100.11; ulso Maria frame Stewart to Henry Hilton YY 6. &. 198 ft, w. of Sth av., 22x98.9; same to Ann 2a av..w. §., 100,10 ft. n, p (dated 1361); John 8, Marshall and wife to Mary Brigham. t Madison av. ; 2 yeu eee rence G. aud wife, to John Simpson, 1, 8. of Centre ad ward); | year, Groenly, Cornelia M., to Townsend Wandeli, » TAth st, @. of Madison av. Goodseil, Alexands sox of Madinon st, w. of Mike at Hoffivan, Pant and wite, to G. W, Slow . of Attorney st.; 5 ye B. MeV at, w, Of Sth av, 5 3 Same to Emily L. Hi av. ; 8 yeurn. Loper, Charles 8., to Wilita ‘av.. 8, of 111th at. : 6 years Same to same, w. & of 2d uv. Livingston, Robert id wi 1. w, corner Gth av, and 23d of 6th av., a. of 3 you ‘snd wite to Jennette Burchell, « t 4th ave; | year Suine to same, we art Bd st, w. 0 disth st. jin B. f of Marti FERRY LEASES. \ THOROUGHFARES OF FILTH. A CONSTANTINOPLE OF THE WESTERN OONTI* NENT—RANGES OF GARBAGE MOUNTAINS UP~ TOWN, DOWNTOWN AND ALL OVER TOWN— BLOCKADED ROADWAYS AND REEKING POOLS—- ‘THE PUBLIC DANGER, Week after week slips by and still no measures are taken to clear the streets of this city of the festering masses ot garbage that disfgure even its main arteriot of travel, to say nothing of tho less trequented districts east and west of the leading avenues, The fine snow which commenced falling yesterday afternoon, and continued through the evening, was probably one of the last of the season, Comparatively warm weatnel must succeed it, and Detore another week ora fortnight at most is over such high temperatures may prevali hat it will be perilous to the public bealth to disturk the masses of fermenting animal and vegetable refuse, mixed with water and soil, that row oc cupy more than one-fourth of the whole street area of tho city—threo feet high in the most neglected localities. Any person who has caretully followed the various projects that havo been in operation during the last ten yeurs can come to only one conclusion— namely, that while the taxpayers of this city have exe pended more money to the square yard than would be required with economical management to cloar the whole open surfaco once in every forty-eight hours, under the best street administration that our citizens have ever enjoyed, there has not been a single week within the recollection of the present generation when New York could compare with Paris or London for cleanliness, Last year, for example, the city of Paris was cleaned every day (or rather every night) atan expense of less than hall a cont per square foot, while the city of Now York was paying six times that amount fora nominal cleaning that kept Broadway and the aristocratic neighborhoods ina tolerable cone dition, leaving the crowded districts east and west to fester und ferment in a three we accumulation, never thoroughly removed, and ojten not even slurred over, The administration of the depart- ment under City Inspector Boole, who wag the subject of an Albany investigating commit- tee, was neither more’ expensive nor more noglectiul than tho administration that immediately succeeded hia; and, saving tho fact that the Jate Judge Whiting made one-show of cleaning during his control of the contract, there has been no period withiu tea years, however brief, in which the condition ot our street surfaces has not been u sourco of serious anxiety and of serious menace to tho public hoalth, Ono of the devices of the department bas always been to keep a few streots and avenues lined with palatial residences: ina tolerable condition, Filth avenue, for instance, with ita sparse and cloanly population, was cleaned three times a week, while the tenoment house districts, with their crowded populations, wero slurred over once in two or three weeks, thus oxactly reversing the propor order of things; for, to the square yard, Fifth avenue makes less than one-eighth of tho filth per day that ts Vomited into the street from the same area in Mulborry street, or any one of the streets running east from the Bowery to the river, 1t is obvious, therefore, that Fifth avenue can bétter afford to exis: threé weeks with- out the services of the scavenger than Stanton or Rive ington street for three days, and it is equally obvious that any administration of the Street Devarionea Es Bes neglects this important consideration must 1s efficient at the best, and indecent when the torms of tbe prescription are not thoroughly carried out The experience of tho last ten years amply sustains ibe view, therefore, that a thorough reform, not in the practice only, but in the theory upon which the depart- ment is conducted also, i8 becessary to secure the desired cleanliness for which such a department exists, if tt has any raison d’étre oxcept that of a bureau for the absorption of tunds. ‘THR CITY BELOW CANAL STREET. On Wednesday last the Heraup puovlished a short survey of the condition of the streets in the more ac- cessibie quarters of the city and pointed out some of the principal seats of filth down town, Yesterday, in order to impress the danger of the situation more thoroughly upon the popular mind, a HeRaLD repre- sentative wus directed to examino the subject in detail and report upon the condition of those imaccossible districts that naturally escape the attention of the influential moneyed public. Down town, from Canal street to the Battery, with the single exception of Wall street, there is not a single cross thoroughiare tbat is not blockaded with mounds and hillocks o1 rubbish, Park place, owing to its width, is tolerably passable from Broadway to Church street, although were the rubbish that eucumbers its broader gection to be measured by the cubic foot the figures would swell to thousands, In the vicinity of Washing- ton and Fulton markets, which aro great centres of garbage creation, the pavemont is scarcely visible at all, except along a nurrow ribbon representing the middle ui the stroct, ‘To muko the matter worse many of these downtown sloughs rest upon a damaged and uneven substratum of cobblestone pavement, which ronders it impossiblo to calculate their depth, At in. tervals, consequently, there are deep mud holes filled with a thin pudding of filth—the draimage of the ad- jacont heaps and mounds, Through Park place there te not a singlo point, except the regular crossings, and many of these are blockaded, where a pedestrian can cross without circumpavigating mud holes, provided he should be successiul at the outset in getting safely over the long earthwork of filth that fills the gutter and rises at some points to the height of tully three feet, Were these mounds to be levelled they would cover the whole roadway to a depth of not leas one foot, At a moderate calculation any half mile of Wasuington street, taken at random, would yield 50,000 cubic fect of refuse and offal. A narrow road- way studded with mud-holes passes between two un- broken ranges of garbage heaps and receives theit drainage ito deep cesspovls filled with stagnant water. At points along this roadway the pavement 18 visible, but, except for occasional elevations, it bathed ankle decp in o thin and disgusting sludge, The state of Washington street is per! scarcely @ fair example of the average condition of things below Canal street, altbough it is only a little worse thaa the western portions of Vosey, Barclay, Dey, Cortlandt, and other cross thoroughfares abutting upon it, The extreme southern tongue of tho island, about the But tery and Bowling Green, although very filthy, is @ little less oncumbered. AS a rule, along the western water iront of the city, the cross strects are encume bered for threo end four squares you look toward Broadway to extent comparable with Washington street, while for the rest of tho way they are de- plorably dirty, although not absolutely submerged, abounding in heaps of garb: but not in those lengthened earthworks that distinguish the sections 1 sight of the water front. Of the tutertor strects west of Broadway, Rector stroet furnishes an example of neglect that may ve studied at leisure, One hundred cart loud to the square would oly ciear the road- way and reveal tbe gutters, This is one of the tene ment house districts downtown, aud it should always be remembered that the refuse accumulated in such districts differs materially trom such as 1s generated op business thoroughfares, fermenting more’ readily under the action of hoai,owing to a larger admix+ ture of animal and vegotabio matier, Again, it fers ments at a lower temperature than the waste prod- ucts generated on commercial thoroughtares; and 18, hence, infnitely more menacing to the public health, ‘A sharp distinction in sanitary science must, there foro, be maintained between the two classes of retus material, EAST OF PRARL STREET. The district, along and narrow one, lying betwequ Pearl street and the Zast River, is ue tuat bas not Deon thoroughly clean for ye d description cab give an adeqaa menuion of the fact that no indications of the scav: ger's work were visible amid its purlieus yesterday is ali that 1s ossential to indicate tho criminal noglect of the department. Tho low beit that Canal street traverses almost from river to river has remained in statu quo, notwithstanding the recent rive. lations of the Heratp, A fair example o1 both these districts is furnished by City Halt place, which runs from Printing House square to Pearl street. It is only two squares, |, oneither hand by tenements, and yet twenty-se' heaps of retuse can be counted here, occupying about one-sixth of the whole areao! the roadway. Some of them ure more than two feet deep, and it would be no exaggeration to say that the removal of 10,000 cubic feot of filth would scarcely suflice to clear the pave. inent and gutters, KAST OF THE NOWRRY AND THIRD AVENUE, In the portion of Division street abutung upon the Bowery scarcely a square foot of pavement 1s visible within threo squares. The removal of 10,000 cud’ feot of reiuse would not ciear the first four squares-of this thoroughfare of millinery shops. Farther cast it is less filthy. Running parallel with the Bowery? one square east, from Division street to Houstot i the longest unbroken toneiment houso streots in lower part ot the city, It ts and bas a narrow roadway passing between two long mounds of filth from one to two feet deep, which, having been upturned preparatory to re. moval, bave fromained ip that condition for veral days, and will probably so remai ne days longer. On its way north this stree nal, Grand, Broome, Rivington and eianton which are in tho same condition from the Bowery to their eastern termini; and omerges nt the toot of Second avenue, where, upon the two lower squares, our reporter counted sevouteen reeking heaps of garbage. Sixth, Seventh a! Ninth streets aro badly paved, and the depth of their numerous filth heaps is, therefore, dificult to determine, None of these is in 80 bad a condition as Eleventh street, trom Third avenue eastward, along which our reporter counted 679 garbage heaps, varying in depth from foot and a hall to two feet, Nono of those streets have been thoroughly cleaned since last October. Kloventh street north to Filty-sixth street there. ts ver nee thoroughfare from Secend avenue to the r ab 1s Hot in near! Elevonth street itsol, ny “* bad @ condition, aa, 4 Crrowy ON THE west, ® Crossing at Filty-seventh stroet and id that the condition of affairs is more deplo lo in Spots than itis th the corresponding oastern section, Comptroller Kelly has been requested by the Sink- ‘ng Fund Commissioners to furnish information rela- tive to the’granting of ferry leases by the city, the ount paid, the terms for which they bave becn ven, and all ovber facie im bis a upon this Teh Possession upon hough there ig less unitormity ot ext 3 ating fiithiness, Th ements, and, puget Sere district at and about the foot of Forty-titth Street, bas no fair parallel anywhere up town; but there aro oases. {OONTINUED. ON NINTH PAGEA; 4 wg ?