The New York Herald Newspaper, December 21, 1878, Page 8

THE COURTS. Interesting Litigation Between City Railroad Companies. THE CAR DRIVERS’ STRIKE Important Suit Involving the Va- lidity of an Old Title. Another railroad litigation which promises to be Protracted and complicated as any of the numerous litigations of a similar nature brought in the courts, has just been commenced by the Third Avenue Rail- road Company against the Bleecker Street and Fulton Ferry Company and the Twenty-third Street Com- pany, in the Superior Court. The complaint, which is very voluminous, sets forth that the Bleecker street company ran their cars over the plaintiff's tracks from the Bowery Theatre to Chatham street ‘end Park row, from a point opposite Tryon row to the terminus of the plaintiff's track, opposite Ann street going down town amd on the return trips from Ann street to Tryon row. ‘The aggregated number of feet over which the defendants’ cars are driven is stated to be 2,175, ana the reasonable, compensation for such use, com- puting the number of cars driven, from August 2, 1865, to January 1, 1866, $457 66; from January 1, 1866, to June 1, 1867, upon the same computation, $1,494 50; from January 1, 1867, to January 1, 1870, inclusive, $1,525 for each year; from January 1, 1870, to January 1, 1872, inclusive, $1,830 for each year; from January 1, 1872, to January 1, 1873, $1,526; from January 1, 1873, to January 1, 1875, inclusive, $1,220 for each year; from January 1, 1875, to January 1, 1876, $915; from January 1, 1876, to August 2 $717 20. The complaint states ‘that by permission of the Supreme Court a lease was entered into and executed on the 26th of August, 1876, between the parties in this action, under which lease the Twenty-third Street Company have been running cars over a portion of the plaintiffs’ track, the Twenty-third Street Company having, for 8 valuable consideration, come into the possession of certain franchises and property of the Bleecker street railroad. The plaintiffs now ask for a discovery of the manner in which the moneys paid by the Twenty- third Street Company to the Bleecker Street Com- pany have been expended; if the same bas been paid, ‘anddf the net earnings have been ip to the pay- ment of the floating debt, as provi by the lease. It is further asked that an account be taken of the amount of the floating debt of the Bleecker street road, which existed on the 26th of August, 1876, and of the compensation which should be paid by the ‘Twenty-third Street Company to the plaintiffs from that date, and in what amounts such compensation should be paid. On such discovery being made it is asked that the amount found due be decreed to be 7 by the Twenty-third Street Company, and that hi e latter in the meantime be restrained from paying their annual dividend, but that the earnings be sp- sof the lied to the payment of the indedtedn Bleecker Street Company to the pleintiff. To this complaint the defendants demurred on the ground that sufficient facts to constitute a cause of action had not been stated, and yesterday Judge Freedman rendered a decision overruling rnin with costs, but with leave to the defendants to answer. THE CAR DRIVERS’ STRIKE. The Court of General Sessions, Part 1, Judge Gil- ersleeye presiding, was crowded to the doors yes- terday, it generally understood that the trial of James Kearney, the leader of the late strike on the Third Avenue Railroad, who was charged with assault and battery, would take place. The accused ‘was summoned to the bar by Assistant District At- torney Lyon, and as he took his seat beside his coun- sel, Mr. Charles Truax, he presented a bold front and ‘wore a somewhat confident ‘ion. He is amanof powerful physique, bright anddatelligent looking and just such a man, apparently, as would maintain the supposed rights ot his adherents whether well or ill founded. loge: | the spectators were many of his fellow strikers and employés of the Third Avenue Railroad, the company being pe hope resented by the ‘Treasurer, Superintendent and other officials. The complainant, John Brown, testifie1 that on the night of December 5, about six o'clock, as he was about to start out with his car from the depot, Kearney Jumped on the front of the car and taunted him be- cause he consented to work for $1 50 3 day; that he retorted by saying that his receiv: that amount was bis own business; that Kearney then applied some offensive epithets to him and said a good mind to “smash him;” that he replied ee he had never done Kearney any wrong, w! ware: upon Kearney struck him in the face and jumped = the car. When called in his own behalf the accus admitted having struck the complainant but that he did so becanse he saw Brown take hold of carhook to strike him. Counsel for the accused Offered to prove that Brown had said that he would not have prosecuted Kearney if he had not been forced to do so by the officers of the co! ee. timony on this point, however, was ruled out. The ju a brief absence returned a verdict of guilty salt on motion the prisoner was for sen- tence until Monday. TESTING AN OLD TITLE. The trial of a suit of great moment to the city treasury was begun yesterday before Judge Sedgwick and a jtry in the Superior Court. It is an action in ejectment to try the title to ten lots of land on Third svenue, brought by the heirs of Alpheus Sherman against Thomas Kane, but the property really con- cerned is the entire two blocks lying between Seventy- eighth and Seventy-ninth streets and Third and Fourth avenues, except eighteen lots. The eighty-two lots claimed by the plaintiff, although this action only covers apart of them, were once part of the common lands, and have a!l been conveyed by the city by warrantee deeds, and it is therefore bound to defend the title of the present owners when attacked or to respond in damages to them. This action having been brought sgainst Mr. Kane, the city applied to be @ party and the detence is condurted by it. there was conveyed to jan a br ore what was de- ecribed as lot No. 14 as i wn on the Goerck map of the common lands. itle to this passed by various mesne pedbennnainbi, ie Alpheus Sherman. The plaintiffs’ claim is based on what they say is a Misconception of the proper location of that plot, the city having acted on the assumption that the was located uorth of Seventy-ninth street, whereas in fact it was really situated south of Seventy-ninth street. The city contends that even if the lot was improperly located the location was acquiesced in by ell parties, and that the particular land concerned in the suit has been occupied adverse ely to the plaintiff aud his grantors for fitty oe The testimony is mainly documentary, ail the filed maps containing the land in question being rodneed in court. T. M. Tyng and Thomas H. Hubbacd appear for plaintiffs, F. L. Stetson for the city aud H. P. Townsend tor the defendant, Kane. SPECIAL SESSIONS CLERKSHIP. Mrs. Houghtaling, as executrix of her husband, John H. Houghtaling, recently brought a suit against William Johnson, the clerk of the Court of Special Sersions, to recover $12,000 which she claims he wrongfully received for services as clerk of the Spe- cial Sessions for the years 1870-71-72. The trial of the case was commenced yesterday before Judge J. ¥. Daly, holding Trial Term of the Court of Common Pleas, The trial by jury being waived, the case was Proceededbwith before the Court alone. From the facts ax stated it would seem that plaintiff claims that ber husband was the legally appointed clerk of the Court of Special Sessions during the years stated, made In 1501 Johnson ‘k in 1860, and m 1870, when the question came up, in which the Comptr claimed the right to ap- point attaches of Board of Supervisors a the plaiutifs husband as Clerk of the Special Sersions. Mr. nghtaling served two months, for which time he received pay. At the ex- ration of this time le was ousted by Johnson, who after performed the duties of the office.” The spiatntitt claime that her husband was the only legal umbent. Johnson alleges that he was appointed by two of the Judges of the Court of Special Sessions, god that the autoority tor such appointment was confined to them. Lt was further claimed that dur- ing nearly all the interval atter Honghtaling had been ousted he —— by appointment the position of clerk in the County Bureau, for which he recetved a galary of nearly $5,500 a year, and that be could not receive saiuries from two official positions at the eaine time. At the conclusion of the trisl, which lasted the entire day, Judge Daly took the papers, reserving his decision. Mr. Christopher Fine ap- eles tor the plaintiff and Mr, ©. W. Brooke for de VICTORY FOR MRS. STEVENS. The suit of Lorenzo Tomaseelli against Mrs. Paran Stevens, which his oecupied the attention of the Courts for a long time, was decided yesterday in favor of the dant, It will be remembered that Mrs, Btovens commenced a suit against Tomasselli in the @istrict court to diepoxsess him from the basement Of Mrs. Stevens’ apartment house, a portion of which he ocenpied a6 a barber shop tnder a sub-lease from Ward « Hubbell, who the lessors of basement, Mrs, Stevens he dixpoxmess proceedings, | t himeelf brought 09 tin the Superior Court to prevent Mn Prosecuting the dixpoasess proveedings sileuing, th that she had. promised him of the Ghop. Mrv. Stevens claimed thet Ward & Hubbell had NEW YORK HERALD, SATURDAY, DECEMBER 21, 1878.—WITH SUPPLEMENT. crilinenieiem no right or authority to 1 to the tiff. Judge Hcedunan, im 5 sete een eae +4 laintif hes failed to make" o equitable Pellet amd the defendant is entitieg t0 co huge ment of dismissal of the complaint and a determina- tion that ot ee, was ay entitled to the injune- tion granted the pendency of the action. THE TOBACCO CASE. ‘The trial of Henry Baer for false pretences, at- tracts quite an attendance to the Court of Oyer and Terminer, and seems to interest numbers of mer- chants in the tobacco trade. The prisoner and his cougsel, Mr. William F. Howe, were in early consul- tation, and’ Assistant District Attorney Russell, who represents the prosecution, called a number of wit- nesses to establish the theory that, at the time, Baer made the purchases of tobacco, he did so with a fraudulent Mptention- Gustayus Falk and Mr. Red- lich and Mr, Barnett testified that Baer sold them tobaceo at prices lower than the + roe ‘hase money, Mr. Lindheim deposed that he had offered a higher price for the tobacco than the price for which Baer purchased it. Mr. Howe then opened for the defence, and alluded to the fact that Baer and his father-in-law, Metagar, were merchants in good standing and were impoverished by business depressions; that there were civil suits instituted involving the same transactions for which the present indictment was preterred, and that when Baer made the statement as to his solvency he actu- ally believed himself to be so. The prisoner was called and gave a succinct statement of how he made the purchase and explained how he was compelled to make an assignment. The tact of his selling tobacco for less than he purchased it for was that he used the moneys to liquidate maturing notes. Mr. Russell cross-exsmined the prisoner at great length, after which, in consequence of the lateness of the hour, Judge Daniels adjourned the continuance ot the trial until Monday next. SUMMARY OF LAW CASES. Edward Baptist Jerome, charged with ecounterfeit- ing, was tried before Judge Benedict yesterday, in the United States Circuit Court. The jury returned a verdict of not guilty. In the Marine Court, before Chief Justice Alker yes- terday, Sophia Kergher obtained a verdict for $500 against Roger Bomber and Thomas Resnan for inju- ries sustained by having defendants’ wagon run into her wagon, upsetting and throwing her under it. In the suit brought by the Victory Webb Printing Company against Henry Ward Beecher and others, trustees of the Christian Union Publishing Company, Indge Van Vorst yesterday, on demurrer, held if the facts stated in the complaint were true there was enough to warrant the case going to trial. The suit of Thomas Riley againstthe city and the Belt Line Railroad Company, which ied before Judge Larremore, in the Court of mn Pleas, brought to recover $15,000 di : sustained, the facts of which were published in yesterday's Hrra.p, was concluded yesterday by s verdict for the plaintiff for $1,300, the com] rapaieepesnss the railroad com- pany having been issed. Aun Malloy has brought suit against the National Steamship Company to recover damages for the death of her son, Michael Malloy, while a sailor on the steamship France. It being alleged in the complaint that his death oceurred off Falmouth, without speci- fying what Falmouth, a motion was made yester- day before Judge Davis to amend the complaint, which was granted. In the case of James Baker, alias Joseph Burns, charged with being implicated in the resene of “Red” Leary, and who was subsequently arraigned on a previous charge of stealing a clock, a motion for the adjournment of the trial was yesterday granted by Judge Gildersleeve, the defence not being in readi- ‘ness to proceed. Andrew Boyle, a steam boiler maker, who was con- victed on Thursday of felonious assault, having, in a moment of drunken ration, thrown his wife out of a window, by which performanco she broke her ankle, was sentenced yesterday by Judge Gilder- sleeve to three years in the State Prison. Frank McKenna was recently indicted by the Grand Jury for murder in the first degree, he having shot William Wiltsey, who died subsequently, from the wound. At the Coroner's inquest, it being shown that the deceased was at fault, he was admitted to bail in $2,500, and upon the imdictment being found against him voluntarily surrendered himself, His counsel, Mr. William F. Howe, obtained yesterday, from Judge Davis, a writ of habeas corpus, with a view to effect the prisoner's discharge or release on bail, it being claimed that he is not guilty of the offence charged. Judge Sutherland recently sentenced to the Peni- tentiary for two years James Smith, otherwise known as “Broker Dick,” on conviction ‘ot an attempt to commit forgery in the third degree, he having in pd session with intent to utter some stolen notes of the Consolidated Bank of Canada, to which it is claimed he had affixed the signature of one of the ofli- cers of the bank. On application of Mr. Horatio F. Averill, his counsel, J Brady yesterday nted a writ of error and stay of proceedings till the third Monday of next month, when the case will be argued at the Supreme Court General Term. Judge Donohne Fontordny appointed John 8. Law- rence, Bernard Smyth and Charles A. Whitney, Com- missioners to raise the value of the property granted, pursuant to his recent order, to the New York Central and Hudson River Railroad Company, west of its track to the Hudson River, between Sixty- fifth and Seventy-second streets. The order directs that the vy oe of the city to the strects and avenues shall not affected in the case. It is further di- rected that the first meeting of the Commissioners take place on the 27th inst., at the office of Mr. Law- rence, at No. 155 Broadwa; COURT OF APPEALS. Axpasy, N. ¥., Dec. 20, 1878, In the Court of Appeals to-day the following busi- ness was transacted :— No. 159. John Day (an infant), &c., dent, vs. The ogre City Railroad Company, a; er it ans —_ by ——— Britton for appel joak for responden' No, 160. Henry oun respondent, vs. Willard Wood, appellant.—Submitted. No. 161. Joseph er appellant, vs. Charles V. Crawford, impleaded, respondent.—Submitted, No. 38. The Town of ‘Wayne, appellant, vs. William ‘M. Sherwood, administrator, &c., respondent.—Ar- by William Ramsey for appellant, and George B. ley for respondent. ‘No, 12. Albert Samuels, administrator, respondent, va. The Northern Central Railroad Compsny.—Sub- mitt DECISIONS. The following decisions were handed down :— Demuth vs. The American Institute of the City of New York; The Equitable Life Assurance Society of the United States vs. Cuyler.—Judgment affirmed, with costs. The National Bank of Auburn vs. Lewis.—Jnc reversed and new trial ordered, conts to abi event. Woods vs. Pangborh.—Orders of General Term and ment le the 1 Term reversed, without costs to either party in this Court. Jessup vs. Steurer.—Order reversed and new trial granted, costs to abide the event. Hewitt vs, Northrup.—Order affirmed and jndgment absolute for defendants on stipulation, with costs, ‘Mann vs. Manu.—Orders of General ‘Term and Spe- |, with costs, Marvin vs. Marvin.—Motion to correct remittitur denied, without costs. The following order was handed dow: Ie in omtiered that thie Court adjourn thie ville he ay «ine die, A E in the tol, wt all causes remaining calendar of the C will alse order, wil © in wi! Totices of argument and proof M serview ary “fied with ten on of before the Sth day of Ji oO PnTEREN, Clork, UNITED STATES SUPREME COURT. Wasutxerox, Dec, 20, 1874, The following were the proceedings of the Supremo Court to-day :— Ou motion of George F. Hoar, J. D. McCleverty, of Fort Smith, Ken., and N. B. Bryant, of Boston, were adinitted to prac No. #8. ‘Che United States ex rel. Alfred Huidekoper, plaintitt ie, SttOR, es The County Court of Macon unty, and No. 458, The County Conrt of Macon County, plaintiff in error, vs. Altred Huidekoper.—Argument continued by Jawes Carr for the county, and con- y Joseph Shippen for Huid Sarah W, Keed, imph wed, Ke, Pv spe tyre, aseigne Court of the United State sota,Submitted by KE. C. Pali G. Rogers and George L. Otis te No, 100. John T. Wilson, James W. Goodrich, assignoe, & ward Avery for plamtiff in error. et for ap) appell tft in error, vs. -Aruued by’ Ka- jourt declined to « hear counsel for defendant in error. No. 101, William ©. Wilson, plaintiff in error, vs. Salamanca Townahip.—In error to the Circuit Court ot the United States for the District of Kansas.—Ar- gned by Joseph Ship for plaintiff in error, no counsel sppeariny tor dant in error. No. 102. William J, De Treville, plaintiff in error, ve. Robert 8, Millx,—Appenl from the Circuit Court of the United States tqr the District of South Caro- lina,—The controversy in this case relates to the title to two lots of land in Beaufort, 8. C., sold by the Ynited States Distriet Commissioners for taxes, under the provisions of the 118th section of the at of June 7, 1862, and now claimed by the defendant in error under the Commirsioners’ tax sale certificates. The plaintiff in error contends that the certificates are invalid on aecourt of the irregularity and illegality of the Commissioners’ pro- ceedings. Argument begun by I. G. Barker for plaim- tiff in error. Adjourned until Monda: noon, WAYLAID BY FOOTPADS. Philip MeGee, of No. 506 Greenwich street, while going through West Fourteenth street on Friday morning was followed by a couple of strangers, who in turn were follo by Officer Murray, who did not think they were acting just right. The fellows overs took MeGee, d him down and tried to rob Mt to the prostrate man s aswiat- sof the men, but the other es- wped. The captive—Peter Woods, of West Sixteentia street—was held at the Jefferson Market Police Vourt yesterday in $2,000 bail to answer, { legality of the movement. RESUMPTION. THE BANKS CARRYING OUT THE RESOLUTIONS OF THE CLEARING HOUSE ASSOCIATION—NO SPE- CIAL GOLD ACCOUNTS 4FTER DECEMBER 3]. ‘The Clearing House Committee met yesterday and adopted a resolution recommending that the banks in the association advise their customers to have the words, “Payable in funds current at the New York Clearing House,” stamped on all their notes and bills. ‘They also advised the banks to send out circulars with reference to the discontinuance of special gold accounts, Accordingly the following cireular was sent out by the American Exchange National Bank to its customers :— New You«, Dec. 20, 1878. _ Dean Six—In compliance with the agreement of the N York Clearing House that the associated banks of th city. after the Ist of deunary,, 187, willl. Decline re; eoivin, a but accept and treat them, only 1 ‘Abolish special ex- changes of old chee we Coe Meearig ioe 3, Pay and receive een banks at Cleari House either in gold or United States legal tender a 4. Recolve silver, dollars upon deposit, ouly under, spec contract to withdraw the same in kind. 3, of balances betweon banks at cates or silver, dollars, excepting as subsidiary mall sums (say under $10), 6, Discontinue gold pei unts by notice todealony on Tot January next to terminate then—you are respectfully notified that all “special gold accounts” in this bank will on that day be closed. Tf, therefore, you desire to withdraw the old how in speclal account you will do so on or before 1, 08 “thereafter any balance so remaining will be jo your general account and be payable in lawful vis., “in gold or legal tender notes or throngh the t Clouging Houne.” ax nbove stated. Yours re- DUMONT CLARKE, Cashier, The following circular has been prepared by B. B. Sherman, president of the Mechanics’ National Bank, and will be sent to the customers of that institution without delay :— 3 Decexnen, 1878. DEAR Sin—I beg to advise that from and alter the 1st of December inst. the bank will discontinue all gold acco ts books. I sako this early opportunity to. inforin you of this in order that you may muke such disposition ns you think proper of your gold bal it ances not previously drawn for wits ‘attor the diss of Aes - Hess on the ist inst,, be transferred to the credit of ordi- nary current account, B. B, SHERMAN, Prosident. All the other banks in the Clearing House Ass be will send similar circulars to ir customers. A prominent bank president said yesterday that he understood a meeting of merchants had been called to take some action to test the logetity, of the demon- etization of silver; but be claimed that all such efforts would be futile, as the Clearfmg House Association had the advice of the most eminent counsel as to the On inquiry among the merchants it was ascertained that no such meeting was contemplited, and the o) pais was generally ex- pressed that the banks would receive the assistance of the merchants in their resumption policy. THE OTHER SIDE OF IT. NO SEABCH ATTEMPTED OF THE LADY WHO WAS ARRESTED IN THE DOMESTIC SEWING MACHINE COMPANY'S BUILDING. The arrest of a lady in the Domestic Sewing Ma- chine Company's building, at Broadway and Four- teenth street, on Wednesday, and her account of an elleged search of her person, aroused & storm of in- dignation among those whose wives, mothers or daughters might at some time be subjected to a simi- lar indignity, and called forth a large number of let- ters to the Hemaup on the subject. In order that the responsibility for the alleged outrageous treatment of the lady might be laid at the door of the proper person a reporter yesterday called ft the Domestic Sewing Machine Building and saw Mr. Henry Bristow, the city manager, who said:—“The Domestic Sewing Machine Company had nothing to do with it. The lady, accompanied by a younger one, came into our,puilding and went up to the second floor. She was followed by 4 police officer and an employé of Le Boutillier Brothers. The latter charged her with purloining some article from their store, and the police officer arrested her. She went into the elevator, but she was not searched by any one while in this building. I told the police officer that if any search was to be made it must be done in a private room. He replied that he had no idea of searching her; it was never done by police- men under any circumstances. I was with them from the time she was arrested until they left the building, and ‘say positively that no search was made or attempted. Police Officer Muleahoy, of the Fifteenth precinct, states that he was called ‘to arrest the woman by an employé of Le Boutillier Brothers, and did so. While in the elevator she dropped the tidy which Le Boutillier’s man identified as belonging to the firm. Hie took the prisoner to the station house; he did not search her at any time and had no idea of doing 80. Mr, Roberts, one of the man of Le Boutilier Brothers, said that he permitted the employé to fol- low and arrest-the womsn because she had been seen to take the tidy and carry it out. He would rather at any time let a hundred go than arrest ono on suspicion, but this was a very clear case and his man was so certain of it that he permitted the woman to be followed. As for the search, of course he knew nothing but what he had been told. John Joyce, of Le Boutellier Brothers, the man who caused the arrest, stated that his attention had been called to the woman by some of the clerks who thought she was acting in a strange manner. He watched her and saw her push the tidy off the coun- ter to the floor. Then she stooped ang pi icked it up and left the store. He followed her to the Domestic Building, called an officer and procured her arrest. No attempt was made to search her. While in the elevator she dropped the tidy, which he identified. It still had the check on it, which would have been taken off had the article been sold. JUSTICE PINCKNEY. Mr. Newcombe was the first witness examined yes- terday in defence of Justice Pinckney, who was pres- ent in person. Thatcher J. Waterman followed Mr. Newcombe and testified that he had never seen any improper conduct of Justice Pinckney in court. Mr. Hahn, a lawyer, said he had frequently been in at- tendance at the Seventh Judicial Civil Court, had tried many cases there—probably twenty or twenty- five—and had never seen anything out of the way in the conduct of the Justice. William G. Wheelwright, residing at No. 201 East Fitty-first street, and having an office at No. 152 Nas- sau street, said:—Iam a lawyer and have tried sev- eral cases before Justice Pinckney; some of them occupied two or three hours; I never saw the Justice’ drink liquor on the bench; his conduct was proper; he was painstaking and his general conduct was the sume as that of other justices; he seemed to compre- heud fully all that ‘was going on before him and was sensible and intelligent. At this juncture Judge Fowler came before the referee and s@ated that « Mr. Secor, a lawyer, and very important witness tor the detence, could not be prea- ent until Friday the investigation was again ad- journed uatil to-day, at eleven o'clock. SUIT FOR SALARY. James J. Carey was appointed an attendant in the Superior Court in 1871 by Comptroller Connolly, He was paid for two months and then discharged. ,The trial of a suit brought by his brother as his adminis- trator against the city to recover a balance of salary for five months’ service, which he claims was per- formed by the deceased, resplted yesterday before Judge J. F. Daty in a verdict for the city. It seems that on the* trial it was shown that Mr. Green, then Deputy Comptroller, had sent a cirwlar letter to the judges of the various courts asking for the reduction of the number of attendants, The result was that amon numerous others discharged were James Carey an dohn Croughan, Mr. Green asked the judges ot the Superior Court to reappoint these two nien, but the request was returel. Henry H. Storrs, for twenty ‘k iu the Comptroller's office, testified payrolls for November and December, 1871, were sent ih without the names of these two men, he added them to the list by direction of Mr. Green, and they received their pay as usual, UNDERGROUN D * WIRES, Alderman Keenan yesterday introduced s resolu- tion in the Board providing for the amendment of an ordinance signed by Mayor Ely on the 14th inst. giv- ing permission to Albert W. Harris, M. Rudoiph Ty- nan ond others to lay wires underground through the streets of the city. Mr. Keenan's amendment provid ot ae Tesco the fronchise to the heirs and received the Mayor's signature with und . ‘The real intention seemed to be to blackmail the telegraph companies, iderman Sheile—Did you not vote for the measure it first came betore yard 7 Alderman Pinckney denounced it os an iniquitous achome and said thatif he had been present when it came betore the Board he would have said #o, He thought the resolution should not be adopted, ‘The matter was finally laid over for future consid- eration. THE H AND THE RING. Herman Steinberger, of No. 213 East Seventy-cighth street, was standing on the platform of the New York Hleyated Railway at Houston street on Thursday evening when a stranger jostled against him. A mo- mont afterward he observed the stranger—who had | politely apologized for hit awkwardness—throw @ ring away, Mr. Stoinberger’s suspicions were aroused, | and, lookin his wateh, oun that it had been stolen. He had the stranger arrested and taken to Kaxex Market Police Court yesterday morning, where | he gave ys name as George Williams and his uddtews | ts No. 208 Waverley place: | Delng unable to give any Setistactory scoount of himscit ho was held in $1,000 W. ‘ATC = by Judge Wi Steinberger's watch was not ecovered, NEXT YEAR'S EXPENSES. The Council of Political Reform on the Estimates for 1879. WHOLESALE REDUCTIONS URGED. —_+—_—_, How Over .Two Millions Can Be Saved to the City. AU ' The last open meeting of the Board of Apportion- ment for consideration of the departmental estimates for 1879 was held yesterday afternoon. ‘The final declaration of the amount to be raised (which must be made under concurrent vote of the full Board) will be issued either to-morrow or the day after. Under the law this declaration has to be made either on or before the 31st of December. At yesterday’s session Mr. O. B, Potter, on behalf of the Council of Political Reform, presented a voluminous statement in relation to the estimates, of which the following is an abstract: — The Council of Political Reform beg leave herewith respectfully to submit to your honorable Board the results of as careful an examination ot the estimates made by several of the departments of the city gov- ernment of the expenses of their respective depart-, ments tor the year 1879 as the time and opportunities have allowed. For the want of better opportunities we have been obliged to confine our inquiries to a few departments, ‘The amounts we propose as sufll- cient to conduct these departments have been ob- tained from a careful inquiry into the nature and amount of the duties to be performed and the commerciai value of the services these duties require, Very much larger reduction of these expenses might be mode with advantage to the public service if cer- tain acts of the Legislature were repealed which create unnecessary offices and fix excessive salaries. DEPARTMENT OF BUILDINGS. Asked for, $75,000; $31,000, During the last year this department has received an average of six plans a day for repairing old and proposed, $41,000—saving constructing new buildings, an average of three complaints trom the public in two days, and has sent out an average of twenty-three blank notices a day. For record of these plans and complaints and the issue of these notices eleven clerks are employed and are again asked for. During the ycar an avernge of 900 buildings have been in process of erection and repair. For the supervision of these buildings and the general inspection of unsafe buildings forty inspectors have been under pay and are again asked for. Three-quarters of the buildings in the process of erection and repair are in the four contiguons be «pid wards of the city, and have not received and id not require more inspection than two competent men could give. POLICE DEPARTMENT. Asked for, $4,353,611; proposed, $3,478,960—saving seta. 651, principal reduction made on the amount aakeh for is the twenty percent which the law of 1866, chapter 861, requires to be taken from the salaries ‘of certain officers of the department, when the currency of the United States shull reach the par yang of gold, The following opinion of the Law miBittee of this Council iu regard to the present d operation of this law is hereby given:— trai fixed the estimate, for street cleaning at made by a responsible ‘party, under stringent peel Pie ih proposals made by this department during the last year, to do this work by contract, and which is believed to be sufficient.”” DEPARTMENT OF PARKS. for, $667,920; proposed, $324,881—saving $343,089, The chief item of saving in this estimate is the ex- clusion of all expenses for construction work. We ad the honor of submitting to your Bourd last year the written statement of ex-Comimmissioners Philip Bissinger, Henry G. Stebbins and D. B, Williamson that the mere maintenance of the parks of this cit; should not cost more than $250,000 a year, to whic! we beg leave to refer your honorable Board. FIRE DEPARTMENT. Asked for, $1,291,842; proposed, $983,300—saving $310,032. ‘The principal reduction made in this estimate is twenty per cont of the salaries of certain ofiicers, to correspond with the same uction required in the salaries of the police force. BOARD OF EDUCATION. Asked for, $3,584,000; proposed, $2,818,000—saving $766,000. We have examined the estimates and the reasons for the same which this Council had the honor to present to your Board last year, of the amount of money we consider pooner to meet the expenses of the rd of Education, are more than ever con- vineed ot the correctness of this estimate and the soundness of the principles upon which it was made. We repeat substantially the same estimate, only add- ing the expenses of a possible increase ot pupils for the coming year, with the reasons therefor. We be- lieve that the tree school system and the public good will be advanced by a strict adherence to the policy and line of economy here indicat RECAPITULATION. Saving in the Department of Buildings. mae in the Police Department... Saving in the Department of Parks. Saving in the Fire Department... Saving in the Board of MAnestion, Total saving... ++ $2,827,722 Large reductions can be made in most of the other departments, but the Council are not prepared at this time to suggest any definite amount. Notwithstanding the considerable retrenchments that have been made in the expenses of the city gov- ernment for the last few years, it is evident that this reduction can be oarried still further with advantage tothe public by comparing the amount paid tor salaries in 1860, which was $3,876,288, with the amount asked for for salaries in 1878, which is $10,134,573. The purchasing power of money and the cost of living in 1560 were substantially the same as now, yet while the population and the amount of necessary public business have increased but thirty- three per cent, the amount of salaries have increased about three hundred per cent. This report was signed by W. - Webb, O. B. Pot- ter, Willy Wallach, J. M. Requa, H. N. Beers, IW. Harris and ¥. F. Wentworth. POLICEMBN’B RIES. In connection with this report the following com- mounication was also ado; , relative to the effect of the laws of 1866 on the salaries of policemen :— New York, D |, 1878, esident of the Council u Mr. W. IL W: Refori Sim—We have examined the laws of the State relating to the question aubmitted to us by the Council of Reform, whether the provision contained in the Laws of 1366, chapter M61, relating to the compensation of the police force of this city—viz., “that whenever the currency of the United States shall attain a par vaine in gold the fore- going salaries ns fixed by this act shi duced twenty por cent” —in still in force, a are of the such provision is in force by; son of the various. pro visions in the charter of 1870, and in chapter $53 of the Laws of 1873 and the supplementa: 75s of the Laws of 1873. HE THRODOKE W. DWIGHT. T have given to this question alt the consideration possi- ble within the limited thine ad ms. Lam inable to seo Ae at present advised any escape trom the conclusion at whieh Mr. Dwight und Mr. Day have arrived. Drcewnen 1), 1 JAMES EMOTT, I concur in the foregoing opinion. EDWARD FITCH. Mr. Samuel Witchurch, chairman of the Executive Committee of the Central Association of Taxpayers, opposed the payment of $10,000 to the counsel of the Aldermen in the recent indictment proceedings. He was also in favor of ae ha the Mealth, Park and Building department » would also abolish the male janitors in publie soca and permit the jani- trexses to attend to their duties. If any janguage is taught ia the public schools he thought it ought to be Irish, as that nationality represented a majority of the pop’ n in this city. ‘There were too many n and this prevented a sufficient force letailed for the protection ot the city. pation from rae Fowler and Adrian, connsel for Judge Pinckney, was received, asking that an appropriation of $4,000 be made to defray the expenses of the defence, No action was taken upon the matter and the Board adjourned. wn as chapter Ry DAY MUNICIPAL NOTES. Alderman Roberts continues ill at hig rooms in the Metropolitan Hotel, Mayor Ely yesterday vetoed the Aldermanic resolu- tion granting permission to the Harlem Bridge, Mor- risania ond Fordham Railway Company to lay tracks across Harlem Bridge to 120th street and Third ave- nue, The Mayor is of opinion that such priv- flege would interfere with the use of the bridge for the ordinary purpose of public travel. Tho resolution directing the New York Elevated Railway Company to remove the stairways leading to their stations at Ninth and Houston streets to a more convenient location was also vetoed yesterday by the Mafor. It was understood that such removal would case more inconvenience than was experienced at resent. The Aldermanic Committee on County Affairs has reported in favor of permitting Surrogate Calvin and other officials to occupy part ot the new wing of the County Court House, Commissioner of Jurors Dunlap Naoenag nn ee ina communication to the Aldermen asking for an appro- priation to pay the expenses of his bureau, as the ts from jury fines during the past year were in- suflicient for that purpose, Action upon the request was apt The Board for the Revision and Correction of As- ents yesterday passed a resolution referring the awards and assessmcuts for closing Bloomingdale road, nting to $240,000, back to the assessors for ex- These gentlemen are | orporation Counsel as to the legal princ | ples applicable to the area of asseasment and as to | flow the damage and benefit should be determined, ‘The Board also confirmed the assersment list for re ulating Tenth avenue, from 165th to Mth sti The cost of the work was $754,000, of which all bu $192,000 (asnessed on the property) is payable by the “*Gatonel Gilon, Beadish Johnson, John 3. Gorman, George B. Deame, Matthew Kane and others called 3 Comptroller ‘Kelly yesterday and requested him to sanction the location of S DOD Was =e oe the ground bounded by Gani ‘Tweltth street, West street and ‘Washington ay known as the “Gansevoort roperty * in aocordance with a resolution passed. by the Aldermen, AD ex- penditure of $30,000 would . Fag caer for the work. bey ea Kelly promised to give the matter con- sideration, REAL ESTATE The following eales were made on the Real Estate Exchange December 20:— DB ‘ John 8. Wood, + rateess Spon ot 10th ay., 20. Frederick ©. for ak eclosure sale of the three story. rick well with lot 25x100.5, No, 21) West 53d 6 fSi's ft. w of Broadway, to plaintiff. . ++ 8,360 re_salo of the four David Paton, referoe—Forec with lot abe story brick tenement honse No. 605 Ist av., Ww. x D. mu t Sandford, releres-Foreclosare prick imeltin OFFICIAL REAL ESTATE TRANSFERS, The following is a statement showing the real estate transactions recorded in the Register’s office December 20:. Ta4th wt. ns 435 ft. w. of Sth av., 50x99.11; Joho d wife to Jonnie L. Rula }OOx1U0115 ¥ Joni 8th ay., n. ¢. cor agitnioer und wife to George Ml av. w. s., 100 ft. n. of 9 ith st WeNally and husband to Ist ay. comer of 6th ‘and wits to Ineae ilehr 14.73,x100.10; HL New York Lite Tnsurince to Amos R. En Mico Smedberg (exeeutrix) to A Ma tt. we x 100.5 5 a oth B45 ft. w. of 1th ay., B0x100; George Ws Swain and wife to Mary Mason. Nom. Same 3 dol V on and wife to George W. Nom. 163d st, 6. ward) on tu Lena See Nom. ft. wef av. A, Ade 100.i0 Pomeroy (referee), to New York Lito 1 ti. w. of Boulevard, 50: ud husband to Mary Blyn 34: Menry Morga (executor) to Fracnkle and 5,250 Forsyth st., w. 8. (lot Ni Branigan a6 pneand, to Hat coe ee Nom. Bath ats _w. of Sth a jalso 3 Ig thre of uth & Txb80; 3 M. Bowers (retereo) to Arthur b. ‘Weeks: 180th st., Bust (No, 21), 16x08.11; Jobn wife to Surah A. Wi Sth st, 8. 6., between Cathurine Koller to John A, Rolle 2dav.. nw. comer of 19th st. i00xido1i; D. ‘Thoinson (referee) to John M, Freidrich. Ruben Morris to Mendel Joseph, goneral assignment. John J. Astor 20 y Broadway, corner ih st (Brondway Hoel}: i Margaret . Watson and others to Wiliam Branigan, Rosanna and husband, to George Cham- berlnin Forsyth st. (lot No. 270); 1 year.. m J Alice Smodberg (cxecutrix, nce of lathe . Ww. of University place ee, stalmonts 5,000 Sawe to sume, saine property? 1 Hope, vba ia Sinise Waldie, No. 28 Great year: Sumas wo Hicses More Sume and wife to samo, same property ; 10 day: Jonas, Abraham H., to Max Danziger, 8. w. corer 2d av. and 97ta'st.; 6 months... Same to William 8. Thorn and another, same Prop: erty; 6 months. Koemer, August of Concord av., n. of Strong ny. Legpinasse, Geoige S., to Mary Bi ‘Sth av. and Ltth at. 5 3 justus 4 month Saute So Futons Sa casings ace Hof OTE w ft. &. of 7th av. ; 6m Meagher, Jum Samo to August ft. e. of 7th av. 3 months, . Stafford,” ‘John, 4 ‘Hugh Humes, Ist av.; 3 your: Tappan, Jereiniah Nelson aud wi sons, &. 8. Of 4d ate, &. of Madison a Vandetveer, John A- und. wife, a7 William st. and No. Bowen, James and others (executors, &c.), to Henry Vothout, guardian, ce... Same to L. P. Siebert (guardian, ee.) Same to THE SUGAR TARIFF. TWO PETITIONS FROM THE SUGAR MEN TO CON- GRESS—vrvOsIT?ON BY MANY MEMBERS OF THE TRADE. Two petitions to Congress in relation to the tariff on sugar were in circulation yesterday among im- porters, refiners and dealers in sugar. The first con- siders the ad valorem system of assessing duty on sugar to be tpe more correct and equitable as well as the better calculated to harmonize the varied inter- ests in the trade, and recommends the assessment of the duty upon that basis. In case the government should consider the ad valorem system unwise or unprofitable the petitioners then unite in recom- mending the two following amendments to the ex- isting tariff, which, they claim, will more equitably adjust the ad valorem principle to specific rates of duty, and thereby correct inequalities which have occasioned much dissatisfaction in the existing tarift:— Fird—That all susars, not above No. 10 Dutch standard tosting by the polariscupe over ninety-two degrees, He duty as that chargeable on sugar above above N 24 cents per pound, and Serond—T" $ Duteh standard in color—vie., per cent additional thereon, duties now imposed w 16, Daten standard ound and 25 per of the act of March hat_in of “‘phis petition was signed by the following firms and refiners:—Moses Taylor & Co., E. D. Morgan &, Co., 8. & W. Welsh, Havemeyers & Elder, De Castro & Donner Sugar Reining Company, through H. 0. Havemeyer,tmanager; F. 0. Matthiossen & Wiecher’s Sugar Refining Company, through W. A. Wiecher, vice president; North River Sug ning Company, rge H. Moller; Youngs & Co., and Wat- through Ge jen, Toel & aun petition was opposed by many members of the » who refused to sign it, and who have su re ate d, in the form of a petition to Congress, the fol- lowing tariff: Tank bottoms, sirup of sugar cane juice, melado, con- contrated melado and concentrated molasses, and on sugar not above No. 16, Duteh standard in color, two conts per pound. On all sugars bevy No, 16, Datch standard in color, and on all refined sugar, los ut loaf, Inmp, crushed, powdered, granulated and soft ¢ oF yellow (known as coffos ugar»), four cents per pound. Molaseos, six cents por gal- jon. SAMPLERS IN TROUBLE. Collector Merritt received ' yesterday from the Treasury Department o letter stating that sugar importers, brokers and others have been tampering with the employés of the government for the pur- pore of inducing them to violate the Revenuo law. ‘The Collector was notified that he has the power to exctude all such persona from the docks or bonded warchouses where customs officers aro employed upon knowledge of kuch facta being brought to him, Yesterday her, the Appraiser of the Port, py, John Nugent, Jacob Knob- 3. Freeburn, sugar samplers, in This nderst irge of sugar samplers, aud it was intimated at the Custom House that only three samplers out of the thirteen would be retained, rvising Special Agent BK. Tingle Assistant Solicitor of the Treasury, vity yesterday working in conjunction Heme Chamberlain and Curtis on the the to be the beginning of @ wholesale dise mploy of the government, ored that several merchants’ samplers lied from the bonded warehouses and in a fow days for alleged tempering with samplers, fui will be ex) docks with: government FINANCIAL AND COMMERCIAL, The Stock Market Active and Strong. GOLD QUIET AT PAR. Goverment Bonds Weak, States Steady and Railroads Strong, A MONEY ON CALL 4 A 6 PER CENT. WALL STREET, } Faraz, Dec. 20—6 P, M. We intimated yesterday that tho pervading dulness in the stock market foreboded a more active specula tion in the immediate future and, to a considerable extent, this surmise has been already carried out, To-day, business was brisker, transactions were greater and prices more amenable to the snap of the speculative whip. A good deal of the animation was due to the settlement of the much talked of dividends that were likely to be paid, could possibly be paid or would, beyon/ all peradyenture, be paid on the Lake Shore and Michigan Central shares. By midday all doubts of this nature were settled by a declaration of dividends upon both these stocks, At the meeting of Lake Shore directors to-day it was agreed to pay three per cent upon the stock, The net earnings for the past year are stated to be equal to 5!% per cent upon the capital, From this sum after deducting the two dividends for the year, $250,000 paid into the sinking fund, $200,000 to construction account of Pittsburg and Lake Erie road and $77,000 balance of Ashtabula disaster/ficcount, there remains a surplus of $62,000 in the company’s strong box. No mention was made at to-day’s meet- ing of an intention to issue $1,000,000 of equipment bonds, though a report of this sort, industriously circulated in the street, proved sufficient at one time to materially reduce the market value. From yester- day’s closing price of 70%{ Michigan Central rose to 71% to-day, Hore again was agitated the ques- tion of a dividend or non-dividend, Of the betters, “pro or con,” the former were landed winners, a dividend of 2 per cent being declared at to-day’s meeting of directors. Tho statement of affairs is eminently satisfactory. The earnings for the six months ending December 31 are given as actual and estimated to be $359,000, or equal to 43¢ per cent upon the capital. Deducting from this $451,000, which is politely called ‘floating debt,’’ but which in reality covers the previous dividend (paid bnt never earned) and the present dividend of 2 per cent, $375,000, and there is left the sum of $33,000 fora cash balance over and above all liabilitios. There was conspicuous strength in the coal stocks to-day, of which Delaware and Lackawanasa and Jersey Central obtained the greatest benefit. It is thought that the decline in coal, say 70 cents per ton at the last public sale, and some 30 cents more at private sales since, will be influential in forcing the, at present, disorganized trade into an understanding which will compel some sort of acombination for next year. Fears of this kind impelled timid bears to cover their short contrgcts to-day and induced very considerable purchases upon the long side. Al though the early market was weak and sluggish, a better tone was imparted before noon by the railroad dividends and the manifest strength in the anthra cites, and with this feeling the market closed strong and hopeful and at nearly the best figures made dur- ing the day.. The opening, highest, lowest and closing quot» tions of gold and stocks at the New York Stock Ex change to-day were as foilows:— Northwestern pref St. Paul.... St. Paul referred. . B35, 3 136 Del. Lack, and West... 4375 43% BGA Michigan ‘Central... T% a TY Union Pacific 61% = 65% x66 120 119% 119: Wabash .. aL 20% a0: Central of N. Jersey. 8 33 30% 3: Kansas and Texas.... 5K OB 3 G0. anal. C. 6 6 6 Giticago'B and@...b107% ©1083, L0E Ohio and Mississippi. 367% Te Pitteburg...........; 825 824 823g 8, The closing quotations at three P. M. were as fole lows :— i = ‘4 a Mil & St P prof... Ey 73) cl Hg BEN York Contrai-110% 111 Chicago & Alton 7379 ~—-N. J. Central. ‘32; a 7 cht £108 Ohio & Mins, Ohio & Miss 19 Pacifie Mail 6 Panam. 20° 122 Bitte a Fort W. 1046 101 Quicksilver ..... 12 uieksilver pf... aK B3% it Louis AIM... a 13! ry yf BS a Union Tactic? Han & StJo West Union Tol. Ll osuerale Fg Fxg Wabaate : Bt 2g The total sales of stocks at the Board gated 178,153 shares, which were disteibated as follows:—Chicago and Northwest, 23,780; do, preferred, 7,050; Chicago, Bock Island and Pa cific, 1,880; Chicago, Burlington and Quincy, 323; C., C. and I. C., 500; Delaware, Lackawanna and Western, 28,800; Delawaro and Hudson Canal, 1,688; Erie, 5,000; Lake Shore, 53,045; Michigan Central, 7,918; Milwaukee and St. Paul, 5,045; do. preferred, 15,990; Missouri, Kansas and Texas, 1,100; Morris and Essex, 5,300; New Jersey Central, 15,745; Ohio and Mississippi, 1,100; Pacitic Mafl, 100; Pittsburg, 400; Union Pacific, 800; Wabash, 600; Western Union Telegraph, 4,910, Money on call lent at 4 8 5 per cent, and for a while as high as 6 per cent. The following were tho rates of exchange on New York at the undermentioned cities to-day :—Charleston plentiful, buying 3-16 dis- count, selling par; New Orleans, commercial a 5-16, bank 14; St. Louis 25 cents premium; Chicago weak, buying 1-10 discount, selling 1-10 promium, and Boston 25 cents premium. Foreign exchange was nominally unchanged at 4.831, for bankers’ long and 4.883, for demand sterling, with actual business at concessions. Gold was quiet all day at 100 bid and asked, The carrying rates were 1 to 3 per cent, and at the close cash yold lent flat to 2 per cent for bore towing. The Clearing House statement was Currency exchange 64,246,210 Currency balances 3,841, / Gold exchanges 1,969,778 Gold balances 968, —and the gold clerrings at the National Bank of the Btate of New York were Gold balances... $1,099,518 Currency balance: 100,965 Gold clearings. + 8,891,000 Government bonds were fractionally lower to-day and closed at the following quotations ;— Bid, Asked, United States currency sixes ........ 1101% 119% United States sixes, 1481, registered. 1005 106; United States sixes, Iwi, coupon: 0035 109 United States sixes, 1867, register 02 4 102 United States sixes, iso, coupon. 105 6 105. United States sixes, 1468, register 105 - United States sixes —_ United States ton 108 United States te 108 United States five 106 United States fives, 1881, coupon... 100%; 10355 United States 41:'s, 1891, registered. tut 104 United States 414’, 189 tot 104} United States fours, 1907, registerer 9956 998 United States fours, 1907, coupon... 100% 100% The London advices report consola and United States bonds weak. The former declined to 94 & 9414 for money and to 44 a 94% for the account United States 44's opened at iM and fell off to 10694 1867's declined 14, to 104%; fives, 3, to 108%, and ten-forties 4, to 110, Erie declined to 19 a 19%, proferred to 31, Pennsylvania to 3244, and Reading to 1244. New Jersey Central was steady at 32. The sum of £48,000 bullion was withdrawn from the Bang of England to-day on belence. The rate of discount {OONTINUED ON NINTH PAGHJ | | | | ’ | { i | {