The New York Herald Newspaper, January 7, 1879, Page 5

MAYOR COOPER'S MESSAGE Important Reforms Recommended to the City Fathers. STRIKING AT MONOPOLIES Taxes Should Be Reduced and Useless Officials Discharged. Mayor Cooper sent his first message to the new Board of Aldermen yesterday. The document is as follows:— Mayor's Ovrice, Jan. 6, 1879. To THE ComMON — It is the duty of the Mayor “to communicate to the Common Council, at least once .% general statement of the ynces, govermiment and improve- ments of thecity,” and “to recommend * * * all such measures as he shall deem t."* This duty will be performed when I shall have been long enough in o} to become familiar with the actual condition of the various departments of the city government. In the meantime it will not be out of lace to make a fow general suggestions ineeesing. he apolles which it seems to me should be pursu in the municipal administ 5 The public ashorisies are charged with the care of the of the city, protection of life and b Rh aud the supervision of affairs which affect the wellbeing of the whole community, The increase of population and resources which has characterized the city during the present century should not be checked through the want of onterprise and wisdom in utilizing the natural advantages with which New York is favored. By itscommercial relations with all parts of ‘the Union and with foreign peoples by its manufactures, which have steadily es to a very large vol- ume, and by its subordinate industries, our city has thriven hitherto and must continue to thrive. To develop these sources of wealth and p: rity, to invite and accommodate the interchange of the pro- ducts of all countries and to attract’additional capi- tal, skill and labor, it is necessary that the burdens imposed upon commerce by tolls, tharges or ex- actions be lightened; that the facilities of our harbor eud its docks and wharves be extended and. adapted tomodern cheap methods of handling bulky pro- Gucts; that our streets be kept clean and in proper condition for the passage of persons and merchan- dise; that life and property ve protected; that the attractions of our parks and pleasure grounds be jaintained, and that in the newer parts of the city the plans for its extension be comprehensively and intelligently adjusted to the uses tor which it will be occupied, REDUCTION IN 7 PROPOSED. These objects 1 venevo can be attained at a lower rate of taxation than. is now imposed and) without any increase of debt. ‘ue accomplishment of these ends is intrusted to various agoncies deriving their powers from multi- farious statutes, the tendency of which for msny years has been to take from the Common Council ju- T'in divers’ dopartmento, boerde and oficcres ta vers . of ‘whom re now found combined both legislative and administrative functions, ‘Lhe power of determining the amount to be raised by taxation, which, until recently, had been retained by the Legislature, is now vested in a body betore un- known in our municipal affsire—the Boardof Esti- mute and Apportionment, This body the amount of annual taxation and the appro) ons to be expended by the several boards and ts smong which the executive and legislative functions have been distributed. 2 ‘The result 18 a complex system, in which the limit of power is not always clearly defined and responsi- bility not always secured, Experience will probably Suggest to us the necessity for ns ot this system, but at present we have to proceed in the dis- charge of our duties under the laws as we find them. ‘whe extent to which public works, paid for by the city and by assessments on property benefited, ought to be Ply isasabject that will continually force itself upon our attention. It is for us to cou- jider, in this time of financial depression and of eavy taxation, wiich of the improvements required in the upper eae of the city have precedence in the order of public necessity. NEEDED PUBLIC WORKS. Additional tacilities for crossing the Harlem River, by bridges or tunnels, should be provided from time to time, as required. At some points this has long been a pressing public need. The work of repairimg and re; ‘those parts of the city where the business by which At is sup) is transacted, and where peoplo uctu- ally dwell, should be pushed more rapidly, and ude- quate appropriations should be made for this purpose. ‘An abun supply of water is of vital impor- tance. ‘The great reservoir on the middle branch of the Croton, the construction of which has consumed nearly four years, is completed and filled. ‘The aquo- duct should be maintained in thorough repair, and consideration should be given to the increas- id for water, as the city grows, and to qweasures for suppressing waste. The additional high service works to be commenced forthwith will afford much needed reliet to the elevated portions of the city, and should be prosecuted rapidly to cdmpletion. 200 MANY OFFICIALS. There are too many city oflicials, and their salaries are in many instances exvessive. To equalize com- and unnecessary wing the ways in Compensations should of the labor and responsibilities imposed. Where a discretion is vested in the local authorities that dis- cretion should be exercised in the interest of the pub- lic. Where solaries and offices, neediess though they may be, areanchored in provisions of law, legislation aloue gan bring relief. Where the compensation of present incumbents is protected by the constitution provision should be made for reducing the emolu- ducnts of their successors, JUDICIAL AND REVEXUE REFORMS. ‘The heavy expenditures involved in the edministra- tion of justice in this city form a serious item in the burden of taxation. No good citizen will desire to embarrass the courts by insufficient appro} ons, but these expenses can be reduced without it to the public service. The question of excise is, in all its aspects, deeply pg oy The laws now in force, framed for the Stato at large, should be #0 modified as to meet the require- ments of a great metropolis, and secure, by the proper regulation of the traflic upon which they 7 reater revenue in aid of our charities and in reduc- ion of taxation. NO PRIVILEGE WITHOUT COMPENSATION. The revenues of the city should be wore efticiently collected. No lease? franchise or privil should be een without sioqiet return to the city treasury. (0 interest or individual should be permitted to evade Just and legal obligations to. the city. But it is our duty to go further and ascertain to what exteut new sources of income can be opened by imposing taxation upon all corporations and persons who enjoy special privileges and franchises, which do not contribute in the shape of tatation an amount fairly proportioned to the profit which they derive from the public bounty. Without discussing how far it is proper to grant exemption from tax- ation, or to compromise it for fixed or gross pay- ments, it is clear that public opinion will not lo: dustity the enjoyment of profitable privileges whic! escape their tair share of the necessary expenses of the government by which they are protected aud their value is mainisined, To the annual budget of the Board of Estimate and Apportioument, adopted December 31, 1878, I have ‘not yet beea able to give such examination as would warrant 8 review of its various items. In my judg- ment, er, action of this in no wise relleves the heads of ments from respon- sibility for strice economy, They are as truly bound to effect all practicable saving of expenditure within the maxtinum apportioned to them as if that max- imum had not fixed. ‘To the extent of Ey ower I shall hold to accounta- bility all departments and officers of the municipal jovernment, requiwing and expecting from all a carty co-operation in the efficient disc jo of their Feo mot doen it am to remind you that do not deem Pp rem: ‘on that the results of the late Gatch wins bronght about by a deep seated di! in the community with the management of city affairs, To the extent of the wer vested in us we should romove the cuures of ‘his dissutisfaction. Where we do not pos the hecessary power proper representations should be made to the Legislature in order to secure reme:tial measures, To the determination and the cfort to secure au efficient, economical and enlightened adininistration of the public business we should subordinate questions of purely partisan politics, silowiug no individual or political differences interfere with the needed work of retrenchment and preyress. EDWARD COOPER, May: THE NEW ALDERMEN. (ORDAN L, MOTT MADE PRESIDENT AND JACOB M, PATTERSON, JR, CLERK--SPRECH OF Ma, MOTT-—THE REVORMERS CLAIM TUR KUOLLS oY OFFICE, . ‘The new Common Council met promptly at noon yesterday. The Board was called to order by Clerk Twomey, and the following members answered to tho roll call:—Aldermen Michael W. Durus, Frederick Finck, Matthew Stewart, Johm J. Morris, John W. Jacobus and Henry ©. Perley, republicans; Nicholas Haughton, J. Grabem fyatt, Joseph P. Strack, Ler- nard Keuny, Robert Hall, Terence Kiornap and Jor- dan L. Mott, anti-Tammany democrats, and Patrick Keenan, Willian R, Roverta, Thomas Carroll, James Cavanagh, Robert ©, Foster, George Hall, William Bauer, Thomas Sheils and Janws J. Siovin, Tammany democrats, Tho Aldermanic Chamber war crowded with members of former Common Qounciis and other politicians. The lobby was aiso crowded and applause frequently interrupted the proceodings, er, pecially when Mayor Cooper's neme wan mentioned. Alderman Moxvtis was made temporary chairman, ond, after thanking the Juard for the houor conferred upon him, instructed the Clerk to call the roll and obtain from each member his choice for the office ot President for the year 1879, Messrs, Burus, Finck, Roberts, Hall, Haughton, Hyatt, Jacobus, Kenny, Kiernan, Morris, Perley, Stewart and Strack voted for Jordan L. Mott, and Messrs. Carroll, Cavanagh, Foster, Sauer, Sheils and Slevin voted for William R. Roberts, Aldermen Mott having received twelve votes was declared elected, and Messrs. Stewart and Haughton were appointed » committee to conduct the President to the chair. PRESIDENT MOTI’S ADDRESS. Mr. Mott, after returning: thanks for his election, said:—We meet under favorable circumstances, with a Mayor (Mr. Cooper) sieeted by « very large ma- jority, a gentleman of honor and ability, aud one who has the interests of the people uppermost in his mind, Our duty is to support him faithfully and fearlessly 1n all measures tending to the public good. We are of different shades of politics, but let us be uided by one pripel of gnog and wisely econom- feat governeneey for the people, irrespective of part, and to remember the words of one very high im au- thority, that “He who serves the people best serves his party best.” Much depends on us, and people of New York will hold each of us to a strict accountability for each of our official acts. ‘The efforts that have been mude in the past and will bo male in the future to reduce taxation and the city debt should, and I believe will, have an earneat an‘ hearty support.’ The reduction of the debt to the lowest possible amount is most desirable, but let it be done with wisdom and be a substantial good—not in o way to make a good exhibit by neglecting to take proper care of the public property or by perleccing ‘our streets, avenues and public parks, that in the near tuture will require thousands to rebuild or re- ave when & comparatively small amount ju- icioucly expended will answer to preserve. 1 would respectfully ask our wealthy, respectuble and: in- flucntial citizens to reflect ou What they owe to them- selves and the example they set to others, Iystead of criticismg ulmost eyery official act done by their resentatives, would it not be better tor them to take a direct interest in politics on one side or the other and so Absa political affairs that noue but the best men shall be nominated for responsible posi- tions? -Attention to primary meeti nomi- nating conventions, matters considered of no mnportanes by them, might have immense in- 5 ge on local affair I will not speak of the different departments under the city gov- ernment, because I am not sufficiently in- formed of the business transacted by each, and I think that His Honor the Mayor will soon send # communication to the Board that will embody hie opinions on the subject. In conclusion, let me remind you that the discussions in the press aud on the platform of public issues during the last campaign have educated and informed every citizen ot this the Empire City, and the result is the people, without regard to party, demand a rigid economy and retrenchment in p' affairs. We have given the people promises which must be kept. Let us see to it that the issues on which we were elected shall not prove to have been the mere watchwords of a political campaign, but rather the pitented faith of good and true men, given to those who have honored us by their 1 and confidenee. ‘The lessons of adversity have their uses.” In every home the stringency of the times has compelled cconomy. The citizen forced to surrender every luxury and many of the comforts of his family to the stern demands of the hard times regards with indignation and as a rsonal Ripe # any form of public wastefulness. I ask you to insist that faith be kept with the ple, that they be uot mocked with promises lightly to be broken. Our powers are lineited, but let us insist that the present g] yj COR- trast between extravi it salaries of rich officials ‘and wages of needy laboring men shall no longer exist. In this,the people's demand, I invite, with the fullest confidence in receiving it, the exrnest and unflinthing efforts of you, the people's dircct and nearest representatives. And at the close of our labors let us all indulge the hope that we may, cach and every one, on surrendering the trusts which have been confided to us, receive the honorable ver- dict of ‘Well done thou good and faithful servant.” THE SPOILS OF OFFICE. The question of who should be appointed Ser- Fete ares of the new Board of Aldermen created some little discussion at yesterday's session. Mr. Jacob M. Patterson, Jr., the candidate of the anti- Tammany and republican members for the position of clerk was successtul by a vote of 12 to 8 over Mar- tin P. Killiun, the candidate of the Tammany City Fathers, Al Morris then offered a resolution appointing Mr. Albert Osborne to the position of Sergeant-at-Arms. Alderman Roberts in:mediately proposed the name of Mr. James Walsh for the office, and in speaking on the subject said that Mr. Walsh had been Sergeunt-at-Arms for a number of yeurs, aud'during his whole life not a word had been breathed against him. He was a very old man, and his gray hairs should obtain some sympathy for him. He should not be cast of now atter passing the’ beat years of his life in the service of the city. If there was a drop of democratic blood in tho veins of his colleagues he asked them to show it by refusing to put out of office this faithful public servant. Civil service reform has been heralded tar and wide throughout the land and the bewuties of the system have been pointed out time and aguin. If the party who controls this Board want to show their inde- pendence, if they want to assert their confidence in a mun who bas never proved false to the democratic Frinpinee which he professes, let them support ames Walsh for the on of Sergeant-at-Arms. The remarks of Mr, rts produced @ visible im- pression on the other members of the Board, but Osborne obtained the position by a vote of 13 to 9, the Tammany members all supporting Mr. Walsh. ‘The lutter gontleman is the futher of the late County Clerk Walsh, Mr, Francia Jd. Twomey will be made Deputy Clerk of the Board. ‘The other clerks will be appointed to-day. A CHECK ON STEAM HEATING. MAYOR COOPER geENDS IN His FIRST VETO TO THE OLD BOARD OF ALDERMEN—NO PERMIS- SION TO PRIVATE INDIVIDUALS TO LAY MAINS IN THE STREETS OF THIS CITY. President Roberts called the old Board of Alder- men to order for the last time shortly after eleven A. M. yesterday. Messrs, Reilly, Bigiin, Waehner and Hall were absent. When the Minutes of the last meeting had been read and approved the following ‘veto message was received from Mayor Cooper—the first which that official has as yet written:— Exxcotive Devawtwent, Crry Haut, New Yous, Jin, 6, 1879. To rue Boanp oF ALDERMEN :— Thorowith return, withoat my approval, the resolution adopted by the Board of Aldermen, December 28, 1873, granting to William ff. Wobb, Joseph Haight and others, ermisnion to use t ‘avouucs and public place bis eity for tho pit mains and pipes thei hot air, or steam. r nion the aon has not the power to rant the privilege intended to be conferred by said resoln- ion. Ivitha such power it should itself have fixed the comiponsation, tm 4 and conditions under which the privilege should be exercised. EDWARD COOPER, Mayor. Alderman Sauer expressed a doubt as to the right of Mayor Cooper to vetg a measures which bad been passed by a Board other than the new Common Council for 1879. Some further discussion ensued, after which the matter was reterred to the Corpora- tion Counsel for his opinion. Mayor Cooper, however, before sending in the veto, obtained the following official opinion trom Mr. Whitney :— . Law Deeanrurse, Orrick oF THE CouNsKL To THE (Gorernsiiox,¢ Nuw York, Jan. 4, 1979, Mayor :-— question submitted tome on the 2d inst, by you—viz,, as to an ordinance or resolution passed by the Board of Aldermen ber BS Lawt—th Me coming in nuary 6, at twelve o cloek, neo mare open to the Ma she a right to hold the same under co has ton days within whieh to act upe jnances passed by the Board of Aldermen, the mode of computation is to exclude. the first day from prtation and include th and the ten ive upon January 7, way the Mayor ea. we by way of veto or I, has the lective the nection of Tee tend Se Alder. id. C think, be the offect in the case under jt should be returned within the ten days ned by the Mayor, be retarned, we jections, it would necessarily fail, Tr % could not act ou av because they have ni ays of life, and it ts necessary for a veto to He ot table ten days before activn can be bad thereon. The new Board could not act, se all unfinished business of the old aR, ge pelea hem—an LM ged legisiative net dios with the body, Very respectfully you Ae. OWEN Cosel eo ch Hon, Eowanp Coorr have examined th CORPORATION COUNSEL WHITNEY DECLARES THAT THE ALDERMEN HAVE NOT THE POWER TO PASS A RESOLUTION GIVING A FRANCHISE TO PRIVATE INDIVIDUALS, AND THAT THE RESOLUTIONS SO PASSED ARE NULL AND VorD, The following comprehensive opinion of Cor, poration Counsel William ©. Whitney has been sent to Mayor Cooper. As will be soon, it does away with all the specious arguments used by General Spinola aud “his aasociates,” as well a8 those put forward in the interes’ of what is known as the “Prall steam heating project” ‘UPFiCk OF THE CotNseE To THY ConronATION, } New Yous, Jan, 4 187%, Hon. Eowann Cooren, Mayor :— Dean Sim have considered the ations submitted by w me in regard to « rosviution adopted by tie ¢ mon Oonnell on December 28, 187, whieh gives perm Ata orn to toW aud othe ti Mt pt the Tand constituting many of the public Pein this elty Is vested in tt ae ving bee red by grants f 10, by Vom dings nud by from feo of other streets, avenex and public places is still held by individuals, although the hurd goustiiuring the aime das been dedicated to publi ein the wvity or indiv Blaces are pblte igh can Jaw Bio to use the auetiace ol" then, Ser 0 surface Host" nas® ween "sentoteed perntis: the | soil the city nor in an: prossly empowers t the wi act of the Legislature which ex- Common Couneit te t any of (0 be used for the pur- 4, in ay pinion, the . does Dt C is resolution. time for whieh the permission is iiven, uor doos it e to thi y ae right (o repeal it. If, there ould Tawfully permit ‘the pu 4 to be used for the purposes mentioned and tho persons therein named should accept rivilege aud exercise, the powers couterted 4 contract een the city and the igrantovs ied ov impaired by the the bogislature. ic the Jommon Council, and perks In such casa, no matter bi tevests might be aifec and pipos fo led. loners might or might not impose condiriv’ limitations which would be effectual for this purposy. id fact that tho resolution itself does not contain any imitatio in reward to the duration of the graut, nor any reservation of the right to anuul it, renders the resolution invalid. It is well sortied that the Common Council eaanot tie up nor authorize other officers of the city ro He up ity legislative powers by making a contract of this character. Third-—the resolution is invalld, "because it grants a fran- chise to private individuals. A franchise is « “privilege gonterved by grant from the government and vested in in- dividuals.” Phe resolution does not purport to grant ex- # persons thergin named, but a “inonopoly is uot an tial feature of a franchise.” ‘Tho «rautoos aro given the right to lay mutiny jn tho gtreota, avenues and public places, aud to use them for certain purposes. The elty and ity iibabitauts might haps be Uonefited by having bout ont in ty , but the m: an elusive privileges to pipes bel ould tay th e ald uno we to pay for it. and if) the enterprise uy profits derived from furnishing the tw the grantees or their assig: t sects to tie, therefore, that the resolution, if valid, would undonbted!y coufer upon the srantees « franchi The power to rant trai i formerly a prerozutive of the Crown, ai ghuaivoly in’ the: Lovislasure, The uch franchises’ directly, or may, author! a Council or other ofticers of a municipal corporation to grant ope Nelther the old charters of the city ner suy act of islature yrants thy privileges mei m nor authorizes the Comion Ci them, and the resolution ir therefore ultra vir T think that the above three objections (o thi are fully sustained by the decisions of the Conrt of Appeals of this State, in Davis vs, the Mayor (14 N. ¥., Sis) and Methau va, Sharpe (27 N. ¥., 621), and by other decisions of the courte Iu this country aud in 'Engiand, Fourth—The resolution is invalid because it attempts to delegate to the Commissioners of the Sinking Fund logis- lative powors which, if they existed, would lrave to be exer. cised by the Common Council itself. Dillon on Municipal Corporations, section 60, note 2, citing umerons casos, “The principle is a plain ohe that the public power d by law or charter npon the Council or 0 be oxercined by it whon and in auch all judge best, caunot be delegated to ioned ‘in this neil to grant other Is doctrine has boen recently reaffirmed and applied by the Court of Appeals of this State in passing upon an ord nance of the Common Council of this city which authorized lie Works to do certain work nner as he might deem for the in- terest of the city. Section Yi of the act of 1873 requires work for the city invelying an expenditure of more than $1.00 to be done by contract, made by pabiic letting, un- ess “otherwise ordered” by a vote of three-fourths of the Common Council. The Court held that not done by contract the should be done must he ex and that it could avt de! Public Works tho right t an astessment for work done by the Com said ordinance was vacated 1 ou Counell, ixsioner of retion; and uissioners under to tho issioner such discretios under consideration declared that th under such conditions and limitations ay the Con ers of the Sinkiny Fund may deem p sity from damage and insure prompt wet the above named parties in laying said mains and pipes under tho direction of the Commisniongr of Public Works.” Tthink that if the Common Connell had the power to Pass a resolution granting the portission in question, it would be necessary that tho “conditions” and “Limitat Shove meutioned should be preseribed by the Common cil itwelt. ‘The provisiop above quoted makos the present rosolution invalid, and for the other reasons above sot forth 1 think the Common Coun not luwfuliy pase any resolution hich will e powers and privileges atteinpted to bo ven by this resolution, Tam, yours vory Yospectfnlty, eC, WHITNEY, * Counsel to the Corporation. MAYOR ELY’S LAST VETO. The following veto message—tho last official act of Mayor Ely—was read at the final meeting of the old Board of Aldermen yesterday and laid on the table:-— Exxcurive Derartasyt, i New Yous, D To tx Hoxonasix tne Comuox Covxcr GextLEMEN—I_ herewith return without m resolution granting permission to K.P. Childs and other versons to lay wires for conducting electricity through the streets of the city. ‘As Thave ulready approved one resolution granting per- mission to certain persons to lay wires for the same pur- pose as proposed by this resolution, 1 am uawilling to tultiply the permissions to take up the public streets by granttag any further permission of this kind at tho present time, SMITH ELY, Jr., Mayor, Crm Haut » 31, 1878. approval the RECALCITRANT TAMMANYITES. At the frst session of every Board of Aldermen it is customary to appoint five members to serve on the Finance Committee for the ensuing year, The chair- man of this committee becomes by virtue of his office a member of the Board of Sinking Fund Com- missioners, which has charge of the revenues de- rived by the city from various sources. President Mott yesterday named as this committee Aldermen Haughton, Morris, Robert Hall, Burns and Roberts. ‘As will be seen, Mr. Roberts was the only Tammany Alderman on the list, and when this fact became known to him he asked to be excused from serving, saying that he could not do 80 with justice to his party or respect to himself. Ho thought that apne-fifth representation on a committee was not enough for the minority. Last year, when the re- publicans were ina very small minority, they were iven a two-fifths representation on all committees of five members, anda one-third representation on all other committees. That was all he asked at present, and,in case the request was not granted, then must respectfully decline to serve. President Mott then appointed in succession every ‘Tammany Alderman, but each, in turn, declined to serve, for the reason given by Mr. Roverts. | Mr. Mott said that since none of the minority would serve, he would make up the comumitteo by the addi- tion of another member irom the majority. He named Alderman Kenny for the position, and the dis- cussion was closed by Alderman Strack, who warned the Board that if there was any more wrangling the sessions would become “a regular circus.”” MUNICIPAL NOTES. Alderman Sheils had passed, at yesterday's session ofthe new Common Council, aresolution requesting the Commissioners of Charities and Correction to distribute a portion of the 340,000 intrusted to them for the support of the outdoor poor. Five hundred copies of Mayor Cooper's messago were ordered to be printed in document form. Mr, Jacob A. Hatzel, who claims to buve been elected Alderman over George Hall, who is a member of the new Loard, yesterday sent in a paper contain- ig a statement of his side of the case. The matter was referred to a special committer, consisting of Aldermen Robert Hall, Stewart and Sievin, Alderman Morris yesterday sought to have a resolu- tion passed in the new Ropes e es ptety ting or Cooper to investigate the charges made in rels- wee to Riverside drive. “MY. Boberts mado ® speech ayainst the measure, aud his motion to lay the matter over was carried, President Mott and other members voting with the Tammany men. The Board of Alicrmen will moet again on Tuesday next at two P. M. emocentlyinmanctemetinss BROOKLYN'S CITY GOVERN MENY, THE TEMPORARY AND PERMANENT DEBT—-AN INTERESTING ARRAY OF FIGURES FOR TAX- PAYERS—RAPID TRANSIT FAVORED—A sPEKDY COMPLETION OF THE EAST RIVER BRIDGE RECOMMENDED, Pursuant to the requirements of the Brookiyn ebarter, Mayor Howell, of that city, submitted a mes- sage yesterday, setting forth to the Common Council the condition of that municipal goverament aud making suggestions touching its conduct and tin- provement. Referring to the debt the Mayor says :— “While our Suancial situation is such as to occasion great concern and anxicty to those who are at present intrusted with the administration of our municipal affairs, Tum far from saying there is any- thing exceptional in our situation as compared with that of other cities, Brooklyn ie going through the experience which has been made familiar to thou- sands of her individual citizens. The debts they con- tracted when it seemed easy to carry them or to pay thom remain. The resources relied upon to nicet them have been greatly lessened. The situation is made more embarrasving in the case of the eity by the fact that a not inconsiderable part of its bonded debt has been contracted, often against tho wishes of her own people, in the real or assumed. interest of * al clusses of her property Owners, who are now wnabie to meet their legal o} ations, THE C1LY DEBT. “T invite your attention to the following recapitu tion of tho ¢ity debt and the ppenges whieh have oc- curred in the various items witbin the eleven months commencing on the 1st of January last and ending on the Ist of December, 1878 1— January 1, 1878, December 1, Permanent debt. Water loan... Temporary debt ‘Tax certificates ‘Totals... $40,006,500 Less sinking taud 4,600,747 Grand totals... $96,239,753, Tnerease within tho y HB EAST RIVER BRIDOR. Hoe says:—'Shere can be no two opinions as to the urgent necessity of a speedy completion of the Kast River bridge. Whatever may have been originally the trne ground as to the wisdom of building this expensive structure, or as to the manner of its con- struction, both cities, ond SN Brooklyn, have gow too much money invested in the enterprise to NEW YORK HERALD, TUESDAY, JANUARY 7, 1879.—TRIPLE SHEET. ; tolerate a suggestion that the work should be either ebandoned or suspended, Brooklyn hus already out- standing bonds to the amount of $7,400,009, and New York has also outstanding bonds to the smount of $3,000,000, the proceeds of which have already gone to the erection of the bridge. it is quite clear that 4 further expenditure of less than $4,000,000 will com- plete the work, From the foregoing views you will anticips. that I favor a resort to the Legisliture for such an act as will terminate a fruitless Litigation and entorce a specdy completion ot the bridge, pursuant to the understanding which has from the first accom- panied its construction.” He invites attention to the report of the Depart- ment of Assessments, which shows the assessed Yaiuation of the new buildings erceted within the year to be $3,067,300, which shows that “builders Tetain all their old confidence iu the tuture ot the city.” The rate of taxation for the current year 1s $2 reduction of about one-fourth within four ORGANIZATION OF THE COMMON COUNCIL—WILL- IAM #H. BAY ELECTED PRESIDENT OF THE BOARD—-DISTRIBUTION OF THE PATRONAGE, ‘The Brookiyn Board of Aldermen met aud organ- ized for the current year yesierday afternoon. The lobby of the Common Council chamber was thronged during the proceedings, in anticipation of the eppoint- ments which were expected to be made, ‘The repub- licans held a caucus in the forenoon, at which Aldermsu Daniel O’Reiily, independent democrat, was present, by invitation of the republicans, who have a majority of seven members in the new Bosrd. Alderman French was called to the chair and Ajder- manu Willian H. Ray, Thirteenth ward, was nomi- nated for President of the Bo: A vote being taken it was auvounced that Alderman Ray had received 14 votes, Alderinan Black 7 and Alderman Dreyer 1. Al- derman Ray was, therefore, declared elected, and he was concucted to the chwir, Isaae A, Crane was elected clerk of the committees at s salary of $1,200 per year. William L. Franks was appointed assistant clerk in place of E. W. Price. Sergeaut-at-Arms Alexander Ray was reappointed to that po- sition at # salary of $700. AL a salary Thomas H. Rodgers was assistant sergeant at-arms. Last year Ray’s salary was 31,000, and he hud no assistant. James H, Butler was appointed messenger in place of John B. Ennis, at a salary of $900. Godfrey Lincks was elected superintendent of the Truant Home in place of John Galvin and Mrs. Lincks was chosen matron of that institution. James Williams was appointed sealer ot weights and ineasures for the Second dis- trict; Charles man and John Allen for the Third district; Adoiph Wilson and William Grit- linger for the Fourth district. Patrick avan Was: appéinted keeper of the Twelfth ward -bath, and Benjamin E. Chapman ot the Eastern district bath. Several watchmen and assistant keepers were also i deaey tor. The annual message of His Honor yor Howell was then read by Deputy Clerk McNa- mala. Hi wanordéted by the Bourd thas 1,000 copies of the message be printed in English and 300 in the German langhage. “Alderman Hucker, of the 'fwenty- frst ward, made ® motiov that, ag Commissioners Bennett and Flaherty, of the Board of City Works, together with Peter Milne, Water Purveyor, and Mi- chael J. Dody, Inspector, had recently been indicted by the Grand Jury for couspiracy to defraud the city, that the President appoint a committee to investigate the affairs of the Department of City Works. Alder- man Daniel O'Reilly, of the Twelfth ward, offered as an amendment that the Third avenue sewer be in- cluded in the investigation. The amendment was ac- cepted and the resolutions carried by a vote of 20 to 4 suniar inted ‘HELPING “NAN. CAPTAIN BOYTON'S APPEAL TO THE MEMBERS OF THE STOCK EXCHANGE RESPONDED TO GENELOUSLY--BRIGHT OUTLOOK FOR THE VOL- UNTEER LIFE SAVING CORPS. Yesterday was a red letter day to ‘‘Nan,” the news- boy, and his gallant comrades. Captain Paul Boy- ton’s agreement to help the boys in their plans was partially redeemed yesterday, and the volunteer life saving service is in @ fair way to be en established fact. In the morning the Captain visited Mr. Stough- ton, of the Maritime Exchange, and had a long con- versation with him in regard to the projected enter- prise. After examining the records of the boys, Mr. Stoughton told the Captain that he was fully-satis- fied the corps would prove efficient and a great bene- fit to the city.” The Maritime Exchange subscription list will be opened to-day, and it is likely that the members will respond generously. ‘The promise made to Captain Boyton last Saturday by the members of the Stock ite was verified esterday in a manner that delight not o1 the famous life saver but also “Nau” himself and Gil- bert Long, who were present. “I tell you what,” said “Nan,” ‘dem gentlemen iz bricks.” Mr, Broad- head, chairman of the Committee of ements, kindly took the matter in hand, and, although the list was oponed but a few minutes before the hour of closing, $100 was pledge’. ‘This greatly encourages tho Captain, who fecls confident that he will soon raise the $1,000 or $1,200 required. ‘The Captain next called upon Mayor Cooper, before whou he laid the case. The Mayor promised’ his ac- tive support, but expressed fears that the city could do but little, as the yearly appropriations had already been made. After finishing up the business with the Mayor and Stock Exchange the Captain pre- ared subscription listsfor the Maritime Exchange, Produce tischange and Cotton Exchange. These lists will be put forward to-day, and from all appearances itis probable that they will come forwi fully as liberally as did the Stock Exchange members. Messrs. Lang & Robinson, four merchants, of Nos. 1 and 2 South street, wrote a letter to Captain Boyton yester- day informing him that if “Nan” would call at their lace of business a fifteen foot lap streak boat will Be given the volunteers. The Captain has accepted this offer, and says it will be # very useful addition to their apparatus, Yesterday the boys were pre- sented With caps by the Captain, such as he wears himself. | They are peak caps, adorned on the front with a red Geneva cross on a white ground, Captain Boyton says that he is bound to see the boys through in their humble attempt at philanthropy, even if he has to lecture for funds, Said in” last evening, ‘“Dere’s nothin’ like hevin’ a French capting in de case. If you tink he’s a fluke you make a gran’ mistake.” ECONOMY IN COOKING. MISS JULIET CORSON’S LESSONS TO CHTILDREN— HOW TO LIVE CHEAPLY ILLUSTRATED PRACTI- CALLY. Tu the basement of a house on the north side of Union square, No, 33 East Seventeenth street, ia one of the cosigst and most complete little rooms tor cooking purposes that the gastronomic world can boast of, Miss Juliet Corson is the presid- ing deity, and yesterday she brought into this little room a few neophytes in te art of cooking. At half-past three o'clock there were in the gastronomic headquarters three young girls, none over ten years; three very pretty maidens of uncertain age, all unmarried (so they distinctly said); four old ladies aud four reporters. The kitchen was, therefore, not overcrowded, and the remarks of the fair lecturess fell not on unprofitable ground. “Now,” said Miss Corson, “liver rolls are very easily obtained and cooked.” The children tied up the rolls, pow and then looking wistfully at Miss Corsou, and a nod of approbation was invariably the answer, This course of lessons is desigued for the iustruction of the young daughters of the working people in the preparation of those simple dishes which add variety to datly fure without increasing the cost. Miss Corson selects for soup materials fresh moat and untainted vegetables. Lhe average cost of each dish of soup is tweive cents. Many reformers would hive been driven crazy yesterday by the bungling attempts of their proteges. 1t was the first expericnce o: the littie yiris, but they wore quick and®apt. The course of Lage | is omtiny American. Mrs. Judge Daly sensibly said yesterday, “No English woman can cook for us, Our dishes re- quire @ cook who knows them thoroughly. Why should we hayo yeople who turn up their noses at ou? way of living?” First came liver rolls. Beef's liver is apt to be strong in taste unless it is well cut. From the glow- ing stove to the bench the earnest lecturess moved rapidly and incessantly. Her voice was low, but she emphasized her remarks with the gesticnlation of @ frying pan or a griddle more signifi- cantly than age Dr. ‘Taimage when he tells” Brookiyn How naughty New York is. potatoes, soooped Miss Corson took out half boiled, aud made a very delicious and very cheap dish of them, She made coffee at a moment's notice ina pitcher, three tabiespoonfuls to one quart of water. The process was as follows#:—Put the dry ground coffee over the jire. Then pour # bait pint of boiling water on the coffeo, Stir it steadily for three minutes and then pour on tho rest of the water. “but, please, Miss Corson,” Mrs. Stuart, “re- peat that over again. Only three spoonfuls of cof- tee? Suppose the gentlemen wants his coffee very strona." “Then,” said Miss Corson, “suit yourself, or rather suit him; Lonly look toward plain and economical cooking. On to-morrow Captain Bogardus will commence, for a bet of $1,000 even, the task of breaking 6,000 glass balls out of 6,200. He also bets $500 against $1,000 that he will break 6,000 out of 6,100; and he further dete $100 against $1,000 that he will break 6,000 with- out @ mise—to shoot at 3, . This seems almost incredible, but the osition with the money. aiuateh with Mr, Abe Kleinman, of Chicago, the cham- jon pigeon shot of America, siving him 400 broken Batts "i 1,000, wmatah ia’ to Us alot an tho last 1,000 of each the shooting to commence at t da eleven A. M., and. to close at eleven P.M. ‘The Cap- tain has been hard at work for tho last tew days pre- en | his ammunition for the contest. When it is ‘OWN that over one hundred pounds of powder and more than six hundred pounds of shot are required some idea of the magnitude of the job on hand can be imagined, This will be the fivet 7 attempt of Captain Bogardus since be ret’ from his tri- umphs i England, FINE JOHN PORTER, Strong Argument by His Counsel. CORRECTING THE RECORD. Why Porter Could Not Obey Pope’s Order. AN APPEAL FOR JUSTICE. Wesr Pour, Jan. 6, 1879. The session of the Board of Inquiry in the case of General Fitz John Porter was ceeupied to-day by Mr. Joba ©. Bullitt, the senior counsel of the petitioner, and weil known as@ prominent lawyer at the bar of Philadelphia. His argument, which took the entire day, was terse, vigorous and interesting, and bristled with quotations from the evidence flustra- tive of his various points, which he used effeetively and with the skill of un experienced advocate. Mr. Bullitt began with @ statement of the charges and specifications in the case, and a consideration of the duties of the Board, which are peculiar and different from those of any other military board ever before convened, “The findings of the court martial in 1863 are entitled to your respect, but are not binding if you think them erroncous,”’ suid the counsel. ‘The approval of the tindings and sentence by President Lincoln are also entitled to your respect, but are not binding if you find that his approval was given under a misapprehension as to tif true state of the facts. Your Board are acting under the pardoning power of the President, and are selected by the President, because from official lite and experience you are competent to examine and advise him. We are not invoking the pardoning power upon the grounds ot mercy, but justice. The sequence of the foregoing is that General Porter must meet the charges frankly. He can invoke no technical rules by way of defence. He must show thet the findings of the court martial were clearly erroneous and that the approval by President Lincoln was given under a mistuke as to what the real facts were. The onus is upon him.” CONSIDERING POPE'S ORDER. The first point considered was the order of the after, noon of August 27, 1862, from Pope to Porter, to march at one o’clock in the morning following, of which order he was found guilty of disobedience in having delayed to start bis corpstill three A. M. Mr. Bullitt claimed that General Porter could not have acted otherwise under the circumstances, He first, on receipt of General Pope's order, called his division commanders, Generals Morell, Sykes and Butterfield, together and told them what was to be done. These officers have all testified that there were three reasons. why a literal compliance with the order was out of the question—viz., the fatigue of the’ troops, the ex- cessive darkness of the night and the blocked up con- dition of the road. On these three points Mr. Bullitt quoted extensively from the evidence:— Licntouant Colonel Myers, who, a8 Chief Quartermaster to General MeDowetl, hud charge of the trains passing over thin road on the nijsht of the 27th. states that he was up nearly all night. THe was usked the following questions :— “Q. You have beeu undersvood to say that the wagons were rolling all nizht? A. Yox, sir; coming into park, 45 they got wlong all night.” Tho rear wagous take # long tiwe to ne up in a long train of two thousand or three thou- were coming into park all night from the ir, wherever they could tind a place to After considering other evidence to the sanie effect Mr. Bullitt said:—“What better evidence of the ob- structions in the road could have been adduced ? Three thousand wagons, if following closely each other in one line, allowing forty feet to # wagon, would have occupied a space of not less than twenty- two to twenty-three miles, on the very road Gencral Porter's corps would have to march over, But as- suming they moved four abreast they would have taken up five to six miles. What could ensue but in- extricable confusion to have attempted to march over such a road as this was, on a dark night, with "3,000 wagons ahcad of him? Ican conceive of no stronger evidence that could be adduced to sustain and justify General Porter in his determination to change the hour of moving, and yet the Judge Advocate omitted every word about the two to three thousand wagons. An order is received directing # gencral in command, ten miles off, to march at one o'clock at night, He calls his general officers together, lays the order before them, saying they haye time forashort nap. They remonstrate against. marching at that time, on account of the darkness and the fatigue of the ‘troops. He replies, there was the order and it must be obeyed. The messenger who brings the order says it was very dark and that the road was full of teams, The oiti- cers then urge that it would be impossible to march on account of the teams. The General goes out and finds the darkness so apparent, aad that it was such an impossibility to march, that he names the hour of three, instead of one, for the march. WAS IT POSSIBLE FOR PORTER TO OBEY? “I do not maintain that General Porter was not bound to reach Bristow Station by daylight if he could have done so with hiscorps. But thut being impossi- ble he was not bound to do so futile and useless thing as to have had his troops up and under anns from three to five hours berore they could move, and thereby disable them from the performance of the very service for whieh they were intended, General Pope's order was written at Lalf-past six P. M. of the 27th, at Bristow Station, ten miles distant. How was it pos- sible for General Pope to have torescen the condi- tions which would surround General Porter at that distunco, and. some five or six hours afterward? How could he determine whether the character of the night, the fatigue of the troops and the obstruc- tions of the road would not prevent General Porter from marching at one? Iam not fariliar, of course, with military movements, but I cau well imagine that when a commanding officer has charge of nine to ten thousand men he must carefully consider how he is to move them so 4 to proserve order, discipline and efficiency, Ican imagine the anxiety of Generals Morell, Sykes and Butterfield that their commands should not be demoralized by uscless loss of rest. I can understand that the efficiency of the Fifth corps (which was conteswedly one of the best in the army) was such by reason of the good judgment exercised by their othicers in discipline and in handling them, whether in camp, onthe march or in battle, Again; Tcan understand that if a fife ex officer is present, and thns fully informed of existing conditions, and gives au order, passive obedicuve must be given to it by all subordinate officers and men. But thet rule cap only apply when the commanding general 1s so present. A niilitary order exacts passive obedi- ence only when it ik given by a superior who is pres- ent on the spot wt the moment when he gives it. Having then knowledge of the state of things he can listen to the objections and give the necessary explu- uations to i dor.” The subject of the “joint order” (#0 called) to Generals McDowell and Porter, of August 29, 1862, was. next taken wp by Mr. Batlitt and very fully’ and critically analyzed, and was, perhaps, the most forei- ble part of POIN' RBRATED ORDER. ‘This order contained the following directions;— wt they were to move with thelr Joint conamands le. Hnoevi Sigel and Reno in the direction of it, communieaion , aad then the whole erals Heiuteelma Warrington pik and were then not far fro ablished with that for ould halt. Third—That (he troops must occupy a position from which y conid fall buck behind Bull Run at Coutreville that morning considerable advantages were to be gained by departing trom this order it would not be carried out, Ah—That General McDowell should instruct General Ricketts to Joi the other divisions of lis corps as soon as practicable. The counsel claimed that under this order Me- Dowell assumed command, and that by moving off in the morning and taking King’s division with him Porter was left with the 9,000 or 10,000 mon of his corps confronting the enemy in very superior num- bers (as McDowell had reason to know), and that Porter was bound to exercise his discretion in wo- cordance with the fourth clause above given. “Me- Dowell end Lieutenant Colonel Smith admit the er- ror of their testimony at the trial,” said Mr. Bullitt, “in the position they assigned Portor thatday. Of the other two who gave the same mistaken evidence, Roberts is dead and Pope sulks, and thus prevents us from bringing him to penitence tor his wrong- doing. How can such evidence stand the overthrow wo have given it? Wo prove Porter's exact position by Warren, Sykes, Morell, Butterfield, Buchanan, Griffin, Locke, Martin, Davis, Earle, Weld, Baker, Marshall, Randal, Stevenson, Johnson and every other man in the corps who was examined.” OXNERAL M'DOWRLL'S EVIDENCE. With regard to the question whether Porter and hin corps knew of the fighting by the rest of Pope's army on the wth, and whether there wae, in fact, any more than ‘occasional Sighting by brigades, Mr. Bh Hitt quoted extensively from the testimony in sup rt of his position, He was particularly severe on Beherat McDowell throughout these branches of the ing that officer with having repoat- himself and citing the evidence to “Por sixteen years,” said the coun- sel, a8 A Porter to rost under this terrible sentence, produced in the main by the false impres- sion given by his own testimony. And now the truth has to be wrung from him by Most search- g and unreleating cross-examination.” Any person heard Mr. Choate’s cross-examination of General ument, chat exily contradicte rove the charge. i allow McDowell at Governor’s Island scarcely marvel at ;he adjeciives use. in describing that remarkabie ove I. t that (here was no such “terriiic battle with the con- bined torces of the enemy, lasting all day,”’ as de- scribed by General Pope, and that the indications were those of desultory aud ee op sagt d Tight en- vagements, was illustrated atlength by the testimony of both Union aud Confederate oflicers, and the coun- sel then passed to a discussion of the famous “4:30 P. M. order.” He claini®d that, whether the witnesses were “counted or weighed,” the ques- tion was no longer an open one that the order did not and could not possibly Lave General Porter till from half-past six to'seven P. M., and that the only two wituesses to the claim that it was delivered earlier must be at best mistaken, and cannot sot aside the positive evidence of Generals Sykes, F. T. Locke, Assistant Adjutant General of the Fitth corps, General Stephen M. Weld, Ceptain Mon- teith and Lieutenant Ingham, who were all mt when the order errived. ‘fhe additional evidence of Captain Moale and Lieutenant Jones, of the United States Army, that Captain Pope suid afew years ago that he lost his way and did not deliver the order till about dark, was also brought in, and the confusion in the new testimony of Captain Pope and his orderly was dwelt on at length. PO) > CONVICTION ‘That Porter knew of Lougst front el! day on the 2h of An with diserstion and i y part of the argument, th ing that “instead of havis ‘ been c i course he deserved the highest commendation.” As to Porter's auinus, the counsel was very explicit and direct in his comments on some of the witnesses, and contrasted the evidence of the witnesses with the highest skill of the advoe: In conclusion Mr. Bullitt said that “how the t martial in 1863 came to convict Genera! Porter was then a matter of wou- October wil pNiusr. i's presence in his 1502, and acted der and ix still, ‘Tho sentence showed they had no faith in’ the propriety of the convic- tion. Else, why not have ordered him to be shot? ‘The truth is, they made several material mistukes, First, as to Porter's location; sccond, as to a retreat by him; third, as to the presence of Longstreet; fourth, as to the battle of the 2%h of August by the rest of Pope's army; fifth, as to time of delivery of the half-past four order. The time has come for tying those crrors, and it can now be done. eral Porter bas appealed to the pardqning power of the President—uot that he may receive executive clemency as a criminal; not that he may be restored to the rights of a ‘be- cause of services rendered to his count: by his good conduct he has shown himself worthy of being relieved from the burden put upon him. All theee are true, but lo would not sccepé on any such conditions. He seeks vindication and asks that jus- tice may be done him. He appeals to the authorities of his government to restore to him his good name, becauso unjustly and wrongfully deprived of it. This he now asks at your hands, as being his just due under the evidence.’" Mr. Bullitt’s address was a powerful and analytical argument, showing great care in the preparation and athorough knowledge of the subject. The Judge Advocate will begin his reply on Wednesday. THE DUKE OF MAGENTA. Newmanxer, Eygland, Dec. 21, 1878. Mr. Lorillard’s colt Duke of Magenta, who has been suffering from a severe attack of lung fever, has so far recovered as to be able to take gentle exercise. A week ago it seemed impossible for him to get over the complaint, but the unremitting care and atten- tion of Mr. Brown and the veterinary surgeon, Mr. Barrow, have effected an almost unexpected cure. Grave fears are, however, entertained about his ability to race, or at least to show any approach to the bril- liant form he ghowed in America, as the common re- sult of such an attack is “roaring,” and althougha “roarer”’ may get over a three-quarter of a mile ora mile course at great speed that is the outside limit of their powers. It is greatly to be desired that Duke of Magenta thay escape such an infliction and be yet seen at his best, though under the most favorable circumstances it is hardly likely that he will recover his full strength until weil on into the racing season. HORSE NOTES. Aconvention of Western trotting associations will be held at Toledo, Ohio, to-morrow (January 8) for the purpose of arranging dates and classes of purses for the next trotting season. Cincinnati, Toledo, Co- lumbus, Milwaukee, East Saginaw and Jackson, Mich,, and Louisville, Ky., will be represented, and a strong and wealthy circuit will no doubt be formed. The classes will probably be fast ones, ranging from to 2:40, with liberal allowances for the “‘free 2:18 uy for all” horses—Rarus, Hopeful, Great Eastern, &c. The dates have virtually been arranged already, The campaign will open with four days’ trotting st Mil- waukee, June 3; Jackson, Mich., will follow. Juno 10 to 13; East Saginaw, June 17 to 20; Toledo, June % to 27; Cincinnati, July 1 to 4, and Columbus, July 8 to po ONE HUNDRED MILE WALK. * [BX TELEGRAPH TO THE HERALD] Nonwics, Conn., Jan. 6, 1879, James Mahony began the task of walking 100 miles in twenty-four hours at one A. M. to-day in Steiner's Hall. ‘The wager is $500. At seven o'clock this evening he had accomplished seventy-five miles, and appeared in good condition for the finish. ‘ Nonwicn, Conn.—11:12 P, M. Mahony finished his eighty-eighth mile at 10h. 45m. The betting is against his winning. The crowd is large. There are thirty-four laps to the mile on the track. MME. ANDERSON. At 7h, 51m. 7148. last evening Mme. Anderson com- pleted the third weck of the task that she has under- taken, having finished her2,016th quarter mile in the same number of quarter hours. During the dull hours of yesterday morning she slept very soundly, and it was difficult to awaken her when the first bell called her on the track, At 4h. 15s. A, M. she started on the 1,953d quar. ter mile, and was so very sleepy at the finish that the scorers could not make her understand that seven laps were finished, so she trudged along and made an cighth lap. At 3h. 49m. 5248, P.M. Anderson completed her 2,000th quarter mile, and celebrated that eveut by singing “My Sweetheart, When a Boy.” At midnight she completed 2,032 quarter miles. THE BAUER-MULDOON MATCH. Yesterday morning, according to appointment, William Muldoon, although in a high fever from a bad cold, put in an appearance at the Clipper office, and shortly after Thicbaud Bauer and a wealthy French admirer arrived also. Avery stormy meeting ensued, and for a time it appeared as if the result of ‘the match would be determined then and there, but bet- ter counsel prevailed, and the following articles of agreement were sigued:— ‘ZICLES OF AGREEMENT. wade this At di $ agree te Jo, for $500 GR250 a * te), the following stipulations being upon fetal take pl the city of New York . time and place to be decided upon whea the atakds is 1 evening solocted, shall be ready at eight . and whosvever fully to respoud to the call at that ‘ail forieit the money up atch shall do limited to four hours’ time if not de- either inan i ball he posted wi or before January 1. at twelve muss namo one judge and the judges If the referee is hat der shall be an ciding vote, act limself or appoint ision shall be final, the refereo, w f in additio bet against $15 il reevive 10) tic ut if this be: ‘*buckers, Bauer to dispose of as he ith the tinal deposit ants, &e, All holds above t shall be allowed, but no scratch: mg, biting, Riek ing v2 No greased or cintm 1 be used on the bod: my mt A fall shall be awarded when either rolled or forced down with bok shoul ground atthe same time. Twenty minutes’ rest at the expiration be allowed after each fail, of i Iso the wecond and third 01 ‘o hold below the waist or tripping with the legs shall be ywed. have the right to decide a fall or the a The referee sha mutch agaiust either of the men if he considers that this agreement has been inteationally violated. THIEBAUD BAUER, WILLIAM MULDOON, THE DWYER-ELLIOTT FIGHT. ‘The second deposit in the proposed fight between John J. Dwyer and James Elliott for the champion- ship of Awerice being due yesterday a large number of sporting men assembled at the Chpper office during the afternoon to witness the posting of the money, Dwyer arrived early, and about three o'clock the backers of Elliott dropped in, An hour more passed, however, without any business being trans- acted, though but little concern was cansed thereby, as the articles of agreement allowed until five o'clock for the making of the deposit. Shortly after four o'clock Elliott reached the office, having jour 1 from Philadelphia for the pu in view. Thesum of $250 cach was then otecek tn the of the temporary stakeholder, Dwyer de- hands ositing his in gold coin, That Ing Over the choosing of the art.of the business nal stakeholder was in order, Contrary to general expectation this wef serious business was easily disposed of. The second or third name suggested was agreed upon. ‘That was Thomas Walgh, a well known sporting man. ot New York, and the principals lett the Gi office to ascertain if he would consent to hold the stakes, ‘The announcement of this gratifying result afforded much satisfaction to the large crowd in waiting, aud it ag awel | be the ge hy that ‘the men relly tnt to test their and strength in the “squared cirele.”’