The New York Herald Newspaper, April 3, 1877, Page 5

“THE RING SUITS. No Prospect of a Compromise with Tweed, PETER B. PRAYS FOR PEACE Tow the City Hus Received and Paid Out in the Ring Prosecutions—Some Fat Fees. Tho much talked of compromise which William M. Tweed's counsel was going (0 propose to the Attorney General bas been shelved tor a considerable time, if hot forever. Such was the substance of a statement made by the *Boss’”’ counsel, Mr, John D, Townsend, to tho writer yesterday afternoon,’ ‘We are just as tar from a settlement of the matter now as we ever were,” said he, The cause of the hitch Mr. Townsend declined to state, It is under- stood, however, that the trouble Jies in the fact that many of the persons to whom Mr, Tweed transterred his property for safety when the King’s troubles began re- fuse to part with it now, and that to properly examine, acquire the title of and appraise even the portion which cay be recovered will be the work of months, Mr, Wheeler H. Peckham, represeating the Attorney General in the matter, has declared that he would not sotile with tho ex-Tammany cbieitain for any beggarly sum, and intimated that half a milhon would bo the minimum, Any settlement with Mr, Tweed would, of course, have to include tho entering of a nolle prosequi in cach of tho four criminal indictments for false pretences and con- spiracy now on file against him in the office of the Dis- trict Attorney; and the temper of the prosecution in- dicates that it would rather have ‘the old man” con- victed and sentto Sing Sing Prison than accept any moan amount of money in settioment. The suit begun to recover $7,000,000 from Peter B, Sweeny, which was originally set down for trial Yesterday, was postponed until June 4, at the request of his counsel, Mr, William A. Beach, A CARD FROM MK. SWERNY. Mr. Sweeny bas sent the following card to tho HERALD, with a request for its publication :— To THe PUBLIC. It is usually unwise to discuss in the press subjects ox- to bo submitted to an carly Judicial in public rumor gssumos shapes ‘and suet to be the effect of the many injurious speculations concerning myself, Ido Not propose to try my case out of court. I returued to this city as svon as I lenrnod that my pres ence here was desired by tho complninants. to at tend the trial of my cause, and expected it would be tried on the 2d day of April inst. ‘The engagements of one of my counsel made a postponement necessary, much to my in- convenience and disnppointinent, The statement tit I Lad revelations to make concerning Mr, Hull, or uny other porson, Is entirely out foundation; uor can any be truthfully mage in regard to imysell, It is equally uniounded that Iau nezotiating or atiompting to egouinte any compromise of ‘my litigation, or that { au in way coucerned with any supposed compromise between others. 1am here to try my cause, and am ready to try it aud do not hesitate to subsilt mysolf to the unprejudiced ¢ ment ot vA tellow citizens, I le! is city withont ceey, My Intended departure w: press. The, Distries Attorney, notified of my intention — hd kuew no reason why 1 should not pleased, No charge, etvil or criminal, was peuding aya me, Thad sought an investigation of my alle ged relazion to the mutters mvolved by those who acted on bealf of tho public authorities. It tiled without my twult, Under these cireumstances I may, I think, ‘appeal to the justice of the press and the pnulic to suffer me to await un- obtrusively the result of my litigation without enduring the 4 und injurious imputations which have pursued me y return, PETER B, SWEENY. JUDGE WESTBROOK’S ORDER. Tho following is the text of the formal order which Was entered yesterday, postponing the hearing of the $7,000,000 suit agamst Mr, Sween, ny) having moved to adjourn this cause (The People vs. Sweeny). on account of the ongage- ment of his counsel until the 4th day of June, 1877, and the Court baving concluded tw grant, such motion, on condition that the defendant (weeny) sball stipulate to try such Cause wt such adjou: ned day, and shail alxo stipulate that the plaintif on the total of this uetion muy read us evidence in this cause the testimony taken in a cerca: these plaintiffs and one William M. ‘Tweed, aud the Mayor, Aldermen and. Commonalty of the city of New York, fendunts, as printed in the case, for an appeal to the ¢ Term in suid action, with the testimony of John tt Draper, Jobn Li Amel £, Parkhurst, Mabl Brock, William H. € ‘Miams, Benjamin S eker, Howard B, Park, Arthur E. Smith, sydney 'E.. Fordham. Erancls | A, | Palmer, Arthur Rico, John Ailes, Joba C. Wood, Willium A. Simpson, John H sto ord, Joseph W. Stopiord aud Francis J, Twomey to the effect, an bt the samo obligations to its ility, ws if the said persons were produced oc sworn witnesses on the trial of this action, and on the further fonaideration that the defendant Sweeny consent 10 the fischurge of the jury now struck for the trial of this action, aud to the striking of another jury for the trial of this ton, and to the entry of ‘the proper order theretor. And’ the, defendant Sweeny having, by his counsel in bpen court, consented to suid conditions; now, therefore, on qotion of Join McKeon, attorney for wild detondant Potor B. Sweeny, and alter hearing Mr. Peckham for plitu- tiffs, and Mr, Whitney for tho defendant corporation, tt 1% or- dered that this cuuise be nnd the sume Is hereby set for trial on the 4th day of June, 1877. Ordered further, on motion of Mr, Pockham, und the defendant Sweeny, by his counsel John Mekeon, and the detendant Corporation, by its coun- sol William Whitney, In open court consont- ing, that on ‘the trial’ of this cause the — tes timony of the persons: hereimbelore unmed may be read Wy rom | tho printed case on nppeal le ve. Wim. M. Tweed et al., with ame objections ery part thereof ax if the said persons were persunally present and examined us wit- # in thiy wetion; and on like motion and like assent in n court, it is hereby ordered that the jury heretolore struck for the trint of this wetion bo and the saine ts hereby discharged, And on like motion and like consent in open, court, and it uppearing to the Court, on the suggestion of the counsel tor said Peter B, Sweeny, agreed to by the counsel tor the other part his action, that the County Clerk is not indifferent be the purties to this action, dered that another Jury be struck for the trial of th und that Henry i. Davies and Wilson G, Huns « appointed the pro at such jury be a 877. J. K WESTBROOK, Justice Supreme Court, PROFITS AND LOSSES OF THE RING SUITS, Comptroller Kelly yesterday transmitted to the As- sembly an interesting statement of the amounts re- ceived by the city im the Ring suits, and also tho amounts paid and allowed for legal services in connec- sion with the same, The following are its main fea- sures: Schedule A exhibits the amount recetved nnd deposited in tke City Trowstry to the credit of “Public Moneys Ke- toverou,’ under chapter 49, Laws of 1875, by aud through Lon. Charles 8, Fairevild, Attorney General ott aud also the ationnt allowed and paid by him for 0 Fecovered. te ot Habilities and wise y the Finance Departm 4 in pui of acts of the Legisiature aud, rintions therein provided, ax follows, Chapter 50%, amount appropriated. 1573—Chapter appropriated. 1874—Chapt appropriated 1876—Chapter 212, amount appropri Total... $125,000 jade by ‘the Scneduio U shows in detail ail ‘payments mi Finance Department, on ucvount of liabilities and expens for counsel fees nnd’ otherwise, in the prosecution of sui of the city and county of New’ York against William M. Tweed and others; and also on account of services of ex- erts and accountants in procuring ana presenting evidence in suits and progeedings relative to frauds; said payments amounting to $90,107, being made from “urrewrages -ot 1x73,” under the authority of chapters ) and 20, Laws of 1872) and also from Appropriations made by the Board of Estimate and Apportionnient for “contingencies.” county of New York, and Comptroller's office for 1872; trom “sai ariey Finance Departi for 1878, 1X74 and 1875; and also trom “ppropriations “for procuring and presenting evi dence in all suits oF proceedings relative to trauds commit. ted prige to January, 1872, on the clty and county of New York.” The total amount received on “Ring suits” by the Attorney State, as shown by schedule A, is. Less amount paid by the Attorney General unt of 8658,237 statement of the amount dules A, 8 and O:— Jogal services us per +0312,2409 per Amount patd into tho City Treasury The fo ing I Indiv edule A Wheeter i Beckivam, for Vegui” weevices a hi for legal services as per e for legal services ws pe ar Bartow & Olney ind Peter 1s. Olney, tor ver schedule B Simon ames Bott, t eViEeS We per Ach . for legal services as per for local services ns per schednle B ices e rier, H. Straban, les O'Conor, schedule B Henry ¥, Tal schedule A Henry F. Tai Henry F. Tnintor, for service per sohodule Arthur BE, Sinith, per xchedal Robert ¥: per rcbedule 300 Christian Classen, for per sohedile U.'.... 100 B,J, Attinelli, for services’ as ‘ciork to Taintor, aw per schedule 6 ss eeeeee ws teseee, 200 . Orang, for services in Suit of George's. Miller ‘and travelling expenses, ng per schedules Band. 167 .G, Hattiold, for services investizating accounts of J. iL, Keyser, & or schedule 0. a6 wenn + 800 Peter Mitchell, for in suits’ growing ont of the frauds, as per sehedale © 250 0.0. IF Hartlett, for procurini: evil is, ae per xcheaule U.... ij 190 Grady, for procuring evidence, & auids, ax per schedule O, 100 E.G, Anthony, for servieos ns per schedule A +. uo George W, Sinith, lor services as clerk, as por sched: we Bo. see Petree een sone + 606 vw. jos, for services as clerk, as per sched- Tome & Basalt, for services us cioris, as per tigation, as per schedule 1 and, Oe vices ue accoun 1 rts of urzumen| Allan Pinkerton, for il exp Jos E. Vaine, tor examining signature: ‘Tweed ana others............. David H. Gfidersloeve, for vrinting..... B. W. Moore, for services ta Genet case, Joho F. Moiiehan, for services as messenger. John H. Kitchen, for services ax messenyer, Wa. Montsomory. for services in Genet cuso.. Hey, for Chas. M. services met ease... Wm. ©, Bryant'€Co., for printing . Thor. C. Dufly, for servi in Inger sand expenses soll case Total... RECAPITULATION. ferrite, Total amount recetved on account of “Ring sults" asrer schedule Of this amoung the sum of $654,237 City Treasury. +3600,849 wis deposited in ‘the Payment Ou account of Ring suits On account of Ring suits as per schedule B On account of King suits us per schedule C F12.012 105,901 40,107 ry, ‘he tore full of the amount which by the books of the Comptroller's office appears to have Veon received in any anu ali of the suits brought for the recovery of moneys belonging to the city of New Fork, commonly known as the “Ring suits, und ths amount whieh has been paid us allowed ‘tor legal serviecs or expenses ip and about the same, including payments for examination of books, vouchers’ and wccounts, and. tho tion of the eviden made by accountan:s and clerks speciaily employed for that service. Accompanying the above statements aro the sched. ules relerred to, containing full details of payments mado, FEES, SHERIFF A TEN YEARS’ EXHIGIT ¥YLOM THE COMPTROL- | LER’S OFFICE-—AMOUNTS PAID TO SHERIVES KELLY, O'BRIEN, DRENNAN AND CONNER— UNSETTLED CLAIMS, The Legislature recently called upon Comptrollor Kelly to furnish copies of tho various bills rendered by tho Sherif against the city and county of New York ‘during ench of the ten years prior to the 1st of | January, 1877, with an accompanying statement show- ing the amount which has been paid on each of said bifis and the amount sull claimed, but not paid.” | The following are the totals covering this period :— Bills Presented, Bills Paid, 1867—Jobn Kelly, Shoriff.... $24,209 07 4,209 07 1868) James O'Brien, shorift, 206,134 49 296,124 4: sual Suit commenced itor..,, 258,58) 41 Unpaid, 1870 1871 isn Mat*hwT. Brennan, sh’ff 467,875 35 122,135 33 1873 sid | Wm. C. Conner, sheriff, 275,436 00 62,710 82 dy will that the ten years inciude only ono year of Comptroller Kelly’s terin as sheriff, while the full terms of the other three sherif_s are included, Tho resolution of the Senate does not call for any more Agures, It will be seen algo that the total of Sheriff O’Brion’s bil amounted to $554,719 90, The sum of $88,033 42 is put down for salaries of jailors, clerks, keepers and other officials. A suit for three quarters ending September 30, 1872, amounting to $52,863, was brought by Sheriff Brenna: A counter claim Was set up by the city for undadpay ments made in 1871. ‘This counter claim was tained, and the city recovered judymont for $36,163 26, ‘The total amount of sheriff's bills for ten years end- ing December 31, 1376, amounted to $1,822, On these bills the city paid $505,189 71, leaving a balance claimed of $817,050 61. e MUNICIPAL NOTEs. City Chamberlain Tappan received $711,604 86 and disbursed $728,362 44 during the past week, leaving a balance in the City Treasuay of $262,146. 44. Comptroller Kelly yesterday paid the March salaries of the employés of the Fire Department and Comm! sion of Charities and Correction. A meeting of the Armory Commission, which con- sists of Mayor Ely, Comptroiler Kelly and fax Com. missioner Andrews, was beld yesterday, ‘Testimony was taker as to cortain claims for armory rents, but no awards were made, * The Board of Aldermen will meet this atternoon, when tho dog ordinance will probably bo calied up for consideration. ‘Tho ‘Omnibus Dill’? and kindred measures continue to be topics of heated discussion around the City Hall. Local statesmen feel anxious as to future prospects for obtaining toeir bread and butter. THE POLICE INsPECTORSHIP. General Smith, president of the Police Board, yestor- day positively asserted that no action euch us balloting for, recommending or stating proterences for any one to Mill the vacant inspectorship has atany ume been taken by the Commussiouere, There has been some desultory con on the = matier from time to time, but no official action. Tho Bourd 18 contenting itself at present with examining the police captains’ records. The most romineat candidates for the place were Captains acCullagh, MeDonnell, William Byrnes, Gunner, Copeland, Potty and Walsh. It is impossible at thi time, said General Smith, to name the successful ci didatc, When the Board decides upon a choice the same will immediately bo made public, BOARD OF EDUCATION. The Finance Committee of the Board of Education bold a mecting yesicrday to routine current business. The Committee on Teachers held a session to consider absences of teachers jor the month of March, and also to consider applications for additional teachers in tho Various wards necessitated by an Increased attendance in the number of pupila The Commitice on Byluws held a meeting to consider the resolution offered by Commissioner Walker at the Inst regular meeting of the Board relative to a modification of article 15 of the Bylaws in relation to corporal punishment. Owing to other important subjects the matter was laid over, Sealed proposals wero received by the Trustees of tho Twenty-ibira ward tor enlarging Grammar School Building No. 62, located on ibird avenue near 158th street, The bids were (or mason work, car- penter work, painting, steam neuting and furniture, ‘The contracts were awarded as follows:—Musun work to Thomas Lenuon tor $8,540, carpenter work to Michael McDonough for $11,131, painting to John O, Grant for $950, heating uppliances to John Neal & Co. for $4,469, now furniture to the National school Furni- ture Company for $3,468 387, and tho repairing of old fernitare to Wulgruin & Buscall tor $647. Theso awards must be upproved by the Board of Education before any contracts are signed, EVENING HIGH SCHOOL, Tho Evening High School closes its Non of 1876-7 this evening. The attendance for the past year has been larger than heretofore, the averago being 1,045 for the term, and the proticiency of the pupils much more marked. The usual closing exercises ure to be dispensed with. CAPTAIN MUKPHY'S TRIAL, The trial of Captain Murphy, of the Twenty-first Precinct, was yesterday begun betore the Police Com- missioners, Two charges wero made against him, Ono preferred by Messrs. Colgate and Comstock, of the Society for the suppression of Vico, the otber by Superintendent Walling. The latter first came up for consideration. It specified that two warrants bad been issued by a police justice for the suppression of two houses of prostitution located in the Twenty-tirst pre- cinet and that Captain Murphy wg any action against them in one case for a week and in the other for ten days, Counsel for the defendant admitted these allegutions, bur stated that | he had acted under the instructions of the magistrate Who issued (he Warrants, and so was exonerated from | all blame, To substantiate this, Police Justice Bixby was called to the stand and testified that he issued tho warrants to Captain Murphy. but directed him to act upon them only when be was sure of securing enough evidence to convict the proprietors, Captain Murphy stated that as this could be done only when the houses were filled with people he waited until | such a moment and then made a descent upon thom. It was found, too, that this moue of proceuure resulted in the breaking up of one of the houses, and the other isto bo clesed atonce, This charge against the Captuin ‘Was disinissed, The evidence of Messrs, Coigate and Comstock was then taken. They charge Captain Murphy with tole. | Tating im bis precinct immodest performances in a | place of amusement known as Egyptian Hall, and they | havo summoned witnesses to slow that thowe exhioi« | tions are vulgar and indecent, and that the Excise law | is violated nightly in the place, Tbo cage was then ad- | Journed till Monday next. A CARDINAL BLUNDER. Mr, Kosciusko H, Koselowski, reporter of the Brooklyn Freie Presse, Was sent to the Flatbush Luna- tic Asylum a fow days ago to report the proceedings before the Supervisors’ Committee of Tnvestigation at that institution. As the committee was not in ses. | sion, Koselowski telegraphed to the Brooklyn Police Central Office, saying that he could not be back in time for the paper. The announcement was tele- graphed {rom the Central Office to the Second pre- ciuct station, Where i Was given to a policeman, who was told to cali at the Presse office, on Myrtle avenue, and notify them, The oiflcer, nov catching the words of his meatructions correctly, hustened to the oflice, whore he made the startling statemont be bad been told to inform tho paper that Cardinal McCloskey had just been brougit to the ianatic asyinm. The result was thata despatch was printed im the DPreaee, purporting to come trom Flatbush, giving the absurd information, RAPID TRANSIT. The Measures Aimed to De- feat It. A BRIEF BILL TO SAVE IT. An Argument Before the Legislative Railroad Committee. ALBary, March 31, 1877. There can be no fair show for rapid transit in York city until a check 1s put upon the facility with which a certata set of obliging judges grant injunctions to every Tom, Dick and Harry that makes the applica_ tion, Of course everybody 16 aware shat horse car railroad’companies are at the bottom of two-thiras of these applications, and the over zeal of one or two Judges to carry out thetr wishes le by no mens aboye suspicion, The people, not many years ago, rising in their majesty, threw off the incubus of the Tammany Ring, and sent several Tammany judges to wander dis. graced and branded about the world, and they are quite able to rid themselves, if they mean to, of the outra- geous street railroad combinations and their obliging friends upon the Beach who stand in the path et rapid transit, Year alter year the agents of the Third ave- nue and other roads have infested Albany on the look out and ,with the purpose to defeat any measure designed to forward rapid tronsit. As already stated in the Henan, they have this year concluded to raiso such a sum of money as they think will buy over all opposition and puta quietus on rapid trausit for all Une to come, Thoir agonta in the Legislaturo have introduced bills aimed as a death blow to rapid trausit, and they appear to fecl confident that they can suc: ceed, Provision bas been made io watch the opera: tions of these enemies of the peoplo’s intercst, and it will not be so very dificult to yacnte tno charter otf apy street car railroad in New York that may bo proved to have contributed money to influence legisla, tion. NO ACTION BY THE COMMITTER. Novo of the Dilis affecting rapid transit, one way or the other, has as yet been reported, . There is nothing, ; however, very suspicious tn that fact, because the committee resolved to give the fullest hearing to both sides of the question as long as a hearing was desired or demanded. The ultimate action of the committee it is impossible to determine, Human nature has changed nono sinco an adverse report was given on | “ Kilhian’s No seat, 00 fare” Dill, and it needs no ghost come {rom the grave to tell us what brought about that result, The bill wnich tho friesds of rapid transit hope to seo passed is short and concise, It covers the whole of, and a little more than, the ground covered by the Ecclesine and Selkreg bilis, and is as follows : AX Act to regulate the granting of Injunctions in cortain ‘eople of the § ate of New York, represented in And Assombl do enact us follow: ny ‘ailroud company, organized ¥ special or general luw of thin suite, shall be en- constructing or operating apy railroad, colorably, nd in pursuance of auy law of this state, no in) Ibe granted by any court’ or judge thereof to strain such construction or operation, upon any allegod ground of the invalidity of such law or the iliexality of su structure of operation, antil a full trial or hearing has b first had upon notiee: for wntexs the plaintiff aball undertaking, with two sufficient suretls, to be approved by the court or judge, in the penalty ot not less than $10,000, to pay all damages which the detondant may sustain byte: son of such Injunction: nor, in ease of a provisional injune- tlon, ntter hearing and before trial or the final determination Of the ease, shall such injunction be issued if the defendant shall file alike security in the like amount as required of the plaintiff, to be appeared in the same manner, condi- tioned to pay to the pluntif’ all such damages as he may recovor in the action, if the Injunction prayed for shall be finally awarded therein. > ‘This net shall not apply to netions brought by the ¥ General in bohalf of the people of this State, ‘This act shail take effect Immediately. A MOUNTAIN: OF ONSTRUCTION, The bill which the (riends of rapid transit hope to see take a northwest passage to everlasting oblivion is that introduced by Dr. Isaact., Hayes. lt provides that no person or corporation shall be allowed to butid, construct, operate or uso any clevated railroad upon, along, above, through, over or across any public street, road, avenue, highway or public placo in any of the cities, towns or villages of this State, except upon previous payment of compensation, to be ascertained und determined in the manner provided ip this. act, to tho owners of and to all persons interested as mort- gn gens, lessees or otherwise 1n any property, real or | personal, which may be injuriousiy affected by any such elevated ratiroud, or by the use or operation thereot, The second section provides that whenever the construction, matntenance, operation or use of any elevated rairoad shail depreciate the value or other- wise \njurionsly affect any land, building or other yon real or personal, on or along the route of avy such elevated railroad or in tts vicinity, the owner of owners o!, and all persons interested as imort- gugees, lessees or otherwise, in any such property, the value, use or enjoyment of which may be injurie ously atlected by the construction or operation of uny such cievated ratiroud, sball be entitled 10 maimtain an action or actions in any of tho courts of the courts of record in this State to recover therein damages there- for wgainst the corporation or company, person or persons engaged 10 the constraction, maintenance, operation oF uxe of apy such elevated rauruad; and all such actions shall be tried by or before a jury, and not otherwise. 1u every such action the jury shall give such damages to the plaintifls or parties commencing the action as the jury shali deem to be a fair and just “compensation to them for the injuries, past, present and und consequential, sustained or Mubie, to be saflered by thom respecuvely by roason of ihe construction, maintenance, operation or use of any *such etevated Tailroad; aud atter trial and verdict rendered jadgme: shall be ‘perfected in hke manner, as in uther acti tried by jury, and such judgment shall be paid in full before any such elevatea railroad shall be allowed to be constructed, run, operated or continued in use ‘The third and lat section provides that whepever the consiruction of any proposed clevated railroad shali bo begun, any person, or corporation, whose property, real or personal, corporate or incorporated, 1s likely to be injured or depreciated by the construction, maintenance, operation or use of any such pro- posed elevated road, any and every — porson Interested theron ax mortgigee, lessee or otherwise, sball bo entitled, on commencing any action for ro- covery of damages or compensation to au injunetion which shalt be granted by any judge of tbe court in which 81 action shall be commenced, to restrain and prohibit the further construction’of such elevated rail. Toad uutil such compensation shall bave been ascer- tained and paid us provided by this act, ANOTHER OBSTRUCTIVE BILL. ‘The obstructive btil of Senator Bixvy’s 1310 one secs tion, abd reads that **no right of way granted ander or by Virtue of any act of the Legislature of the St New York, passed five years or more prior tw the pass. age of this net, to any person or incorporation for rail- road of horse railroad purposes, which right has not already Been exercized by occupancy and use, sbull hercatter bo exercised, and where such rigit has been exercised by Occupancy and use, not wholly, but in part, te part not already exorcised shall pot hereafter be exercised.’ Here it will be seen that if such a bill became Inw the Gilvert Elevated road could never proceed beyoud where it now stands, would huve to stop w going along to Harlem, ARGUMENT OF MR. ‘CRU The remarks made before the Gomumittee on Kail- rouds by Mr, Simeon E. Church on the necessity of rapid transit and the vature of the bill intreduced to more tuily promote and secure it are ciear.and forcivle. Me said the bill js tutended to put an end to ovsituctiva injunctions —- But, while tt recognizes and asserts the rights of the public and of these corporavious who are seeking to serve them, ft denies In no particular the Tights ol the humbiest property owner or citizen. It proceeds upon the theory that when the Legislature passes ap act almost unatimously, ae it did this, aud it is signed by the Governor, then something should bo presumed jn favor of the validity and usefulness of that act, at least until there is something adduced to aseatl it. And when a great public interest is depenucat upon the act aud capitalists invited by it and relying upon the good taith of its provisions have invested millions of dollars under it, in the bone Jide attompt to serve the Great public interest which the act was intended to promote, it is submitied tbat enough presumpuon should go with it to protect it, and those acting under ML ogaimet the assaults of ineu who, acung under the selfish of motives, are ready to stop It by techni- al appliances at every step of Its progress, Thus ow York Elevated Railway Company was enjoined prity upon & petty bond of $1,000, and atler six months? litigation and a dainage of more than $20,000, the injunction was dissolved and the company permit- ted to resume its work, Again it was enjoined by one Spader, and alter a nine moaths’ thraldom and equal resulting loss has been again released, Still anowler Ibjunction remains undetermined, and, though it re- lates to only a single building, yet it strikes out one link iu the chain which renders the whole chain imel- fectual, And when (his injuoction shall be fivally dis- solved, as It will be, a seore of others will be ready to rise Up In their order to take it# piace. Thus while these selfish imterests are to be gratified jo this form, and by these means, and by the aid of the Court of Common Hens of the city of New York, tho one forum which seems to be resorted to for this Work (lor the Supreme Court grants no tnjauetions of this kind), a milion people mnst suffer aud wait, a thone saud laborers must be thrown out of employment, Mtahsts must ve suffered to become disheartened and discouraged, and the roads, ff built at all, must be postponed to the dim future, and wade through a sea, of litigation which costs a# much as the cost of con- struction itseit and which the people must pay for in high rates of fare for years wo come. This most monstrous and shocking abnse it 1s pro- posed to remedy by this bili, AS | said, it Invades and lakes away no inan's Fights Lt doos not prevent any man from suing these companies for damages or for an injunction ay mach and ag oiten as he chooses Bat it bustpones the granting of the ipjuncuen uot after his Fifly-uinth street, in place of CH. rospective, actual | oot | and the Greenwich Elevated | yesterday afternoon at the office on Water street, Brook. | ing last summer ond fali, tho water did not rise above | Water now, he says, goes above the second stury in | it has beon finally heard or tried, nor does it do ie without providing the amplest indewauity in a bond of $10,000 to pay all damages it the imjunction is finally made. 15 ] said, it presumes that the law is constitu- tional, and the acts of the companies ander it are law- ful wntil the contrary is adjudged, instead of starting off with the presumption that everything 1s uniawtul OF unconstitutional until that 18 otherwise adjudged, And is aot this the dictate of reason, aud of justice and far desling, and when tho Interests of a whole poople are iuvoived 18 1t not the dictate of absolute right * Jt 46 the theory of ail our Jaw that no @ Judgment against another uni it entitied to it, That is also the theory of this It interposes no obstacle whatever in the way of auy person, or any number of persons, trom going mto any court, when, and as often as they please, to obtain damages tor any injury, or redress for any wrong which they think they have sustained; but, as iy all ober suits, it insists that they shali frst estab. ish their ‘right to the judgment get it--im other words, that they themsely titled to an injunction betoro it i@ awar’ed to them, If they want # prelimiuary | injunction let them give adequate security for it; if they are not willing to give tho Keourity lot them wait untiithe end of the suit, aud sec whether they are entitled to the tnjunction at all. If they are they | will then get the injunction without any security at all; i they are not they will be saved from whe dam- ages to Which their preliminary injunction would ex- pose them; while they are amply protected against any temporary injury pending the suit by the bond provided or in the ‘bil ‘Thus, ‘while everybody 18 protected, the work will go on, aud the people will, tn Lary reasonable time, havo their long sought for Fapi¢ jt. This is In no sense a controversy between the: Property owners aud these railroad compan: his & controversy between these few property owners and the peopic of New York—not of the city of New York, but the people of the whole State, For it is a controversy a8 to whother the people of this State shail have the right to use their own sireets for their own purposes, or whether they have realiy Jost their sovereignty over them and they are surren- dered to the dominion of private property owners or horse car interests, We have heard much here about invading the rights of these property owners and seizing their property Without conipensation, Sir, 1648 high Lime a popular delusion which seems to exist in some quarters on that subject should bo exploded = The atresia in New York do not belong to {ho proyerty owners upon them in auy senge what. over, They do noteven belong tothe city of New York; they beiong to the people of the Suite of New j York; and no owner of property tronting upon them | hasany moro right or toterest in thom, based upon | such ownership, than bas the humblest cit:zon in tue remotest corner of the State. They re the property ot the whole peopio, in which ali rghis are common and all are equal When the people of the yy State, therefore, solomu enactment = of their Legislature determine how they wall use their Streets in the attainment of the purposes for whieh they were acquired, it is an act of their own soy. ereiguty, over their own property, aud from which there is no appeal. Tho law should, indeed, be tender of tho interests of adjoming property owners when determining 116 own uses of its own property, aud L havo pointed out how careful this rapid transit act was im that respect; but when such determmation has been made’ it 18 a deeree of sovereignty in obedience to the public weal, and wo which all good citizens must bow. It may, pos- ibly, be, that in some peculiar instance of such ¢ wv of power some private property must suller, therefore, depreciation; but 18 not that the common } incident of all property? Oxe oan builds a brown | stone trout on bis lot, thinking to commence a first | Class norghborhvod, and nis neighbor butids a tactory | Dext to lim, ‘The brown stone front is injured, but must tho neighbor be “enjoimed’? jor that reason against occupying his ownf And if a private citizen may uot be enjoined [rom uccupying bis vwn property ag he shall deem best, xball the whole people be shut out from their own streets and forbidden their use atall, or only as the adjoining owners may dictate? BROOKLYN RAPID TRANSIT, Rapid transit between the city of Brooklyn and East Now York and Long Island is now secure. Yesterday morning about forty laborers began ploughing up the roudway besido tho northerly track of the Atlantic Avenue Railroad Company, where the new line of rail- way is to be laid loading to Flatbush avenue, Brook- ly: The number of Jaborers will be tncreased in & Jow days, as the company is determined upon utilizing every moment of time jn order to have their steam cars running early in May, Filteea bun- dred tons of rails ure now in readiness for the use of the road. An iron fence 18 to enciose the tracks tn the city mits in order to insure safety to podestrians, Gates will be erected at each intersecting street, Which will be closed When the cars are passing. The total Gost of (he road will be over $300,000. A potition trom the stockholders of the New York, Brooklyn and Seashore Kasiroad was read at the Board of Aldermneu yesterday, asking tor permission to uso steain on their ling, which is now Tun asa horse cur road und operates over North Second street and Met- ropolitan avenue, Eastern District, trom tbe Kast River to the city line. aAiter some debate the petition ‘Was relerred to the Committee on Railroads, Alderman Donovan presented a report from the Special committe in relation to the application of the New York and Manbattan Beach Railroad Company, Telusing to grant their petivion to operate their road through certain streets in Brooklyu, Greenpoint and other places, ‘The petition was referred to the Raile road Committee in connection with tho Aldermen of the wards interested. THE BROOKLYN BRIDGE. MEETING OF THE BOARD OF DIRECTORS--GUARD- ING AGAINST FIRE—NEW CONTRACTS—INTER- ESTING FIGURES FOR TAXPAYERS. ‘The regular monthly meoting of the Board ot Trus- tees of the Now York and Brooklyn Bridge was held lyn, The President stated that ata meeting ot the Executive Committee the question of reducing the point of distance between roofs of hourcs jying bewweon the anchorages and the towers had been considered, It bad been determined that the roofs should be cut down to @point fiity feet below the roadway. The | contract for cutting down the roofs and construchiog fire proot roofs was awarded to William H. Hozaard in | the sum of $17,000. There are fourteen buildings to be altered in this mauner in order to insure safety to tho | roadway of the bridge, The action of the committee way approve | Mr. Murphy also stated that the appraisers had | valued the lands between Cult and Vandewator sirects and that the officers hud agreed with tue owners of tho | Jand besween those streets and between Peart and Chill aud the anchorage, New York; also beiween tie | anchorage and Main street, Brookiyn, at the valuation Mado by the apprawers, but they were unable to | agree With other owners Wituin the district. Permis- sion Was given the President to make application to the courts for the sppuintment of commissioners to appraive tho value of landa required for tho Uridge ap- proachen, Upon the recommendation of Engineer C. C. Murtin @ contract was catered into with the Brady Manulac- | turing Company, of Plymouth sireet, Brooklyn, tor | making 120,000 Couplings tor the br. cabies. The material 1810 Le Jurbished the contractor, who 19 to Manuiacture the coupiings required at ihe cost of four cents apiec A contract Was awarded to Messrs. MeLecs & Co., of ‘Tweillth and West sirects, New York, lor wanutactur- Ing 149 tong Of galvanized anchor burs, for the lust se- ries of bars, lor the bridge, ‘The cost 1s to be one cent | per pound, | ihe Treasurer's statement that the grand towl ri Tho expenditures soot $7,129,002 1, On bh ing Havilities are # up nd, p18 H0h 10, proved, and, there being noting more offered for con- sideration, the meeting adjourned, enormous 10 84. ‘The reports were ap- - SUPPLY. A cerrespondent of the Henato's Complaint Book said yesterday that Chief Engineer Campbell, of the Croton Bepartmont, resides in a disirict “where, dure | or even as high as the kitchen floors, and now not higher than the second story, even wt night.” In ree ply to this assertion Mr. Campbell said yesterday to a | Henan reporter that if the people themseivos in this | district and im districts further up town would guard agwinst waste in their own houses this state of aftairs | failed to become reconciled over the dinners and wine, ‘NEW YORK HKRALD, TUESDAY, APRIL 3, 1877—TRIPLE ‘SHEET. “MOBILE AND OHIO.” Who Can Convey a Valid Title on Foreclosure Under Its Sterling Mortgage? STATE VS, FEDERAL JURISDICTION, Thirteen Millions at Stake—Curious War Reminiscences. There is now pending in the Equity Term of the Court of Common Pleas the suit of William H. Hays and others against Morris Ketchum, To make the ob- Ject of this suit intelngibi brief outline of the pro- ceedings which gave rise to itbecomes necessary, and iv many respects these proceedings uro as interesting a» they are important, In February, 1845, the Movile and Ohio Railroad Company was incorporated by acts passed almost simultaneously by the legislatures of the States of Alabama, Tennessee and Kentucky, its Itne of road being intended to pags througn all those States, In iho year 1863, tor the purpose of complet- ing and equipping tho rond, the company placed on the market a loan of $6,000,000, to represent which they issued 6,000 bonds tor tho sum of £225 each, payablo tn thirty years from their date, with 1ntercst coupons attached payable semi-annually, each coupon being for £6 158, To secure tho payment of these bonds and coupons tho company ex- ecuted a first mortgage on tts prop. erty, of which mortgage Messrs, Morris Ketchum, Jobu J, Palmer and William R. Hallet were mado trusteos. These parties accepted the trust aud there- Upon became the mortgagees of the property in trust for the holders of the bonds, J. Paliner and William Ry Mallett died, leaving their cor trustee, Mr. Morris Ketchum, sole trustee, A largo portion of the property of the company consisted of Jands situated in tho threo States through which the road ran, and ip 1860 Mr. Millon Brown, then pre: dent of the company, wrote to Mr, Ketchum express- ing dissativiaction with the latter’s interprotation of the deed of trust as to his powers thoreander to dis- pose of the company's lands and apply the proceeds to the formation of a sinking tund for the security of the bondholders, This was about the time the “slight misunderstanding’? between the was Fapidly approaching an trreconctlable stage and from the tenor of | Presigent Brown's Jetter he evidently dcomed it a question of vital im- portance whether the agent in charge of tho ‘lund do- partmeat” should have bis “seat of power” at Mobilo or at New York, By the terms of the decd of trust Mr. Ketobum had the right to nominate to the Board ot Directors tho successors to his dead cotrustees. According to the tenor of the correspoudence of Prosi- dent Brown at that time Mr, Ketchum was in favor of the appointmont of a Mr. Walsh and himself, but some question as to the compensation of the trustees arose, and on this, a8 well as on tho question of the right of the company to sell lands in the city of Mobile withcut the interveation of Mr, Ketchum as trastee, they seem to bave split, Mr. Brown also accused Mr, Ketebum of thwarting the company in some measures which its offleers deemed of importance to succoss, and loaving them to “struggle on without bis aid or comfort.” THK DINING AND WINING DODGE, On these points Brown expresses himself ina sort of stage whisper In a tctter (rom New York to a friend under date of July 21, 1860, in the following strain; — “Your despatch inet me on my arrival hereon the 18th, but the papers reierred to have not yet arrived; but Mr. Ketchum has read me his copy, und we have had two long Interviews on the subject, besides dining together at his house, His first effeet was an appeal to my fears as to the consequences if t did not agreo forthwith to fix his salary and pay up trom the signing of the mortgage until now, This failed. Ho then changed his attack by making i¢ an appeal to my vanity. He praisea my firmnoss, my absiity and my great success, He said that from tho tinte of my elec tio he knew the enterprise would succeed; that no man bad built up such a reputation as I bud, and con- cluded by inviting me to dine with hitn, saying that ne had no doubt we could arrange all our dillerences ‘salisfactority, and, with a warin and contain; 1 the hand, wo parted to méet next day, We m cordingly, and be exan 10 hope that vy his appeals to my stomach, through his digner and wine, and to ny vanity, by his spevches, be had me ina good condinon, and if te could also get my avarice onlisted by the hope of Salary as trustee, that he and 1, acting togetne: ‘could make a good thing out of it,’ ag tbe Yank: say when they are about to do a smart thing by cheat ing somebody.” From what followed it is evident that the conilioting ideas of Messrs, Ketchum and Brown ih. and that the former's uominations of partics to act his cotrustees wero not acceptable to the munagers at Mobiie, the latter insisting that those nominated inust be reaidents of Mobile or on the line of tue road tn some one of the Southern States throug whieh it passed, EVPRCTS OV THE LITTLE UNPLEASANTNKSS. In January, 1862, while Generals McCiellan and Lee Wore organizing und mobilizing their respective arm when both sections bad drawn a military cordon arounu their r boriers and between the AS IMpassabic for ordinary business and current uews as that between the dwelling places of Lazarus aud | Dives was to the respective dweilera, the Soutbera pany commenced a suit betore | managers of the ¢ Chancelior Cocke, in the Chancery Court of the of Alabama, to eject Mr. Keichum from his position of surviving trustee aud appoint three others in his Toom and that of his two Gead associates. The pro: coodings for this purpose were had in the city of Mobile, whilo Mr. Ketchum was a resident of New York, and it being somewhat mconvenr existing circumsiances to give him a personal notice they gave him stututory notice. A FARCICAL NOTIFICATION, aking into consideration tho then state of actual war between the sections ant the impossibility of business communication between their respective residents, the following formni judicia: notice may be considered by some as bordoring ou the farcical : that the defendant, Morris tee. is of mature age, and that ve resides state ol Altai + wit, in the © of New York, in the U rod that he answer o order be pale vo weeksin the Mobile Attest? JOUN M. TAYLOR, Register. That Mr. Ketchum did not receive regularly the Mobile Daily Tribune, and did pot read the notice of the proceedings posted up at the court house door ot Mobile county, was, of course, uis own fault, be being a loyal resident of New York; having neglected to answer or demur to the com} within the twenty days specified, a decree pro contesso was ontered against him on the 20th of March, 1853, a8 follows: — thi cause compli tice of pn Morris by their th ralylish Mobil the city. paper printed and hat a copy thereot wan p at the vir of Mobile county, all within days of the date ot this order ot publication: wud it apy ing that snid defendant has tai Appear and plead. er or demir to the al of the mil of this canse, it is ordered, that the allegations of th taken ax confessed against hint. ; Attest JOUN M. TAY! OR, sfogister, DECLARED AN ALIEN EXEMY, In the complaint the substance of the charges against Mr. Ketchum was that he was retarding aod embare rassing the Southern managers of the company in the salo of lands, and was an alien enemy. On these points the decree of reference. which followed immediately on the heels of the decree pro contesso, says:— ‘The object of the bill is to appoint trustees ander a cectain would HOL exist, AN inspection fr the week ending March 27 of 87th and Lzsih streets, from Seventh ave- | hue east, showed the Jollowing toful extibi Houses examined ; found with leaky pipes and ing Water, 133; number of leaky inucets, 21%; wasting and leaky water ciusets, 27; hydrants leakiug, | 4; wasting, 1, und number of pipes burst, 4. | The city reservoirs, hw added, hve a capacity of | about 1,250,000,000 gallons, in the dry timo the water | ran down us low in them as 450,000,000 gallons. The aqueduct has a carrying capacity of aboat 95,000,000 gallons daily, while the danny consumption, at a average, 18 between $0,000,000 and 90,000,000 gallons, ‘There ix cortainly no dearth of wator in the reservoirs how, 60 there need be ho scarcity if waste 1s proveuted and guurded agaiust in the private houses up town, the diserict in which he resides, MILITIA DISCIPLINE. The complaint of “A Victim” to printed in the Hukany yesterday, General Shaler says | 1s only one of agreat many made by persons who thoughtiessly join regiments without considering the obligations that belong to. membership in the Nationat Guard, Courts marualare by the law made judges of what sball be safficient excuse for absence trom pa- | rades, drills, &e, If a member of a company feels the | decision of (he court martial to be untair he may appeal to his captain, aad from his decision, if adverse, to the colovel, then to the brigade or division commander, und 80 On to the Governor of the State. Young men, bo says, Who wish to sport unilorins should consider these things betore enlisting. REGIMENTAL RECEPTION. Tho Eleventh regiment, Colonel Fred Unbekant, gave @reception al their armory list evening, which wat | Coutederate St | charges, expenses, costs and other forms of claim | on the roud. deed ot test exhibited by the compiainunt, of the date of Ist of Nov er ISON, a copyet whieh ts attached to the Hin place of Wisin K. Hallett ond Joho J. Palmer, who dend, and also to remove the surviving trusiee, Mortis Keten for bron sot duty as trustee, and also ause he is au alien enemy, and incompetent to net. ‘The FLAK sutistiod ot the death of sald Palmer and Hallett, and ot the fwct that «nid n isan allen enemy: it is ered, udjudged reed that suid het ny ed from ‘his suit Censteeship, and thether, that the the Dill for the appoincment of t in place of suid Ketehain, Hatiett and almor be gra CHANGK IN THE TRUSTRESMIP. in pursuance of this decree, Charles Walsh, George H. Young and Alexander Jackson, “all enttzens of the appointed trustees, In April, 1875, these Confederate trustees resigned their offices, and William butler Dancan and Andrew Foster Elhott came iu as their successors In May, 1875, Duncan and Elliott as such trustees commenced'a suit to foreclose the mortgage, in such suit obtained possession of the road. On tho 6th of March, 1876, Judgo Wood, of the Cirouit Court o: the United States od. | for the Soutuern District of Alabama, made an order in the cae appointing & specinl master to examine the deed of trust, ascertain the elaims on the property, aud to report on the allowances to bo made to thie trustees for their services and the allowances for et of forth im the deed of trust or arising in the cour: the cause, SUIT POR FORECLOSURE, Aboat the 14h of the same montn in whieh the fore- going order was made W. Ketchum commenced a suit 1m the seme court to foreclose the Sterling mortgage In this sait un interivcatory motion was made belore Judge Wood lor the appoint ment of a recoiver therein and incidentally Involving the question as to the regularity of the proceedings in the Alabarna Court of Chancery, whereby Mr. Ketonam was declired ousted from bis position as trustee, On the lUth of June following Jadge Wood rendered his decision, holding im suostance that by long ac- | qniescence in the decision of the Alabama Court of | Chancery Mr, Ketenum must be deemed to bave as- largoly attended by the intends of the regiment and metavers of the National Guard generally, rented thereto; that he bad forfeited his right to dtsre- gard of contest sho same, and was no longer States | was a gull | nt under then | Late his dmnor and drank bis wine, | | iusisting tht Jn January, 1860, John | | jeter, t have @ trnsteo under ti deed of trust. Subs sequentiy the main issue camo *P, argae ment iy the same court on demurrer, Judge Brace, then holding Cirouit, and that Judge hae re- cently rendered au opinion, the substance of which hag already appeared in the Henato, to the effect that the decree of the Court of Chancery of the State of Ala bana Was void as to Mr. Ketchum; that the iatter waa under bo obligation chef apy regard to it, and had not bese guilty of laches im seeking establish be rights as trustee in by 4 thereto; that manifestly this deeree was the Ws and source Of the alleged Tights as trustees of Dancan and Elliot, not acts or admissions of Mr, Ketchum, tur he was thea tivs: dn (he State of New York, and without the opportuanit: or right of intercourse with the partios; that the most that could be said Was that the silence of Mr, Ketchum may have imereased the conlidence of Duuean and Eihottin their position, but that mere silence uades such cireumstances could ope! to divest the title t¢ @ trust estace ix, to his mind, ble, MATCHING UP AN AGRKEMENT. In Octoder, 1876, while (he loregoing suits were pending, 4 “memorandum oi agreement and transfer,” Purporting to be an agreement between the company and its creditors who sent theretv, the wltie mate object of which wi op the foreclosure suit by the making of @ new first mortuage tw take tha place of the existing frat and second mortgages, cov. ering the whole indebie 0! the road, the bonus secured therevy to be payaole in gold coin on or betore tho Ist of December, 1927, was drawn up, and Willian H, Hays, of the ény w York; Witham =, Pierson, of Windsor, in the State of Conneetiout, and T. am kins Du Puy, of Philadelphia, were named therein aa assignees in trust, agents und managers of the partict thereto who ave creditors of the company. Sutstan- tally this “memorandum of agreement and traaster’? provided that the first mortgage bondholders assentin thereto should exchange every $1,000 bond hel for now first mortgage bond fo accept & subordinate bund for the balance, Hays and his assovintes now claim that & majority of stockbulders have assented to this “inemorandum,” and that under its provisions he and his associates are authorized to act for them in buying ip the road, and they do not want to bave nullified and undone ali that bas been dono tn the for closure suit brought by Duncan and Elliott, or tave delayed the decree of foreciosure and “coliection of the amounts secured by the mortgage,” DECLAKATION OF Wak, Immediately upoo the rendition of Judge Braco’s jon in favor of Mr. Ketchum a diversity of opin between Hays and bis associates and Mr. Ketcham arose as to (ho eflect of that decision, Mr, Ketchum it made bim «ole trustee, and his oppo- bents insisting that tt wes not fiual and stmt Judge Wood's previous decision the opposite Way was 10 force, On these points the respective partis declared, their views in @ correspondence as loliows :— NEW TO THE OLD, New Youx, Feb, 13, 1877. Monnts Kee nin We ticks ax follows fier Willian Haskins Du ms againat th mpany tothe aggregate amount cluding first mortgage ebal othe amount ed, Alexander and hold you y joss, delay or indirectly, wad any attempt ‘to remove fi present receivers or either of them. Gy kt you hay mny personal or representative claim to assert againat the proporty wo conceive it Improper for you to do morn than apply to de made a defendant in the suit now pend favor of Du MOU ws trustees, and that it iy per for yo Ww proceedings by ® new si we conceive itinlse to oe your duty, If you persist i suits instituted by you, to “do so without prejudico to proof nirendy taken in the ‘sults previously bezun, and to nssor ciate us With you ws plaintils, oF otherwise voluutarily ture nish ws with ant opportunity te appear in tho suite and ase sort our rizhts and ¢ mtest your ciaims; and we request and demand that you de xo. We are propared to enforee against W personally our views, requests und demands by propor Kua procoodings, unless they are prompuy compiled with, ‘Yours, traly, W. He HAYS. W. 5. PLE SON, T. MASKING DU PUY. ALEXANDER DUNCAN, LEAVING IT WITH THE COURTS, New York, Feb. 14, 1877, Gextixwex—Yonr communication of this date ts received, (1) Tam happy that your letter udmits so fully the pros priety of Mi durtise Bruce's decision in consituting ma of the first wortgate of the Mobile wad ‘d Company. (2) Under the decisions of the su- re of the United States | propose to act under the ot the court in which Ihave brought my bill of said rallrond company ax the trustee or the deed of trast of whieh T have bern deciared thy sole trustee, (4) Lm tut liberty to take the approval of any nui the holders of the bonds secured by the deed of trust no le to me, but in ordor bo secure Myselt harmies from your holding mo porsonaily responsible, L awalt the nction-ot the court to whieh I have applied tur instructions, which, being a conrt ol the United States, | believe ent Jurisdiction. (4) L shail not ny uttempe remove or displace the or of them. My reasons to that the Court’ having take perty is the proper tribunal t 8 WO1l as avery othor on whieh T ) An to thn third yp Instructs complaint againat th that quest instraeti “pay wai ings in every woh A way bikat the purelase ly your Jou! proceedings, anie "1 have to refer yeu w au old doctrine ¥. many tines, that “trustees may always arty of equity and wsk their instructions.” As mets of the United states have found that fam a 1p to do procisely what the court sitting iq wil instenct me to de. Yours, truly, MuRuIs KETCHUM, TUK COURT THE FINAL ARBITER, Other letters foliowed trom Hays aud his associates, the principar point of which 18 a denral that Judge Bruce's decision went to the extent of declaring Mr, Ketchum’ to be sole surviving trustee; algo an oflor t¢ Mr, Ketehom of commissions if he will come into'thelt suit, Ip pursdange of (heir intention to entorce their views judicially, expressed in their letter, Hays and his asgoctates commonced the suit now pending m tbe Court of Common Pieas in (his city. Ln therr complaint they set forth at Jarge all tne proceedings and docu. meiits trom whieh the foregoing history of the case 18 derived, except the decision of Judge Pace tn iavorot Mr. Ketchum, They charge that tne latter 18 prose. out bis sult from personal motives; that Bis acts delay the foreclosure suit of Duncan aud Elliott, und consequeutiy delay payment of the clatms represented by the plaintiffs; tha: Ketchura’s place of business ts in New York and bis residevce iu Connecticut; that he is of advanced age and physically incapable’ of oxe- culing the duties of trustee; that ior many years te has not been ia the Stato of Alabama, and jor many years hes failed to perform tn duties of trusteo; that he is impeaching the title of Alexander Duncan to a claim of $700,000 against tue company, ti equity | Without giving bim an opportunity to defend, and that he his omitted to make plaintifis in this suit his co- piaintifls in bis suit, They conclude by asking tho Court to declare that he bas resigoed and avaudoned his trusteesbip, und that bia place t# Vacant, and that he be restrained from prosecuting hia present suit or any foreclosure suit, If the Court cannot tnd that Mr. Ketenam has resigned, then plrintifs want it to find that he bas violaved bis duty, and on that grouud put him out. They want also $500,000 personal dam- Ages against him. To this compl interposed on behalf of the deieuaant, on the ground ihat the Court of Common Pleos, in which the suit tt brought, has no jurisdiction, and that plaintiffs have no right to sue. The trial of tho causo 18 set down for the second Wednesday of this month he whole amount of tne indebtedness of the corforation avd involved im the litigation {8 estimated at avout $14,000,000, HUMANITY OK OFFICLOUSNESS, ww Yor, April 2, 1877, To Tux Error or THe HeraLp:— In a short editorial to-day you aro pleased to pros dict, at no distant day, the repeal of the laws enacted for the protection of the brute creation, because @ person, unknown to and acting without the authority of this society, arrested a man lor compelling a dog te drag a heavy load, While it 18 evident that race ot aut. inals was not designed as beasts of burden, their em ployment ns such, unaccompanied by some conspicuous act of cruelty, has never been interfered with by thig society. The case to which I presume you allude was caretully investigaied by three mazisirates, who pronounced it an act of cruelty, and ay sucn the} were bound to enforce the which was done with commendabie lorbearance, This, | am sorry to Bee, FOrVes aga text for you to unjustly arraign the motives and actions of those who unsellishly and bu- mancly serve a cause Which t# based upon stincts of our nature; and you further their proveedings as ‘mere covers for all sorts of ty+ ranoical and offictous intermeddiing.”’ Than this nothing can be more unjust aad erroneous Ln the midst of a torribie civil war the representatives of the people of this State paused to deciare that crucity to tho inferior animals ts 4 crime, and enacted laws tor its prevention, and gave being and authority to this society to seo that those laws wero entoreed. 1 indulge tho behe! that this duty has been performed with firmness always mingled with lorvearavee, and that it bas thereby commended {tselt to the popular heart and judgment, sv that from an isolated and ill-appreciaued ‘aspiration, it bas become a yreat moral power, whose beneficent example has beou scknowledged aod adopted by thirty-three States of this Union, All this cer. tainly gows to disprove your prophecy as to the prob. ability whieh, permit me to believe, was hastil/ con. ceived, of the withdrawal of the powers necessary to the fulfilment of its civilizing mission, Yours, very truly, HENRY BERGH, President, THAT DESPERATE ERRAND BOY, Philip Trpjsi, alias “Troy, of No. 265 West Nine. teenth street; Leland J, Jones, a porter of No. 217 West Twenty-eighth street, and Aloxandor Roy, a driver, of No, 404 West Twenty-ainth street, were brought before the Jefferson Market Police Court yes- torday on a charge of robbery preterred by Mr. Thomas W. Gerrard, of No, 227 Kignth avenue, On theaight of Murch 23 two men entered Mr. Gerrard's store in Eighth avenue and bound and gagged hi errand boy, Vhilip Trojs, They assaulted at Gerrard ahd cut him over the head with the rung of a broken ety The particulars of the case were published in yest ‘s Issue, and young Trojst conforsed yesterday that he was in Teague with Jones and Roy to rob hisemployer. The gaggingand biud- ing were done with bis own consent, and he had ia conjuuction With the two tmentioned persons plann to rob Mr, Gerrard. Judge Ouserbourg hela J Roy and young Trojsi in $2,000 bail each to am Miss Catharine Donnelly made affidavit that she was @ housekeeper for Mr, Gerrurd, and she knew Trojsi very well, and when she asked him What the two men intended to do with his employer he answered in ie a dramate mawoor, “1 dun’s know, but dead mon wil no tales,’ L