The New York Herald Newspaper, October 16, 1878, Page 4

A POLITICAL PUZZLE. Is the Board of Aldermen of this City Unconstitutionally Elected? THE ATTORNEY GENEKAL Says If IS. What He Has to Suggest to Re- model the Situation. WHAT WILL CANDIDATES DO? ‘The issues at stake in the coming election are of @xtracramary iwportance in a local poiut of view. ‘The amount of patronage which the next Mayor will Dave exoites uncommon iuterest in the subject of the Gandiaacy for ihe position, The Mayoralty 1s cer- Veinly the great biage on which the situation turns, Aud next o that the Board of Aldermen comes 1n for Special attention, Should Mayor and Aldermen, or a majority of the jatter, be of the Tammany stripe, then Tawmany may consider herself entrenched within Impregnuble barriers for some years to come, @elying ber enemies and laughing them to seorn, Phe Mayor will have sixtceu first class appointments to make, and if he be a Tammany man be will ap- at those of bis own fold, aud Tammany and all er company will ride on tbe crest of the wave. Ifit anti-lammany Mayor aad Board ef Aidermes— ‘Bnd,such a coutingency is not improbable—the com- Xion of things willbe entirely changed. The re- ligans, should they lend a heiping band, will very bop be aliowed a ntvble at the ioaves and fishes und Wigwaw will go into mourning. Should the Mayor be Tammany and the Board of Alaermen be ually divided, or without a suilicieut number to con- firm the Mayor’s appointments, then @ deal-must be made of tho offices if things are to work smoothly, And vice versa, Unaer the circumstances it wili certaluly not help $0 simphity the present involved prospects of local Politica to learn that the highest iaw ollicer in the Biate declares the provision in the charter of 1873 re- Stricting the electors to voting for two only out of three Aldermen iv each Senatorial district is uneon- Bitational, This being so a test case is likely to be Made up in some way for the courts to decide, and, as Sgch matters bave preference over ull others, u de- Sigion might be reacued ina short time, In case of Beombination it woulu plainly be to the interest of the opposition to Tammany to disregard the re- Birictive provision im the charter and vote ™m the old time way, trusting to the courts to declare the jaw unconstitutional and all per- Sous claiming to be electea under 1t ineligible to Ojtice, But two cun piay as the vame game, aud tam- Many, in wlarw, might also aisregard he charter aud Uben it would be Hyp and tuck ali around, Tammany Must ceriwiniy bend ali her energies to save the Board of Aldermen, 1t 1s one of the very possibie things that the anii-Tammany candidate for Mayor muy bo elected, ard unless there is some break to put vn bim in the Boara he may sweep ive old mu- Ghige Out oF existence by Uliiog ali its sources of emolument and power with its enemies, THK VIKWS OF THM ATTORNKY GuxgraL. dn acvuversation whicu « tkKaLb reporter bad with the Atioruey Genera! the foliowing transpired Rxvoxrkx—Has avy persou cuilead upou you from this city iu relation to ihe present status of the Board Of Aldermen, lor the purpose of ascertaining whewwer OF not tue Bourd as ib 18 constituted 18 unconstitu- tonal? ATTORNKY GuNERAL—I feel very reluctant to say @pyuing thas muy affect party politics. I have made Mb & settied rule not to allow my ollice to ve used for Witical parposes in any manner. Your quesiion, or, Ws one tbat | have LO particular aversion to Buswer, as 1 1s informatioa | give from a sense @f venvicuon, 1 was called on during last winter by Juuge Waterbury and ulso by a Mr. Woll, of New rk, Who Was atiorney for Demarest, tnen claiming bis rght loa scatin ihe Bourd of Aldermen, Tuese geutlowens appiicu ior leave to bring suits to contest the validity of the election 01 the board of Alderwen. Bork cimiied (oat tue Board, as coustiated under the Charter 01 1873, was uncoustitutioual by reason of the Mwory represeptativn Uberein provided. ‘They Clamed thut thai provision reudered the whole 1- MiFuMeDt UucoUstituional Mr. Edward Ceoper, While the appicstion was under consideration, spoke 19 me on the subject, and | voderstecd him to be io favor Ol the pusition tuken by Judge Waterbury, AN UNCONSTITUTIONAL PROVISION. Rerortex—tiuve you looked iuto tue question and Dave you ivrmed avy opinion on the subject? Li so, would you be willing to give the opinion to we paulic? ATTVKNKY GkNeKaL—| examined the question sub- Mitted Wwe vy ube gentlemen named, and came wo the couciusion ihut the views of Judge Waverbury Were right 1u regurd to Lue restrtetion ou viection ui Aiderwen Letag usconstituuoual The first ection of Lue second urticie Of Lhe coustitution declares but every Male Laving the necossury qualification ail be euLitied Lo Vote tu tue election district of Web Le svail at tue time be a resident, aad uot eles ‘Where, ior ali oilicers tuat vow are or hereafter may be eivetive by tue peopic und upon all questions Which way vu suvmitied a vote ul the pegpie, lo My judgment this coustitutioual right cannes be Maken away by tue Legisia:ure. You must wmeud (he cousiitution velore such a law can Biaud. While tuere may ve wisdem and jusuce im it, abd MINOFities 1D sue Cases eed protection. 16 vould never eudure the twat of Judicial examination. Upon that question vt the constitutional right of the Citizen Lo Vote fur ali wieelive uillcers without resiric- tion | coincided with Judge Waterbury, but I could Ot agree With bim ou the other question sabmited tw bis application that the minority provision rendered the whole instrument uucoustitatioual | am of opinion tbat (he restrictive cluuse alone is uncoustitational, aud for that reason 18 a bullity and coostitutes no i1m- Deuimens Lo the right of tue cuuizeu to vote for an Uulimited number of candidates, TH LHGAL PROCKSS TO be PURSUED. Rerogrexn—io What maoner mignt the issue be faiseed vl the UDcoBsihuiuouailty o1 this prov! t Artousey Gaykual—i thik toe most immediate Way ix Jor thw people Lo vote dircetiy for three Alder- Men In @ach Senatorial district and for sx Aldermen at largo. That would be an exercise of (be rignts of tbe 1s Under Lhe Constituilon, aud Lhe persons having ost number of Votes vould t jain in tho ts that (hey bad been consticatiouully elected office. If the seats should be awardeu 10 the persous ny to be elected uuuer the charter o! 1573 thea sctians might be brought by those claiming to be Glected in the other Wanuer—tue coustitutioual way And the actions be laid ia the Suprowe Court NO COURT HAM YRT TOUCHED THK POINT. Repontsu—is it irue that the Court of Appeals has fevered « decison OG this matier adverse Ww your Hew of nf " ATrOuKNKY GkxRKAL—No, The Court of Appeals has Pevdered wo decision on this particular point. As far 61 aw aware ibe question bas BOs been Wwuched as yO by aby Court in ine State. There buve beck threo Gases before the Court of Appeals arising out of the Charter, ope o! them being tue suit Lor salary Drought Dy & canuidace who claimed to be elected Alderman uder the old system, und the decision went against him, Toe other cases were of au analogous characte Dus you see these do wot touch the vital point as to the Fight of the ciizen \o vote for whow be pleases, MINORITY KREPKLKSKN TATION IX TH COURT UF APPEALE. Rerourkn—\- ATTORNKY tion w. a Ameuued ia 150) Lo make ib 80, aud it wi tb Jared that wt ihe frst eiectioa of judges under the amended coustituuon every elector uigut Yule fur whe Ghiet Justice aod only four Jauges. A few ot the Legisiature creatiug iinority represe: tum cavoos buid water. MOT NECKSSAKY TO DELAY A DECTALO: RRPORTRR—Asouiuing (hat tue Aldermen are voted for Guder the od sysiom aud that 4 contestant clams @ seat and gots it under the provision of the charter directing tuat no Voter shall vove tor more than two persons lof Aldermen, would ne not have a great ad Vautege, as it would probunly take u year betore his @ligibilily eoula be decided by the courts? ATTOKNKY GeNekaL—Lu n cuse of that Kind the con- would ceriuiuly have ao advantage, armed the certificate of viection and holding possession office, but the determination of the question would not necessarily require a iwog tim oii pout under the charter is iu all the courts, 7 THe COURT OP APPRALS THINKS, bold (he Cburier courtitutioual as a Whole, ATTORNKY GkNKKAL— Ibe Machivery of government provideu lor vy the charter of 1373 I» constututio bad regular, aud is 69 Weld bY the Vourt of Appeals, DUt the restriction Oo the right of the lor ail the Aldermen is @ provision ensirely inde- pendent of the machinery of yoverument and of the | met ration. BHTTKR LEAVE THK MATTER TO THY LRGISLATORR. RAPOKTER—HOW 18 (Le UnCvUstitutionar part Lo be got rid of ATTORNEY GuxnaL—I think it would be better and Wiser tv leave (ue matter to the Legisiavure. It can yarter in toto, and tha’sau end of ite LAUSH DROLUKDLY UNOONSTITUTIONAL. KePORTEK—As a last Query, let me yuu onter- tain avy Gouvts whacever of the pusttion you assume 60 (his question, and if Your mind is made up a» to titutionaity vf (he restriction ou voung Pontaiped in tue cuarior? AtToRNeY Gexwnat—As 1 sart before, I do not fare to lave mysel put forward in this m but as you ask we the point Liank qu 1 think the priveipic uneonstitutiona: I oay d it Ms 80, DuCaUse LUere 18 DO Warrant Jor it 1a Lhe Gon* and 1 Wen are te Vote ou al) questions thoy ly wliowed to Vow for all oflivers us weik opinion of yours will ve ikely to Greate & cousiverabie « 6 Vine politicians, i Jauge Watervury, to whom you say you gavea Writes Opinion Geciariug ihe unconstituionality of She law, sees what you buve said ju the Healy tis # provided tor puiting (bat macuinery in ope. 4K— U0 Court Of Appesis, | suppose, would | 1 | Lore tu Yule | NEW YORK HERALD, WEDNESDAY, OCTOBER 16, 1878—TRIPLE SHEET. calculations, don’t you sDink, will be considerably upset? PATTORNEY GNERAI—I cannot Ja New York politics. They are bey respective 01 that, 1 bold to what { bave already said. 4 QUEER OUTLOOK. With these views of the Atiorney eral spread betore them the leaderso! the various local parties, 4s well as ihe hundred and one candidates for the twenty-two seats in the Board of Aldermen, will nave enough to cogitate over and dream about delore elvc- tion duy. But, aiter all, the Attorney General’ ws do not cover one point, aud that is, wether the in- speciors of election, under the law, would not be justified in throwing oat as defective all ballots for district Aldermen with three ames instesa «of so two, as the law provides pug Tammany ana the position should adopt the At torney General’s views and put three names on the aldermavic Uekets in each district, and the inspec- tors should throw out the balloss, the groat question arises, Would New York have any Board of Aldermen at all for the year 1879? 1! sven sbouid be the out- come of the puzzle the question raised by the Atior- pey General, in ine opi yn of many, Might be looked upon in the light of a blessing 10 disguise. GHOSTLY COUNSELLORS. COMMODORE VANDERLILT’s ‘FOOTSTEPS ON THE BORDERS OF ANOTHER WORLD"”—A CON- FAB WITH JIM FISK—SUGROGATE CALVIN DECIDES AN IMPORTANT POINT IN FAVOR OF THE DEFENCE. The proceedings in tho great will caso were con. tinued yesterday and were very entertaining, no less on account of tne testimony taken than because of a rather sharp passage between the Court and counsel for contestants, It was sworn to thatthe Commo- dore consulted Jim Fisk as to how he felt in the other world, and a maiden lady, who bas circamnavigated the world, spoke of the Commodore’s connection with Woodbuli & Claflin, and bis belief in clairvoyant power. Mrs, Mary E. Bennett, the w of Mr. Henry 0. Bennett, who bas lived in Troy, N. ¥., for the past Ofteen or sixteen years, testified that in 1874 she eame to New York to visit Mrs. Helen S, Clurk. At the house of her hostess met Commodore Vanderbilt, who invited Mrs. Clark and herself to go to a spiritualistic séance at tne house of Charies Foster in Twenty-ninth street, Mrs, Beanett said that she did not wish to go, as she felt noimterest iu the affairs of spirits, but gractously consented, and accompaniea the Commodere and Dra Clark, When tho party arrived at Foster’s, between ten and eleven aA. M., they found a number of peo waiting; Foster came into the waiting room and said, “I will attend to this gentleman first;’”? the Commodore said to bim, ‘I'hese indies (meaning Mra Clark and Mrs. Bounett) willattend the séanco;”” tho first spirit manifestation consisted of twe raps on a tavle; Mrs, Bennett did not sit at the table; after the raps were heard Foster sald, ‘These are for you, Commodore,” or, “These are trom your wifo;”? the Commodore said, “Business before pleas- ure, 1 want a communication from Jim Fisk.’ ‘4M FISK IN THX OTHER wonLD. The medium andthe Commodore spoke of others, whose names Mrs, Bennett could net remember, as she did not know them. After a while the Commodore waid, “Give me some paper;’’ the paper was banded to him; he wrote on little slips, folded them up and handed them te Fostcr, who, 1 believe, gave bim uv- swers to questions written thereon; presently Foster said, ‘Jim Fisk is bere und will communicate with yo the Commodore questioned Fisk or hi or Foster, concerning some kind of stocks; swer retufned did uot sutisfy the Commodore, ag his opinion differred, he said, from tbat advanced through Foster; he theretore dismiased the thing with tho remark, ‘We will watch and see which is right, you or 1.” “OW HE LIKED IT, The Commodore and Jim Fick joked a little with each other, and finally tne torm asked the iatter “show he liked tt ou the other side.’” This bit of humor was greeted with laughter by the court spectators. “Was it pleasant, and did be lixe it?” asked Mr. Ciivtou, “Did be say it was warm?” asked Mr. Lord, quickly. “Did he say be would like is besser if it cooler?’ asked Mr, Cnoate. “He told tae Commodore,” answered Mre, Bennett, “that be was very well coutemted, und added that be, the Commodore, would soon see for bimseif, as be wus Loar the eud of the line; the Commodore seemed mach elaied at ihe unswer of Jim Fisk; Daving finweed with Fisk the Commodore wrote ou asp of paper, ‘My dear wife, will yoa commu- nicaie wiih me? Fester anawered, ‘Your wile is here and wii commanieute with you;’ the Commo- dore asked i! certaim things concerning bis son Cor- pelius were trac, and the answer returned was:— el tuipk Bot.” ‘What suai! | do concerning Cornelius?’ was the Com medore’e next question. “+f think you nad boster gi was the you are about right, mother,’ said the 1 thie Commovore. ” THE COMMODORE’s CoMvORT. Mra, Bonnets turtner testiied concerning the con- Vorsation about Mrs, Clark’s lost iegal decuments to the same purport as that jady hersell tesufed « tew ev. She theo told avout auotber coovorsn- card between the Commodore aud Mrs, Clark, tu whieh be toid Mra, Clark tuas be had boon spiritually, physically and flouncially benefiied by spiriualistic eommanications In the toliowing spring Mrs. Bennett met ibe Commodore at tue Vela- Van depot in Albauy, ad tulked with Bim for ten o: filteen minutes; he asked if she f soy meai- ume in Albany or Troy; she suid shat sue did not, and be said be was sorry, for be would like to visit one; he also spoke of the eoosclaneu be recei' from them, Miss Susan A. King then took the stand. She is a stout ledy, in middie lite, of pial 4 very de- termined looking. She g ber eo wers in @ cul decisive Way, und Mr. Ciluton’s cross quest only seemed Wo sirenetben aud emphasize ber direct tes- tupony, She said ane was-‘en old meid,” on ao- bouncement which created much merriment. Sue Said tout sue bad visited Mexico, China apd Japan; had brought over @ cargo of tes from China, and in company with Mma Demorest staried ibe Woman's ‘tea Company, Sho is a permaneat wemoer of the Serosis, Sne reierred coutiuually during ber exam- imation to & memorandum bovk «aud said thus she wtsned the lawyers would let ber sione and aliow her to tell ber story wituout interruption, She said she dina house built uoder her own di- rectiun twenty years ago vetween 105th und 106th strees and between Ninth Teuth avenues; in 1870 she became wcquainiea with Commodore Van- derptit; she had some money to invest in New York outral Of some olber stuck Which would pay a yood Interest; sue ap advertisoment of Woodhall & Claflin io @ paper. THE FEMALE BROKERS. The mention of the bume of tuis once famous irm of temate brokers brought the counsel for the will to their jeot With ao objection. Mr. Lurd offered to prove by the Wituess that she wad invested with Woounall & Cisfliu vy the Commodo: mMendation. Objection was ruled, and the wit- Cornelius an annuity,’ | bess Continued Lust she tuid the Commodore of ior iuvestment with the frm aud he said Ler money wouid ve wafe, lor they Were governed by spiritual ad~ view Here along argument ensued ob the admiasiouny of the vestimouy. {be Court ruled that the witue: whould be copied to her couversations with the Commodore, She went om to suy that she went to tue office of the Commodore in company with Wood- bull aod Clafiin, ‘bey Jeit me with Lim; be then told me that be was tue backer of the firm; when speaking of stocks be sai “Mise King, if you vuy New York Central it wili go up tweuty-two per cent 10 three months’ She ssked bim how he knew it Would, and he said that Woouball was ia @ clairvoy- Qot siate aud bed told him so, She suid that | ste aia not wapt to buy in that way, but & ue Court vi Appeals iteef | @lecied ou tue priueipie of minority represeutation ? | eRAL—Very (rue; bat tho constitu. | that she would invest $100,000 if he woaid give Ler iiten guarautes over his sip be stated; bi iy tbat way; he toid mm bail cousiderabie mouey, Vut that she was making plenty at tbat Ume through © airvoyance. Sue Woodbuil & Cinflin the $100,000, vas they dy buy the stock. she gob her mouey back, howe When cross-examined us to how sho said thal sue boughs real estare when no one Wanted Il, aud suid when everybody wantea it A RELATIONSHIP NOT TO RE DInCUBSED. Mra. Fiora Lyons, of Coufiesiown, Mass, called, and the ofer ot her testimouy the most bowled tits between counsel u this lames case can Loa of, Mra. Lyons bad pr ceeded to state that in 1569 she lived at No. 20 W Fourth street, and that among the boarders there wore Mra. Campbell and Mise Crawtord, The mention 0; Migs Crawiord’s name brought counsel for the will vo the floor, aed Mr. Lord's vext question, “Was any ana frequent visitor upou Miss Crawiord ?’? i Mr. Choate te muke objection, He went on to say that, from the questiue, Le Was Josiitled in in- lerring that it was intended to folst ou the case the evidence, proposed iu the opeving of counsel, con- cerning the relatiousiip beiweeu the residuary leg- avec aud bis stepmoiuer. He characterized it tempt to biackeu the Character of a lauy wee, thus 47, bus Hot been shown by a single Word of tostimony to be in wuy Way coauected WILD Lue Yodue inhuence claimed by the obuer side, Surrogate Culvin said that since he bad decided testimony on tue point of this relationship to ve in AdMissivieon Whe growud of ToMmOteness aud iF Vancy—ouce velOro, ubG as HO CLaoye had siuce (Aken pines in the status, he Would, 1 the counsel at- tompted Lo lotroduce It now, euler an order to show cause why they should uot be puaisned lor contempt of court. JUDGM BLACK’S RESPONSI sadge Black ouriog (ue projovad Succeeded this unooUneEMent Ly the Surrogate sivod up, and, alter wiring uis silver tobacco box a few times in “be badd and Visiting he deptua of bia spacious lrousers’ pocket with the other, said that be assured the ~eutiemen on the other side and the Court that be did not wake love to the dirty business, lt was, be suid, | piten, and could nov be bandied without: deliing the bandier, he re« garded the (estiMouy as oeeessury to tue oune of bis chieut aud would oot be doing his duty if he failed to propose it. The respousibility of ing the testimony, he sata, oe with wer to ‘0 out no ev Miss Crawiord, now relict of the aecensed, cted With the UBdue iMfusuoe, Be suid tb @as offered ww prove, joug since, taut William bad said tbat the father would always be uader the infu- ence of a women. apd he intended he sheuid be un- der the influsnee of s woman over wi had control. Commodore influence, be called the attention of the Court tothe fact (nat during the last illness of the deceased Mra. Vanderbilt or her moiher were always at hand; that BO one Was allowed te see Lim eacept in their pres- nd that bis mind bad been go prejudiced Cornehus that bim see me, the Court to distinctly understand that he was pot io the slightest manner intimidated by the threats order to show cause why he made by the Court of should not be commitied jor contempt, Mr. Choate answered Mr. Bi bo quoted agaiuss the lady was to Ler eredit; for abe ‘was ound 10 the place of a dutiiul wife, by the sick bed of her dying busband, This tes! k, und said that what ony oF testi- been offered beiore and rejected, and, as the condi- tions ure Lot now at ali altered, the sai aintained the former decision, and the relatiouship between William H. Vanderbilt and Miss Crawford wus UM ON THE STAND. De. J. B. Mansieid, a Spirituslistic medium, was He teatidied thutas tar back as 1361 he had delivered communications purportin; from spirits to Commodore Vanderbilt, such 4 decided desire to conduct his own examiuatio Cimton bad on one or two occasions to this was ao not a Spirituaistic séance, Ho tesufed to baving been th Commodore concerning tue kidneys of 4 also to other communications. Thirty- med in argument as to whotn the question, ‘Did you ever hear Commodore Vanderbilt express any disbelie! 10 Spiritualiam ?” The Surrogate temporarily di: the question, but said be would think over i the uignt aud speak conclusively on it this moruings until which time aa adjournment was taken, BROOKLYN BRIDGE. should hold. ‘The Surrogat the offer to pre remind bin be permitted to anew A HEARING IN SUPBEME COURT, CHAMBERS, IN THE MANDAMUS PROCEEDINGS AGALIST COMPTBOLLER EELLY. After repeated adjouruments there was commenced yesterday before Judge Barrett, in Supreme Cuurt, Chambers, a hoaring on the order to show cause why 4 mandamas should not issue directing Comptroller to the amount of $1,000,000, 1m order to raise funds to be applied toward the further construction of the Brooklyn Bridge. Mesare Cullen and Vanderpoe!l appeared oa behalf of Mr. Murpby, president of the Bridge Company, and Messra- Arnoux and Strabaa tor the Cemptrolier, Mr. Cuven opened the logal battle by reading a vi lengthy affidavit by Mr. Murphy. gins witb recitiug the organization and incorpo: of the Bridge Company, and gives the entire history of the bridge, inciading the wissolution of tne origi- pal company aud the organizetion of the present Board of Trustees, It next states tae proportions to be paid by the two cities, two-thirds of the expeuse to be borne by Brooklyn aud one-tmird by New Yer! the former city not to be caulied upon to pay mor than $2,000,0001n apy one yeur, und tue latter city nos over $1,000,000. 1t states thut up to the present ime ¢ bas been paid toward the expenses of the bride by this city omy $1,500,000; thus on the 4un of March juat there Was becessary tu deiray the expense of tho $1,500,000; tuat the Board of Trustees called upou Brookiya te pay $1,000,000 of d upou New York to pay $50u,| r Kelly faiied (0 respond te this eal; that on the 14th of August last 4 similar demand tor the sSumMe amount was wade on the twocities, wuen Comp- uoller Kelly agasn refused to respond, and that jor this reason be (Mr. Murphy) LOW prays for she present mandamus a>king the issue of bonds to cover the Embodied in tbe affidavit is un ordiuance passed by the Commun Council uutnorizing the 1gsav of bonds for the completion ot tue bri COMPTROLLER KELLY'S AVPIDAVIT. Followiug tue reading v1 Stiaban read one Kelly to issue city bom The affidavit 4 copstruction of the brid; $1,000,000 called tor, the ubove affidavit Mr, by Comptroller Keily, Tn the outset Mr. Kelly admits the culls upon the cily to furaish $1,000,000 and bis reiasal to issue the Mr, Kelly then give the bridge, but somewhat differents to its detuils from that given by Mr. Murpby. He says the enterprise had its inception In the bruins Of private individuals, bunds asked a history of that William = M. sweeny und Hugh Smith were tue prominent Jeading partics urpuy aud William C. Kin; in Brooklya, There were, be says, thirty-eight tu. corporutors altogether, but some of them he cencedes were respectable gentlemen. however, no one subscribed to the capital stock more than twenty per cent. He then recites at length the evidenee of Tweed before the Aldermanic Committee, as to bew ibe company and how Tweed ways that As be understand originally incorporate induced ihe Aldermen to rly oruiusnee, aud that Murphy or Ki e bo bear ail his subscripon except the subscription of tweaty per cent. QUESTION OF RELEVANCY. 1, Intorrupsing, insisted that all this jeud was wholly irrebe as the private corporation bad been dissolved by sub- Bequent acts of the Legisiatare. udge Berrett intimated thut it was bardly worth while to spend much Ume on irrelevant mutier. Mr. Straben claimed th mater avout it Was Dot irrelevant mat- ter, as Mr, Murphy, one oi tbe early projectors of tho nt of the corporation, apd bi only proper to get at the facts of the case. He then resumed the afldavit, reciting the ‘woed that sume $65,000 bad becn ox - oFudinance threugh the Common Council; that the uod Twced wouid be repaid all bo advanced ani fifteen por that Koebling’s original estimate of the was $6,000,000, and that Kingsiey bich all weir ad~ Mr, Tweod’s states ay the oridge was 8 that neariy that Dot a single ortgipal call only lected directors share was paid to full aboat $100,000 was paid; thas Brooklyn paid $3,000,000 ork $1,500,000, and that when it was lound ‘hat the resources of ihe company bausted there was made out 4 sew estimate of the k, such catimate amounting to $11,572,087, He says that he is informed thas useless extravagance I¢ proposed iu ornamentation, 4 COUNTER SHOT. by, ino suru (es teetotally the statement of $05,000 had been expended in inilue of Alderwen of this city to pass the ordin: He says that br. the Senate Committee at Albany, of the ia) o ten urged passage of the ac States that the estimateu cost of the bridge, as given by Roebling in 1867, was $7,200,000, but that in 1576, a change baving been determwed upon in the of steel to be ased, the esumate was Placed at $13,119,575 He says that the Uravagauce proposed in ornamentation excepts befitting a siructul VURTHRM PROM MR. KELLY. Tho opposing counsel coutiqued to keep up a rai Bing fire of opposing affidavits. of Mr Kelly was u dwells upon the damage which bo tamed by shipping commerce through the construc. 3. He says it will bea gre ment to the navy, as men-ol-war canvet puss ucder without letsiag dowo their topmasts. will be encountered by merebantwnen, and these diiliculiios will be greasly 1s cleared of its obstruc- Vous, when the Bast River with be the iaverite route vessels vf all ciassex. heusemen od proprietors of flvating docks would be immeasurably damaged. Altogether Le provounces bridge @ great hindrance to Lavigatio wsance, He winds 0US Blusementa, given, bo belie! as to bow high Winds will eflvet the Uriage, ight of paselog cars and bow i» one Lour more people ean cross tue river on forty boats than can cross the bridge all day. culcuiations, in short, were mathematically torw ulated. conclusion of the reading of vu Mr, Callen agced that ail about Tweed be strickeu out this could not be done cost of the we uilidavit, read by Mr. ng the Board Kelly appeared betore nding the passage tos alfigavis be kind and quality Another sflidavit + reed. Ja this allidavit be tion of this bri The same difficulty jwented when Heli Gati He ssid tbe ware. bow it cannot stand th Mr. Siruban said bo Out proper notice of the motion. “3uppose he bad jacorporated,” said Mr. Vander- he Deciaration of Indepeudeuce, id bo necessary to airike thas out?” ether discussion it was concluded to let Tweed’s statemont stand, and as tbo reading of th sifldavits consumed a great deal ot time the ar; ned until Kuis morning, ment wus adjo GARBAGE IN THE BAY. The Board of Pilet Commissionera met yesterday, lospector Conway ro ported that on Setover 12 he followed the steamtug agia tow a seow bel Unvwna Ferry Company, loaded with ashes and cio dors trom the terryboats ow load Was deposited Un Ustober 9 he dissovered tare: retuse weet of Ambrose Snow ia v, K. Neal, bi When opposite Bedioe’s ip the channel, vuoys6 and 16. ‘The employ és of tue Police Huard were aumpiag the garbage iu the warn abip chau the stearoship England votiied tue Board that while coming up the bay Octover 14 b on tue Kast Bank emp the wators off Coney Island, Tue Bourd decided to commence sult immediately against (ne Uuloa Ferry Company. nders said (o have been dumped 207 cubie yards, aud the penalty ior the same 16 $694, uF $2 a cuvie yard, PARK DEPARTMEN! ESIIMATES, The cupain of noticed tou scows Hy street dart aud fith into The amoant of James F. Wenman, President ef the Department of transmuted to the Board of Alder- men the following ostimates for bia department tor the yoar 1879:— Maintonance and governmont of parks ond places, tains, surgeon, sef Pabiie Parka, bi jugies! department, $18,0u0 wuseam of Nabari of Art, $80,000 ‘Museums —Atmerioan Jetropulitan Ma: ing out, de, Twenty-third and Twensy-toureh WOO; Harlem River betages, 815,000; mains aud Bropx Kiver pincers and ro and refiay the ix, £0., $129,020; tur the equipment any ‘Lowal, $687,420, FORTY THOUSAND CITIZENS. + The Naturalization Puzzle of 1868 Un- ravelled by Judge Freedman. HIS DECISION IN FULL. Supervisor Davenport's Position Declared To Be Untenable. Judge Freedman, of the Superior Court, yesterday handed down the following exbaustive decision on the question of the naturalization of citizens, which wi presented to him a few days since by Mr, Algernon S. Sullivan ou bebal! of those citizens who were natural- ized in 1868, and whose papers were required to be delivered to Mr. Johu 1, Davenport on the ground that they were invalid: — JUDG PEEXDMAN'S OPINION. ‘The object of these applications is to huve the record of the proceedings In this court, admitting the applicants to Citixensuly of the ed States, periected vy an entry Bune pro tune, of the fact of such admission iu the minute Dovk of the court. Kuch of the upplicauts applies sepa- rately in biyowa bebull, aud snows under oath, umong other thicgs, the following ftacts:—f'baut on fuil ‘prelimi- hary requirements with the Stututey of the United states. be duly spplied iu open court to ve admitied a citizen of the United States: that he tovk the requisite ouths and supported bis application by the nevessury and to the court satistuctory proot ourt wave judyment to udinit to citisensbip, olticiating judxe signi ’’ to that eflwct to she clerk of the court, to hom it mixbt concern, by suer- serib' name upon the written and Oath-attested proofs iu the caze, and delivered the same to the clerk to do thereupon and therewith all that the law clerk then and there, im pursuance of nt and Dat duly administered, an the applt- cunt duly took and subscribed, thy oath commonly called the oath of allegiance: andthut thereupon the clerk i ued to the apo! der the seul of the court, » cert! ficate as evident 0 tact of the adjudication made; thus the clerk then indorsed and flied the papers aud fat among the court — reeor as 4 part thoreof, and emtered the peme the applicant and er, fucks evnnected with the application in a book of ind urds, which ouo of ike character, regularly kept and per- preserved, amoug the records of suid clerk's that the applicant has always believed, und been advised, that the proceedings and judgment above recited duly admitted bias to citixanship of the United States, bus at recently the Supervisur in Cuiet of Elections in this ries, claiming to act uader the wets of Congress rela- tive to the supervision of (sev. St. of the U. S., secs. 2,002 to 2,031), and the punishment of crimes syuiuss the nsturslisation laws (secs. 5,424 to 5,429), bas nied the validity of such numission ‘and threatened to suiject the appiicaut to criminal prosecution if be suould attempt to vote at the uext olectiou, and that she ouly h denial und threat ts thus there is wo legal ment admitting to citizenship fur the Femsou that ti rk aid not write out an entry ia the minute buok of the court reciting the proceeding and show- ing the adjudication made. The tacts so far referred to aro wmmon 10 the three applicatious. They differ only in the fellowiug passiculars:—Augnst J. Christinn was admitted on the lovh of September. 1468, né w term of this court hoid by Judge Jones, wud Heinrich’ Weiuberzer on the 9h of Octover, 1888, a a term hold vy Judxe Garvin. Their ro- spective applicatious wore made aud granted in accord ‘ance with section 21 of un act passed at the secoud seasion Of the Thirty-seventh Congress, entitled "An act to defiae the pay end emoluments ter cortain officers of the army und for other purpescs.” Arnold Guisomaun was also admitied during the October term of 1888, but his application was founded upon his prior declaraticn of intention to become a citison, whica bo bad made and filed in this court on the 64u day ‘of June, 1853. Av au additional iact Heinrich Weinberger shows that the sald Superviser of Klections rotains in his pussossion the certificate of eltisenship iesucd to Welmberger by this court. NO CONFLICT OF JURISDICTION. ‘The question» arising upon the motions before m: ot such great importance that I should bave beon «tad to hear the ict Attorney of the United States for the Southern District of Dew York or the Supervisorau-Chiet in opposition, Tam assured thas they were bosh cuurtevusly requested to appear sod present their views, but that they declined on the" ground that they could nut do x0 consistently with thelrobligutions. 1 exceedingly regret that they arrived at this conclusion, because in ti ision of the questions {uvolved uo conilics cun arise vetwoen State und federal jurisdiction, True, in providing for « uniterm rule of uatu- radsatiol 6 to she ennstitution of the United 8 adopted umong others the f having common power to sumit «ile suis power the said courte of the United states, aud henee ure tu be duemed quo ud huc courts of the United States. The concurrence of the ef the States. qxpressed or fairly implic: mere! ction of the stuce to this dele<uti power (Kamscen's case, 18 low. Pr. K. 429; ‘The People Ye. Sweetman, 3 Park, Cr. R., 35t) In the adsouee, thero- ‘the benefit which i’ mint have deriv + iu oppesition, I tels it to be my duty to thor- for myself the grounds of the several mo- Ip this estions Ihave tions and all questions arising there: been ureatly usslsted by te timely. ‘2Ux POWKE OY Tax COURT ‘The prayer of the motious being, iu substance, that s certuip defect wiich is assumed to eaist be eured by umendi the Gra shat pi t re! ‘of she Court to entertain the application. Bectiow 5, ‘of the Revised Statuses of the Unisod States exoressly pr. hins contained in tue Mlle, of which sections 6.424 to 5.42¥, relating to he pun- ishment of crimes asainss the naturalization laws iorm purt, shall be beld to take away or impair the jurisdiction of the courts of the several States unuor the laws thereat Under the Statutes of ‘is Court Court scts exclusively under States 11 may Le doubled whether powers conlerred by the statute La i the State be invoked, Un the d, wo restriction upon the power tv amend cun ‘any actof Congress. From shis It follows that xiste, if it exists ascommon law, and that It ercised by every court whicn is ut liberty to ex- der the commen jaw This Court veloags to $ Class of cuurts, and the existence at commou law of the power to emend hus boon distinctly affirmed in Weed Vs Saratoge sud Schepoctudy Ruiiroud Company (19 Wend. 534) and Leetch va Atiuutic Mutual Iusurance Company (4 Daly. 518). In those eases it was held that evory court of record bas power to wilow amendments on equitable grounds in every species of action iudepen- dently of the terms of statates. In general any court of record, unless restricted by statute. may crant un amend- ment of way proceeding witoin its Jurisdiction, This isa power inherent in the court, and its existence is juss us Decessary for the purpose of administering Justice as the power of the court ty vacate its process, order or judg- lent to prevent an ubuse thereol. Muroover, the Kevised Statutes uf the United States expresaly provide — Section O64. “No, summous, writ, declaration, return, process, Judgmout oF other proovedings in civil causes la guy court of the United stat ali ve abated, arrested, quashed or reversed for any detect or nt ot torm, but Such court shuil proceed and uive Jougment accord the ricbt of the cause and matter in law shall appear to it, without regarding any such detect or want of form, except those which, in cases of Gemurror, e party demurriug spectully vets down texetber with’ his demurrer a the cause thereof, and such curt shall amond every such ae- foct aud want of lorm other thun those which the part, demurriug 80 expresses, und may at any tice periit ith rot the parties to amend auy dofect in the process ot pleadings, upou such conditions as it sual in ite discretion and by its ralox proscrive.”” ‘This grant of power, piven ¢laratory of the princi I therelore have no dowut of ti and jurisdiction to entertain the application and to graut it, provided # proper case has beeu mude out for its ex- ereise. As & generat rule the Uourt w! permit & party to suffer through any delay or mistake ol its own (Clapp vs. Graves, 2 iilt., 317), nor by the cela: mistakes of its officers (Cuichest a BO; Noole vs. Berryhill, 4 tHlow., 16; 8SU; 8. U:, YO Barb., 47 19 Johns, 244). It tw a plonary form, is bus de- Xisb at common law. 1; deck: not rely upon ® sbout what 520) The ‘did omit to quired Lim to do, aud, if 90, woetwer suficiont im- portanes to call tur # poriectivn of the record. PRERKQUISITKS TO NATURALIZATION, The determination o! thi: acis of Cou; dtot we and prac. The act of 1802 yp: applieant should Bie sumissioa bis become « citiaen of the 4 that at tho time of bis port the Coustiuution of ‘abjure all ailewiance tate, stare oF yb ih the kingdom or Seate additivn, requi eh title Or oruer of recoried in tbo sino provided that the court admitting suoult be satisfied that be re- vided within tue United t oust, de, do nd that during that vii . 8 of good acter, &e., de. (soc, 1, subd. J). The second whieh prescribed & furm for the ous of becuming citizens ot the repealed uy the wet of May Jd n prescribed that every court of indiviaual State, having common Inw Juris: ‘aud « soul aud clerk ur protuouvtues, should be considered xs @distelet court within the ineaniag ot auld fet, and every alion who might have veon uaturalized in uy such court suould enjoy the same rlcits aud privileges fe i ko bad boou natarulized in w district o¢ elreuit eourt of tue United states, By the act of July ,, 1862, was jurther provided that any alten, ot the age of twenty-one years Anu upward, showing an hoaorable discuae, mm the amy of the Unived States, ® residence vt one yeur within che United Staves Provious te bis application, wad # kued mora: character, Should be admitt-d apor prov of thes» facts and without y previous deciaration uf his inteution tu Lecume a citi THE ANCIENT RECORDS. ‘Those are all the provisions in turce in the your 1808 which it will be ry bo consider, ‘They hi thas time been invorporas thos material cba the Kevised Sta f tue United otatex, EF will bo seem that the ouly record required to Le kopt is a record suowius the ueclaration of intention, the vata to Aupport the CoNstitutivn oF tue Uaibed states aud the re fon ot bie fo) y. No pre court should proceed by an the eondivions preserived, the preservation of tie ural peoots to Ue gi ot the mijad dno provision was 4 OF the wives ta to ve wade, OF f¥F bye wniry any buok, Of course their reword @ Of stutubory reuul rot kveping it What, suena, evurts do and nece procevaings. But in she abwe WouH the subject (he extent mud tui Jolt very mucu to their wound orgy ary must keep t of tee which ER RE eT NS ee Tee RO EN ME Se Ue aN Mi eRe SNe ERT book which was finally desig- Bub this book isa taingof very k keops 4 brief acc ‘of the court, but such aecount is n ‘of the judge. preserving ® memorial or ri Jacts of wcourt, nor is it th thy, because it And fidelity of the sub who happens to Dave the chur, ture or the initials of the presidiug judze must be at ail times more t was theretore held in opd Chariton, 9 0, & P. 2 lavered out vy the’ Kegi the order of the court is the minke it evidence it was not necessary tl r compared with any book of the orders of the court. From i this it tollows thatthe form of the judgment record brance of the proceedin, nated us the “1 Vv the sixnatui brauce of the proc most satisiuetory or ‘Au order bearing he Mayor, &e., of Lud- that w document de- Gourt of Chancery ss mude vy act of Congress, Is utterly Immaterial ae it constitutes incumo: iow mune Mt a rh, United Stat Jd:—"The various act» upon the subject subaa to admission as citizens to ceive testimony, to cum- OF Femeimbrunce of the ad: Thus in Spratt vs. Spr: Reverts, 406, Chief Justic decinion on the right of uli courteef record, They are bare it with the law, aid to judge on both law aud tack od on record as the judy Tr scoms to us, It it be in legal form, to close all inquiry; and, like every other judgmont, eviuence of Its own Validity. might arise trom tls prinerple has becu pressed upon the ‘Court; but the inconvenience mixht be stall greater if the oppusite opruion by established,” 5, New York, 263, tuis decision was held by sue Court o Vbiv judginent is o: tobe completa the incouyenience which In McCarthy va. Maran, coutrary, came to the conclusion that the entry In tue minutes of the cuurt recitius the compliance of the ap- plicunt with the requirements vf the iaw, ami showin bis cousained everything Mecessary to cunstivuce the entire record of ois ‘Mdinissin ay u Citizen; tut it evessury fur thy pisintif to Kive evidence iu sup: pore ol the fuct recited, aud incompetent for the detondany radict it, unless by matter of record importing equal verity; wad that without such contradiction tue re- tu coming to this con cord was conclusive. prior case vi Kitchie 1, Paspam 1: provingly relerred to by Kugiles, Uviet J the supreme Court, on the authority of 7 Urauch, 420, b held that it need uot appear by the record tht uil prelimiuury rouuisites to * naturaliaation bad plied with, but suas the J the ulien to become a citizen, 1s ca! that pot. And incoming to the same conclusioa Foot, , expréwped the lollowing views, vis :~ look with favor on progeddinys to admit alions dit is Just that they should, vf ucquaiutatice with vdr laws and Judicl f their residencesiu ,eneral tor some years, and the cousequent liuvility to lose thear documeuts should siveld them from techujeal and sharp tions to thuir Muturalization papers Whenever there Appears to have becn un honest intention co become 4 cit: jzen and vomply wisn the laws of our gountry, Of course in deciaing siuply in favor of the suiliciency of an entry in the minutes the Court of Appeals did not decklo thas the record could not be made in some other wa; PRACTICN IN THK SUPERIOR © It will now ve proper so observe the course and practice followed by the Superior Court of tue city of New matters of naturalization, prools and the oath os allegiance of the applicants w Wend., O34, was ap- judgment of the Cour lusive evidenge upon the unssttledi Vrivr to 1858 the preli clerk aud kept docluratious ot kept in a separate book. The: way, after the action of the court upon the daty of the respective applications and kept in the office of the elerk in the same manner as other records were preserved. the Judge koldiny the court neither allix Lis initiwia, 1 of the Judgment of admissio jp to'1898 these entries were made in tho minutes, But in that year, no doubt in consequence of the large inercase in the ‘number of applications, the Printed blanks came tute general o i0F making the preliminary prools aud taking the outh Af the aeplicant and bis witnoss, alter having been duly sworn to maks true answors, answered ut te them to the satistuction of the court, papers were file upon each application med the papers, 4, but the clerk was required to in by au entry in tice was changed. residing Judge, on admitting the applica: ship. signified the fact ef having mude such adjudication by affixing the Initials of his name to the uppiicution, and thereupon handed the papers to the clerk, directions to do whatever mixht remain to be don’ clork then, in pursuance of such adjudication, flat an Fections, sdmiuistorcd, aud the applicant in open court aud » certificate was yiven to the fact of his admission. ‘The Papers evntaiuing the fiat of the prosidiug judge, as afore- Suid, were thereupon indorse@ anu filed among the records nd warked filed as of the Ab entry was also 1 order, showing the 6 upplicant. bis na- tuvk the outh of allegiance, the applicant of the conrt as « purt thercot, date of the respective appli Tuade in a book, kept in alphabeti date of the admission, the nae of 4 tonulity, the uaine of his wituess and the residence of such witness, aad If tue admission was ordered without a previous declaration of imtentiou, either on a discharge from the army or on the ground that tho appheant had ur- rived in this country during his minority, such fact was Asotten as necessary a now book of speciaily ulluded to. Iike charactor was opened upon th books thus keot w ords of the court. upon the outeide the simple title 3 neat im ordor of time Is labelled Those opened since Uctober 16, 1868, veur The practice, how- ever, of making au entry in the regular minute vock was Giscontinued. The course and practice as now detalied ed by the court {or the following fiftee rit the promovents now before the court were ad- mitted in Inés. THK LAW'S REQUIREMENTS COMPLIED WITH. Now the files and records of this c that the suid applicants duly complied with ail the re- quirements of the law to be performed on their part, as that all the ullegations contained in the affidavits now tothe munuer in which the court un and granted their respective xj the clerk perfected the record of # in aduition to tho further difference aud of Heinrich Wein- belled “Naturalization permanently proserved among the rec- first book tuus opened aud kept bours lization Keeord.”” submitted by them plications und ences already ae dmission of A. J. Christ. berger is contained in the book ‘aud that the entry of the fact of the admissi: Arnold Geevemann 18 contai Taligation Record. of these books ii In whichever aspect the cae may b and distinctly appears that the clerk, in the pertorm Of the duties assigned to him in, the: guilty of ue omission which roud hen the presla! admitting the applicant tu citizen: vated the tact thereef by affixing bis initial iminary proofs, aud delivered the papors so at- rk with the dirocti mained tv be done, the judicial function ‘and voly ministerial acts remained to be papers so handed over, together with the onth of allegianes theroupou administere: Jadgmont recora of the court on being ‘vy the clerk and hy reason of such filing. made up constituted « suthelent memorial or remembrane within the reguirewents uf the common law. sons ve. Willoughby de Broke, 13 W. it, 313. is was held by Cockburn, C. J., und Crompton, Biackburn and Mellor, J, J., that a docuinont becomes ‘a record of the court by being delivered to the proper officer ot the court, and re- ceived wud filed by bim as such, ulthough it is not num- bered or dockvted. Ii, on the other hand, is be deemed of tmportanee that try should ve made in some book, the eutries cun- d in the Dook marked ” ifforenee tu the dosiguations because rexurd must be outalde appearance considered it clei f no importa te rather than proceedings, was d the record, as made ‘tled as such The record thus the books marked “*Nuturaltsation Index” aud “Naturalization Kecord” tully answer every requirement that cau be made in that respect. nature of spocial minute books. of special proceedings exercise of its ordiuary or ot the State of New York, vut in the exercise of a Jurisdiction specially deiegated to it by act of Congress; ‘aud the entries, as they appear thorvin, vrosent in them- selves # betior and more detulied record, aud ut the same time one which is better adapted for purposes of ready than tLe ordinary entry of the fact of admission would present or be if inserted in the gene byok of the court. ‘There ts no law or rale which forbids this eourt to keep as many winute dooks as it may deem Those books are in the They contain the record ersained by the court not in the ral jurisdiction as @ court MR. DAVENPORT'S POSITION UNTENABLE. In any uspect of the case, the Chief Supervisor strict of New York, to the ments of this court admitting the promovents to citise sulp respectively of general minute book, and that consoy tes are not el thereture, the claim ad- fect thas the judue utly the suid par- , 1s utterly unten pon a mere technicality waich uo court can proceedings axainst fesses to net, coufer mo such Dection 5,424 01 th Jor the punishment of every Revised Statutes provider jeans or witue: Naturalization ac: weil, OF aDpeurs im posus of or uses uny tal: persou (1) to any other persou tuai or fictitious name ection 9,425 ua: certificate of unlawfully obtwit kuowingly poston & falso ur forged corti ship with ini Ace: pt or receive any cortilicate of citizenship with kno thus it was iraudule: ‘ate of citizon- Section 6.426 son (1) to in any manne: oto, any certitiente of cit ve been unlawilully issued ¢ (2) to unlawlully ase or attempt to use « cortilicaty the name ot 5,427 applic to persots widing of abetting, Sec 429 makes it uaiawtul for an: ingly use any certilicate of natura of oy false evidence, of issue other oficer of the ev ing of the apptieant in cou nee of a right to person (1) to know. tion procured shroush out any appouraucs nnd without iawiul ® cliigen of the or (2) to falsely represent himself to bs Unit d states, thout having been auly LL purpose whatever. at the provision, pt coustituted the act applicant of wituem ud. ay dvelded in Th ), by the courts of out would lie atute of the United state cuurt 6 uid ouly be po pie Vs. Swoetman ( Park, United Stave: ended upon t oe rolating tu perjury. D COMMITTRD t d, otherthan perjury. cvuid not, prior to 1870, be Y ut wl Uniens the jp could be brougls within the thirtecuth 3, LEIS, entitled “An wet lor the regulati ard the puolle and priva That section mude it a feluuy to tulsely oF procure to be tnisely jertvlted, any certificate or evideucs ip rolerred to in the wet: or to pass, utter oF use ay true any false, forzed oF counterfeited cortiticate of OF tO Make sale oF dispose of any certitente wny person uther than the person lor iginally issued and to whom it may of rele vessels of the United States.” make, forge of countertett, or em made. turgod of cow ¢ provisions having been found inadeqaate Uon- rons passed the wetet July 14, IS7u. The provisions of this uct apply only to offences commit- tod subsequent to the passage 0! 4s possibiv a ron ulent cortificatos of vith yeb avoid the Bot iu oruer to objection wie post fact law, the use of such eurtifient out ty use th The eertiieates th may be divided into tv aro forged oF counterfeit and wil Lue net of the court whose se: hb, though wonuine im v thy directic by ur tor the applicants named gut be rained to an ex possession wit! tuerein provide which ty thus prohibited vig. iL. Uertiticates wi heave aro not at protess to bear wil respects wud 19 pou chy Court. J. Cortiticates issued by the officer of the court witvout lawtul authority cases in Which tere Was LY Appearane and 4. Cortitions issued to & pure who uses uF attempts bo use it. joes nut mpply to m ease in wih the part ol the app! ot the law, and tae Vo » made oF gave the pi ment. bat of watch the clerk wexlectod to omg bo tied ie, wud wie her than the Hut the probii dwes it apply to everytuity was ds the practice ul the court requ their admission to civine imposition practised upon evideue before this Vuur ‘Court, and would Tay A should not homtate for a mo- to vacate the judgments, Ja sil cash enpes thie ity ih any cage the ‘will most cheerfully co-operate unieh the gi Parties. Moreover, if ‘bv exis! guilty party should be indicted and tried in the federat courts, snd th. committed should not be cor ry upon % surron, e false or fraudulent certifi the Chief Superviver of lections, which would lew reeord of admission unimpexehed, und, under the decisto above referred to, conclusive, and the offender us liberty to procure u duplicate cortifica: IMPORTANCK OF THIS CRIME But to cast discredit upon the records of this Court gen- erally, without possessing any such proof, and that by to- sorting to the morose teclinieatity iu’ casey in whe itis coucoded that the avpticoants duly and honestly complied with ail the requirements of the law, is a proceeding which deserves the severest condemnation, From 1898 to 1873 about forty thousend aliens, includiae over one thousand women, were naturalized by this Courtin precisely the sume Manner 4s the promovents were naturaliged. If the records of this Court were a nullity as to tue luttor, they would be a nullity as t 'y one of the 40,000 persons admitted during ti.at porto, ue, in 1873, ia uddition to all that w the preceding fittoen yo ars, the practice of making briet entries in the regular minute book, was resumed and i has been coutinued ever sings, but this was douse becaus the attention of the Court had been drawn, by its prosent cllicient clerk, to the very techmieality uow insisted upon and in order to obviute all posstule objection on this ground tn the future, thougt possessed of bo merit oF force. AS any rate, thisstep, taken by Way of abundant. precuution, eunnot dotract, as'l have alrondy sufticieatly demonatrated, from the validity of the prior records. Cortuimly, in spect to citizenship. it ts of inestimuble’ impo: tance, That sovereizmty has 9 right to coms mand his person, his” time,” bis property and to establish the conditions of ‘tis domestic relations and the rule of succession tor him and those dear to hii ta &vitai question for every mun, Woat civil and political rights he possesses, and to what sovereignty he must look for protection, depouds upon his status as ® eltigen, Te these 40,000 pursons did Hot legally become elifaens of the United States, aud by virtue theroof citizens of thele roe spective States, the tithe to real estate of the value of many millionsot doiees may hervalter be drawa im qaes: tion. On tho ollier. haud, eortaiity of eitiaansnip ty of equal importance to the government. Lt thexe 40,004 pore sons did not legally become citizens none of them ean be hold subject to militury or jury duty by the federal or any State government. Even, therefore, it a defect in the record existed im conseqiience of ‘the omission of some mimixterial uct vy tho clerk, the United States government, in the absence of ‘a dvclaring such detect fatal, could not afford to insist upon it The United dtates ure so largely indebted tu immisration fur their power, greatness und prosyority thut it wonld bo un net of folly to return to the illiboral policy of Georxe ILL, who, in cons sequence thervof, stands charged in the Daciiration of In« dependence with’ having eudeavored to prevent the popue lution of the states by obstructing the laws tor the uetue raligation of foreigners and by refusing to pass others to encourage their immigration hither, 1 think I huve now conclusively established that the no detect whatever in the recor of the jon of tl promoysnts, and that even It absence of try in the xeneral minute book could be deemed & detect it is ons which 1s immaterial and who dis. rogard is domanded by every consideration of public-poticy. Indoed, it is one of tliv fundamental pringi+ ples of the law that every court is the guardian of its owa” Fecords and massor of Ite own practice. (Broom's Log. ax. 127.) ‘There being no defect in the record which requires pere fection by umendment the motion must be denied on the ground thut no necessity exists for canting them. Hoine rich Weinberger, however, may hayo adyplicate certificate of citizenship in case the Chief Supervised of Elections saul porsist in detaining the vriginal. OUR COMPLAINT BOOK. [Nors.—Letters intended tor this column mast be accompanied by the writer’s full name und address to insure attention, Complainants who are yowilliog te comply with this rule simply waste time in writing, Write only on one side of the paper. —: HERALD.) A DANGEROUS’ PAVEMENT, To ras Epitox or Tux HeraLD:— ‘The pavement laid about a month ago 10 Lexington avenue, between Eighty-fifth and Eighty-sixto streets, Was undermined by the last rain, and if 1t ig not rea paired somebody will be injured and the taxpayers will have to stand the verdict. P, H. KEDNEY, BROOKLYN POLIC!MEN ON THE WRONG BIDE, To Tuk Epiror or Tax HRkaLp:— Can any one answer the question, Why are twe Brooklyn policemen kept on this side of the river, in the Fulton ferry house, to stare ladies out of countes nance? The individuals referred to seem about as aime Joss tu all their movements—when they Move at Biles as human beings can be. 1 they are of any use why not let two polite New York officers take their places? ANTI-LAZINESs, CHARGING MORE THAN IS BIGHT, To rue Epitog oy tak HkRaLp:— The managemout of Herr Wiibelmj’s concert for October 11 advertised, “Admission, $1; reserved seats, 560 ceuts extra, Tickets now ou sale at Rulle man’s, 111 Broadway,” &. At this address they ree fused to take $7 50, which [ tendered, for five row served seats, demanding $175 each. Shoula not the Mavagement omit this address hereatter, us it is not true that seats can there be had for $1 50 cach? Re Bpectially, &c, INDIGNANL BARCLAY STREBI CLOGGED UP. To tus Epiton oy THs HERALD >— On either side of Barciay stroet, trom West te Greenwich, two-thirds of tho sidewalk ts oceupied with barrels, boxes, baskets and all kinds of paske ages of iruits and vogetubies, Passers on foot are olten obliged to waik through the middie of thestreet, Should it not be the duty of the police to arrest those who are guity of this encroachment? I gaderstand that toey are paid @ reguiat stipend to keep awav and not to intertore, T, AYER, WHOLESOME CHOPS FOR THE POOR. To ray Kvitox ov tux HeRALD:— if there is one spark of irienaahip in you for the Poor man please teli us why he cannot get a good mut. ton chop or veal cuties nowadays for Utteen cents, la the cheap restaurants he is given for that sam a piece. of fitny looking, batd, dry and sometimes putrid meat, but tor ten cents more he muy get a tolerable chop or cutlet, Why there should bea difference 19 the quality 1 cannot see, unless 16 be that the poos Men 18 disposed to swallow auything, ALEXANDER McINOH, GIVE THE PREFERENCE 10 NEW XORKERS, To tux Epitox ov Tuk HkRALD>— Iwish to say afew words through your valuable paper about the way in which the managers of tne New York clevated road troat the workingmen. It ‘Was, as cannot be denied, the poor ciass who voted for rapid transit, and not tho property holders, # what thanks do they receive? If aman makes application for # pesitivea on their road toey inform bim they can de nothing for bim unioss ho can prooure lciters of recommendation trom prominent meo—men Who hold seme political sine. cures, in fuct, aud wuo ure iriends of the road, Ine stad Of xiVing 4 Man A chance who rightly deserves 14, aud who bulungs ta New York, they employ mea trom Jersey and give to Luem what rigutly Delonge to those woe did wil iu their power to Mase the elevated Puad @ success, by custing toelr Votre, when culled upou Bo Lo do, tor rapid transi. 1 um sare it was Dot by aay Means the mau from Jursey wav beiped tb through with their petition to Congress for » perm to baild said road. I say, give a Now York maa the preference, aud not go to Jersey to omploy mou. Senator Ecelesine, iu bis specen at Liou Park a year ago on rapid trauelt, sald that people who came trom Bruokiyn and Jersey to earn a living in New York wore hule better thay robbers, as they took the vread out of the mouths of the workingmen .ol New Yurk, aud here, that very road jor Wuich he was fighwiug so bard, Urely ayainst the Views of the man who bi been a friend to rapid trause by hiring m their heip trom Jersey. ihe road has u finished, und they may oeed the vor meu ot New York once more io beip them pase thor bill through Congress, wna iet them bot be surprised if Luey fail to have the workinginea oi New York eT id@ luis time; and what cam tuey dotnen? Lamsarethe mea irom Jersey wilh avail them nothing. MAKBELLE, NOY HIS CHILD, Mary Aan Stedman and ber husband entered the Tombs Police Court yesterday afternoon, closely fok lowed ty an officer Laviog im custody Rovert McKek lar. The woman carried in her arms « child tw yours old, witu black eyes and light bair, and as sh¢ jolded it Lo het breast sho Gust startiod glunces at the prisoue “What js this aboat?’’ inquired Judge Kilbresh, “Cbarged with abduction,” said tue ollicer, “Yes, Your Houor,’”’ spoke up the womun, “My littlo one was playing o0 tho sidewalk iu troat of our house at No, 122 Leonard strovt, this afterneon, wi Ubat man came aioug. He spoke to my child, gave it some caudy and then, pickiog i ap im his acm of win itt Liollowed him, sit, aud called un of- ficer, He cluimed the cid os his own, to my y face, sir,” aud here the inuiguaat wile drow clove to her husvand’s side and away trom tne prisot a the pur, “(his isa serious mattor, Robert MeKellar, What © you 10 Bay?” asked the Jude Ws my cniid, Your Houor,” (he prisoner replied, “What,” sad Judge Kilbreto, “your chia? Way tu father and mother are bere. You must ve mistaken, ”? 1s my cud. er drew further away, shied he child with Her dress, looked lost in’ astunisumenk Hor lips moved, but she Was ata loss tor Words, and hesitated between juuguing und crying. “Let us look ut the enild,’? sutd the Judge, and the motuer bold 14 up lor the iuspecuon of thy Court. “You ure not tmistaken, Madam ¥?" Nu, iudeea, 0 18 IY Lusvand,’? “Have you been drioking, McKoliar?” asked the Court, “Yes, sir, a little, but that's my ohila If thinks 8 hors, Judge, suv tmay wave tt, bus ive my enilu.”” Where do you live?” Nu. 104 ust iiroad way, air.’ “Do your wile aud ehiid live there?” “You, wir’? Au ollicer was despatched to the address give! Toturoed with Mrs. MoKeilur and ber Vwe-yeal 0 ebila, AS they entered the court MeKotlar lwoked from one chiid to the omer in @ aused Manners “ring then bere togeihur,” said the Court, and tl two little oues Were placod side by side, Thoy tke—very much alik You ma, do ” smiling. 'Y 60, McKellar,” said Judge Kilbreth,,