The New York Herald Newspaper, January 25, 1879, Page 4

£ “WASHINGTON. Adverse Report on the New York Nominations. pa EE! EFFECT OF GENERAL ARTHUR'S DEFENCE. Administration Senators Lukewarm and Democrats Indifferent. — THE POWER TO ORIGINATE REVENUE BILLS. ——_——e——— Interesting Constitutional Issue Between the Senate and House. FROM OUR SPECIAL CORRESPONDENT. Wasuincton, Jan. 24, 1879, THE NEW YORK APPOINTMENTS—ADVERSE RE- PORT OF THE COMMERCE COMMITTEE—SECRE- TARY SHERMAN’S CHARGES AND GENERAL AR- THUR'S FEELING AMONG SENATORS, ‘The determination of the Commerce Committee to report the nomination of General Merritt adversely to the Senate became known this afternoon, and there is no doubt that the Senate will reject the nom- ination. It is rumored that Secretary Sherman de- sires to make some reply to the answer of Collector Arthur, and that he may send this reply to the Senate in advance of its action on the commit- tee’s report. The rumor adds that Mr. Sherman regrets that he did not send his charges against Gen- eral Arthur to the open Senate, and that if he moves further in the matter he will ask that his next letter shall be read in open session. General Arthur's friends are said to be not at all averse to this, but will doubtless accept Mr. Sherman's challenge to publicity if he should make one, ‘The Secretary has been confident that General Mor- riit would be confirmed and has undoubtedly labored to secure that result, but in spite of reports to the contrary it is impossible to see that he has been able to exercise any influence on Senators in favor of his wishes. The proceedings in the Commerce Commit- tee have been kept very secret, but the impression prevails that General Arthur’s defence has been stronger than Mr. Sherman's accusation aud that the defence has effaced the impression made at first by Mr. Sherman’s letter. So far as can be gathered from the very cautious utterances of democratic Senators they feel but little interest in the contest. Some of them say that if the administration had at its back fifteen or twenty Sen- ators zealously determined to defend its nominations the democrats would think it their part to vote for or against General Merritt as the facts of the case might seem to each Senator to lead him, but that when no prominent republicans care to defend their own administration democrats can- not reasonably be expected to fight its battles. It is not their administration, and they cannot be expected to assume the entire responsibility of its acts. The Roosevelt and Prince nominations showed them that the few so-called friends of the administration in the Senate have nether zeal, nor energy, nor courage. It is a matter of common conversation that while a few republicans defended the administration in that struggle they did so ina lukewarm, hesitating and apologetic way which did as much as anything else to defeat the nominations, and which undoubtedly discouraged any democrats from thereafter taking a conspicuous part on the administration side in such disputes. On the other hand, it is urged by friends of the administration that after next 4th of March the President and his Cabinet will be the only republi- can representatives in the federal government, and that this consideration ought to weigh with republican Senators now and ought to lead them to draw closer to the administration. But this argument has not, so far as one can ascertain, much weight, The Senate may become democratic, but the fact that the six newly elected republican Senators are all anti-administration encourages the opposition to the President in his party to hold together, and discourages the few who have, after a very weak fashion, pretended to support him. CONSTITUTIONAL POWER OF THE SENATE TO ORIGINATE REVENUE BILLS—ATTEMPTED RE- VIVAL OF THE POSTAL ROUTE BILL OF LAST SESSION—INTERESTING DEBATE ON THE SUB- JECT. In the Senate to-day a curious and not unimportant dispute between the two houses, dating from last session, was revived. The difference involves the question whether the Senate has constitutional power to originate revenue measures, and practically it con- cerns an attempt by the Senate to revive the franking privilege and to muvke appropriations for a subsidy for a, Brazilian steamer line. On the 12th of last April the House passed a bill “To establish post routes in the several States herein named.” It was sent to the Senate, where its title was changed, and it was cailed ‘An act to estab- lish post routes and for other purposes,” and it was amended by @hanges in the book postage by a clause reviving the franking privilege and another granting a subsidy of $3,000,000 to two steamer lines to Brazil, In this shape the bill passed the Senate and was re- turned tothe House on the 6th of June, and there Mr. Cannon, of Illinois, raised a qnestion of privilege snd moved that the House return the bill to the Senate, as a part of said amendments was in the nature of and constituted a revenue bill. This motion was alopted by—yeas 169, nays 68. The bill was, therefore, returned to the Senate, and that body, on the Ith of June, adopted a resolution in which, after reciting the action of the House, it re- | solved to appoint a conference committee to meet a similar committee from the House und confer touching the matters of difference between the two ‘Houses indicated in the House resolutions. This conference committee came to no conclusion. A second also failed to agree, and on the 18th of June, in the House, Mr. Waddell, of North Carolina, hung out a flag of surrender. He moved that anew con- ference committee be appointed, this time to con- sider the Senate amendments to the House bill, “as though the same had beén disagreed to by the House,” but Mr. Carlisle, of Kentucky, immediately raisol a point of order that it was “not coim- petent for the House to empower a con- ference committees to consider and report Upon sny matier except such as the two houses had actually disagreed upon, and that the journal showed that the Honse had never disagreed to the Senate amendments to the said bill, but had refused to consider them because, in the opinion of the House, they involved an invasion of its constitu- tional privileges, and that therefore the only matter which the conference committee could be authorized to consider and report on was the question of privi- lege now pending between the two houses.’”* This point of order was so conclusive that the House was not even asked to vote on it; it was waiver, and the House refused to appoint another conference committee at wll. ‘The bill was, therefore, nO more heard of at that seriou, To-day Senator Perry tried to revive it by the ap- pointment of a new conference committee, and on this arose a lively discussion, Senator Kernan seid the clause allowing books to come in free under the Internationa! Postal troaty, which the House regarded as a reventic bill, was not the only objectionable feature of the bill, that it contained also, as amendments hitched on by the Senate, a clause roviving the franking privilege, and another granting & subsidy to a steamer line to Brazil, He did not wish to see such measures hitched on to a post route bill in which a great many Senators were interested for their constitutents and the necessity of passing which was calculated to coerce Senators to vote for it, no matter what else it contained, He wanted the revival of the fravking privilege and the subsidy scheme to be presented as distinct measures, the latter was im 1874, to be passed or rejected on their own merits, and not as parts of @ Dill to establish post roues in cortein States. He was, therefore, opposed to a conference committee. Mr. Perry wished a conference and Mr. ‘Thurman suggested the elimination of the clauses relating to books and the franking privilege. The parliamentary question was discussed for some time by different Senators and the subject dropped. As the House has never disagreed to the Senate amendments it will hardly agree to a conference committee now, though the advocates of the Brazilian subsidy and the lobby will endeavor to have itdone, The Senate already, as Senator Hoar has ably shown in an article in the last number of the North American Review, exerts a preponderant influ- ence in fixing the amount of appropriations by its practice of increasing the sums allowed by the House, and then, when the House disagrees, 26 it regularly does, referring the dispute to a con, ference committee, whose report, made in the la: days of the session, and in an absolutely unintelli- gible way, must be acted on without examination or debate, the result bemg invariably that a great part of the Senate’s demands are granted. Senator Kernan's demand that the subsidy scheme shall be brought in on a separate bill and not tacked on this recalls the fact that the Senate Post Office Committee, which added these objectionable jobs to the Post Route bill, had before it, at the very time it did so, a bill granting a subsidy for a steamer line to Brazil, which it has never to this day thought proper to report to the Senate. This subsidy bill was introduced and referred to the committee on the 24th of last April, and might have been brought into the Senate at any time, even at the present session, instead of renewing the attempt to push through the subsidy by tacking it on to the Post Route bill. THE CASE OF BLASIUS PISTORIUS—HOW THE GERMAN GOVERNMENT LOOKS AFTER ITS CITI- ZENS. ‘There are some circumstances connected with the recent change of the death penalty to imprisonment for life in the case of Blasius Pistorius by Goy- ernor Hartranft, of Pennsylvania, which show how carefully the German government looks after the rights of its people even when, as in this case, they are of religious faith to which the German rulers are hostile. Pistorius was a Ger- man Catholic priest up to 1875. He had been for some time chaplain at Tholey, in the diocese of ‘Crier, In that year he was, on his own application, as documents show, allowed to resign his place to come to the United States, where he went to live with his brother, a farmer near Norsistown, Pa. It was here that taking part in some disputes be- tween his brother—a quarrelsome man—and the neighbors, Blasius fired the shot which killed a man, ‘He was arrested, and fearing that he would not get a fair trial by reason of his poverty and the prejudice against him, he wrote to Mr. Von Schlazer, the Ger- man Minister here, asking assistance. On the Min- ister’s information the German government at once authorized him to employ counsel at its cost, and this was accordingly done, Mr. Stephen Remak, of Philadelphia, being retained by Mr. Von Schlazer. Pistorius was condemned to death on his first trial, gota new trial on the ground of insanity, was again con- demned, but his case waa brought before the Court of Pardons by his counsel, and, on evidence that he was ot unsound mind, the Court changed the sen- tence to imprisonment for life. It is remarkable that, while waging a political war against the Catholic Church at home, the German government has so energetically and persistently and at considerable expense defended the life of this poor Catholic priest, about whose infirmity of mind there seems to be no doubt. FROM OUR REGULAR CORRESPONDENT, WasuHinaton, Jan. 24, 1879. FLUSHING BAY IMPROVEMENT—PLAN RECOMMENDED BY GENERAL NEWTON. ‘The dredging plan of improving Flushing Bay has bgen abandoned, and General Newton recommends the method of dikes. The means and expense of the latter plan are set forth in a communication to Con- gress from the War Department, elicited by a resolu- tion offered by Congressman Covert, of Long Island, One dike is to start from a point near the head of the bay and run in a northerly direction 8,300 feet to a point in the entrance of the bay oppo- site College Point. Here a second dike is to start at nearly right angles to the first, and run 4,800 feet in a westerly direction, to connect with the west shore at Herrick’s Point, forming a tidal basin, with THE an opening at the head of the bay, on the ast of the channel, where a bend in the shore line to the eastward forms a bay. - It is proposed, by widening the channel, to decrease the velocity of the current by a single row of piles, starting from the shore at the bend and running ina northerly direction 3,600 fect toward College Point. The dikes are to be composed of a double row of tim- ber, lied in between with rubble and built to the level of half tide, and it is proposed to fill in behind them with material dredged from the channel and lifted over the dikes. The estimated cost of their construction is $154,410, and of the dredging about $20,000 more, and the Committee on Commerce is asked to make the requisite appropriation in the River and Harbor bill. GENERAL WASHINGTON DESPATCHES, _ Wasnrxatos, Jan. %4, 1879. FREE SHIPS—CONSIDERATION OF THE BILL POST- PONED, The House Committee on Commerce to-day re- solved to postpone further consideration of the bill to give registers to foreign built ships Purchased by Americay citizens. The reason for this action is the want of timo to give to the bill the attention which its importance requires, in addition to the further fact that, owing to the pressure of public business, there will be no opportunity to take Congressional tion upon it. THE PENSION ARREARS BILL, X% In the Cabinet session to-day there was considerable discussion upon the question of approving the Pen- sions bill, and the subject was considered in all its phases, While the members of the Cabinet are some- what reserved in their expressions as to what will be the ultimate disposition of this matter, it is believed that the President will approve it. FIVE-TWENTIES--EIGHTY-FOURTH CALL DEMPTION. The Secretary of the Treasury this afternoon is- sued the eighty-fourth call for the redemption of five-twenty bonds of 1865, consols of 1867, The call is for $20,000,000, of which $10,000,000 are coupon and $10,000,000 registered bonds. The principal and interest will be paid at the Treasury on and after the ‘th day of April next, and the interest will cease on that day. The following are descriptions of the bonds :— Coupon bonds, dated July 1, 1867, namel, $50.—No. 55,001 to No. 64,000, both inclusive. FOR RE- $100. . 1,001 to No, 85,000, both inelusive, $500.—No. 95,001 to No, 62,000, both inclusive- $1,000, 8,001 to No, $6,000, both inclusive. Total coupon bonds, $10,006,000, Registered bonds, “redeemable at the pleasure of | the United States, after the Ist of January, 1879," as follows :— $50.—No. 2,271 to No, 2,550, both inclusive, . . 16,401 to No. 18,500, both inclusive, i to No, 9,850, both inclusive. . $1,001 to No, 85,300, both inclusive, WL to No. 10,150, both inclusive, —No, 15,401 to No. 17,000. both inclusive, $10,000,000; aggregate, $5,000, $10,000, Total registered bonds, $20,000,000, THE TRANSPER OF THE INDIAN BUREAU. The joint commission appointed to inquire into aud report upon the practicability of transferring the Indian Bureau to the War Department will meet to-morrow for the purpose of receiving the reports which have been prepared on either side of the ques- tion, The Commission as originally composed was oqually divided on the subject, Senator Oglesby, who opposed the transfer, ius not attended any of the meetings of the commission or given the maiter any practical consideration, and owing to this fact it is thought by some gentlemen on the commission that Mr. Oglesby will refrain from casting his vote on the final question, in which event a majority of one will be left in favor of the transfer, and should Mr. Oglesby vote the commission will be @ tie. ‘The report prepared by those favoring: the transfer is very voluminous aud complete. It recommends that the entire Indian management be turned over to the War Department, but proposes lenient and be - of the Treasury for information in regard to commis- z NEW YORK HERALD, SATURDAY, JANUARY 235, 1 coming treatment to the tribes who are inclined to lead a civilized life, PROCEEDINGS OF THE SENATE. DEBATE ON THE POST OFFICE BILE—EFFORT TO APPEND THE BEJECTED LEGISLATION OF LAST SESSION ON THE MEASURE—ANOTHER FAILURE TO BRING UP THE EDMUNDS RESOLUTIONS, Wasurxaton, Jan. 24, 1878, Mr. Savispury, (dem.) of Del., called up the reso- lution submitted by him on the 17th inst., and pub- lished in full at that time, calling upon the Secretary sions paid to bankers or others for services in nego- tiating the sale of United States bonds; whether in- terest had been paid on called bonds at the same time that interest was accruing on bonds sold to redeem the same; how niuch double interest had been paid, and whether the proceeds from the sale of govern- ment bonds had been left on deposit in any national bank acting as a goverument depository? Mr, Monniut, (rep.) of Vt., submitted an amend- ment providing ‘that information heretofore com- municated to either house of Congress shall not be | repeated, but reference to the document where the | same is to be found shall be made, and the names of subscribers to the popular loan since June, 1877, to whom no commissions have been paid, may be omitted,” The amendment was accepted by Mr. Saulsbury, and the resolution was agreed to as amended. POSTAL MATTERS, Mr. Ferny, (rep,) of slich,, from the Committce on Post Offices and Post Roads, reported amend. ments to the Post Office Appropriation bill similar | to those attached to the Post Route bill of last session, which did not pass. ‘These amendments | authorize the Postmaster General to readjust the | compensation hereafter to be paid for transporta- tion of mails on railroad routes, each railroad com- pany to be paid according to space occupied and rate of speed maintained, and divide mail matter into four classes, as follows:—First, written matte: second, periodical publications under registratio: third, miscellaneous printed matter; fourth, mer- chandise; and fixing the rate of postage thereon the same as provided in that bill. ‘The amendments were referred to the Committee on Appropriations, Mr. Ferry said at the close of the last session of Congress the conference committee on the House bill to establish post routes and for other purposes submitted a report, which was uot considered, tor the reason that the House refused to consider the amendments of the Senate, claiming that one of them was in the nature of and constituted a revenue bill. It had been understood that a further conference might lead to agreement upon the bill, and he hoped the Senate would order a new conference, BRAZILIAN STEAMSHIP SUBSIDY, Mr. Kernax, (dem.) of N. Y., inquired if some of the amendments to this bill did not propose a subsidy of $300,000 per annum to the Brazilian Mail Steamship Company, Several Senators on the democratic side—‘‘Yes; yes.” Mr. Fenny said the object of having another con- ference was to see whether the two houses of Con- gress couid not agree upon the bill in the main by tering out the subsidy or other objectionable fea- ures. Mr. HaMLin, (rep.) of Me., denied that this bill was arevenue bill. If it bearevenue measure to add an appropriation for mail service between Brazil and the United States then there were many Dills origi- aang in the Senate which might be called revenue Mr. Ferry said the provision to which the House excepted as a revenue measure was that allowing all books admitted to the mails for conveyance therein under the provisions of the Postal Union treaty to be delivered free of any customs duty under such regu- power to allow these book# to come in prescribed, and this clause was for the purpose of carsying out our part of that treaty. Mr. Kenan said this Brazilian subsidy business | attached to the bill should come up as an in- | dependent proposition. The bill also contained an | amendment restoring the franking privilege, and that, also, should come up as a separate measure. Pending discussion the morning hour expired. Mr. Ferny hoped the consideration of the con- ference report would be continued. Several Sena- fra Pike are opposed to the Brazilian subsidy, ob- jected. Mr. Ferny then moved to postpone all prior orders and proceed with the consideration of the con- ference report on the Post Route bill. yeas 30, nays 22, as follows:— Yeas—Mesers. Allison, Blaine, Burnside, Cameron of to— Pennsylvania, Chaffee, Christiancy, Cockrell, Conkling, Dawes, Dorsey, Ferry, Garland, "Humlin, “Hill, Hour, Howes, Johnston, Jones of ‘ada, McMillan, Maxey, Merrmon, Mitchel Sharon, Spencer, W Nays—-Mesers. ' Bai Davis of West Vir ‘on, Gordon, Grover, Harris, Hereford, Jones o Kernan, Lainar, Creery, McPherson, Morgan, Suulsbury, Thurman, Voor- hees, Wadleigh and Whyte— Mr. Wuyre, (dem.) of M, D., reviewedjthe history of the Post Route bill, und said the Senate put various amendments upon it, one of which provided for a donation to one John Roach for doing us the honor of flying the American flag. He then xpoke ot the arliamentary rights of each house of Congress, the uties of conference committees, &c., and during his remarks said jokingly to Mr. Elmunds, ot Vermont, | that sometimes bilis slipped through the Senate without Senators knowing what was in them, unless detected by the lynx cye of the Senator from Ver- mont. Then he woke the Senators up with an ob- fea CM when he,went out God, help the people! nghter. Replying to remarks of Mr. Conkling as to the rights of legislative bodies, Mr. Wayte said no man | understood better than he (Mr. Conkling) did what it was to have the gloves on and beready tor the fray. The debate then turned upon questions of parlia- mentary law and the privileges of each House of Congress. It was continued at some length by Messrs. Thurman, Edmunds, Blaine, Ferry, Whyte, Hoar, Conkling, Allison, Withers and others. Mr. TuvrMan, (dem.) of Ohio, submitted a resolu- tion “that the conferees to be appointed on the part of the Senate be instructed to agree to strike out the amendment of the Senate relating to the franking privilege added by way of proviso to the eleventh section of the bill.”’ Mr. Epawnps said as this subject involved questions of order he moved that it be referred to a select com- mittee of five Senators, to consider quietly and disen- wage this knot im respect to a constitutional privi- lege. ir. BLAINE submitted the following :— Resolved, That tho améndments of the Senate to the pending bill changing the rate of duties on imported books aud affecting the revenues of the government by declaring Paddook, I Rollins, Sargent, dom and Withers—3u, h, Davis of Illinois, | di a matter free nent of the Ho fights of thot I. ich now r Mr. Fenny, (rep.) of Mich., submitted a resolution that the Senate agree to the second report of the Com- mittee of Conference on the resolution of the House, returning the House bill with the Senate umend- ments made by Mr. Kirkwood, of Iowa, June 14, 1378, and insist upon its amendments to the bill and ask a conference on the disagresing votes of the two jouses, Atter some further discussion the motion of Mr. Ed- munds to reter the question to a special committee of five Senators was ayrved to—yeas 30, nays 2h. MR, KDMUNDS' RESOLUTION, Mr. Epmonps, ot Vermont, moved to take up the resolutions recently submitted by lum declaring the validity of the thirteenth, tourteenth and fifteenth amendments to the constitution of the United States. Mr. TuvnmaN, of Ohio, moved to adjourn. Re- jected—yeas 24, nay follows :— Yuas—Messrs. Armstrong, Beck, Oockrell, Davis of Tli- nois, Davis of West Virginia, Dennis, Baton, Gordon, Hartis, Here 1 vt Florida, Kernan, Lamar, Mer Ransom, saulsbury, Booth, Bru Perry, Gari Mitchel, Morril, ders, Spencer, da, M ulesby, Patterson, Plumb, Rol Wadieigh and Windom—2, Pairs on politicnl questions were announced as fol- lows:—Mesars. Butier, Wallace, Bailey, Barnum, Garland, Nevonald, Merrimon, Ransom, Coke and Grover with Messrs. Conover, Cameron of Peunsyl- yvania, Cameron of Wisconsin, Dawes, Kirkwood, Matthews, Ingalls, Paddock, Sargent and ‘Teller, Betore the vote was announced Mr, GARLAND, (dem.) of Ark., suid he had voted “No,” although he was paired on political questions with the Senator from lowa (Mr. Kirkwood). If this question to ad- journ was regarded as a political one and the Vice President would so state it he would withdraw his vote. ‘Lhe Vick Pxxstpent replied it was not in his power to decide, Mr. Gartanp—Then I let my vote stand “No.” Mr. Komunvs renewed his motion to take up the resolutions. Mr. Eason, (dem.) of Conn., moved to go into exec- Utive session, Kejected by a rising vote—yeas 25, nays 4 min Mili lin, Several dilatory motions followed, among them one ake up the b for the relict of Warren Mitchell, but it was rejected A, Mr. EyMUNDs again renewed his motion to take up his reselutions, Mr. Wiyrx, of Maryland, moved to adjourn. Agreed to—yeas 25, nays 23—as follows :— Yras—Mossrs, Arm: Kroll, Davin of Tlie Davis of Wi is. keaton, Garland, fh is Ferry. Howe, U of ad olive, MeMillin, Mitehell, Oglesby, Patterson, Viuinb, Rollins, Saunders, Spencer, Wadleigh and Windom—ui. The Senate, at ten minutes to five P. M., adjourned until Monday, THE OUSTOM HOUSE. COLLECTOR MERRITT QUIET, BUT HOPEFUL, Collector Merritt was early at the Custom House yes- terday, having returned from Washington by the 6:45 train. When seeu by the Henawp representa tive, after the news from Washington had been re- ovived that the Sumate Comuitice ou yy eae dad reported adversely on his nomination, he was en- gaged in conversation with Naval Officer Burt and Special Agent Bingham, of Boston, General Merritt declined to say anything about the situatioa of affairs. He thought that when the full report of the Committee on Commerce was submitted to the Senate the fight would begin in that body. He does not seem to be discouraged by the events as they have thus far transpired, but hopes still for eg itirmation. Colone! Burt would not say anything at all about his case, THE POTTER INVESTIGATION. CROSS-EXAMINATION OF THE WITNESS ST. MAR- TIN CONTINUED—THE STORY CONTAINED IN HIS AFFIDAVIT ADHERED TO. WasuINGTON, Jan, 24, 1879. In the Potter Committee yesterday the resolution of Mr. Reed, providing that Mr. Tilden be allowed to be represented at meetings of the committee by coun- sel, was tabled instead of accepted, as heretofore stated, the democratic members voting against the measure. The committee met again this morning at eleven o'clock and resumed the cross-examination of St. Martin, which was continued at great length without eliciting any new facts of importance. The witness stuck to the story contained in his affidavit that ho, as Deputy Sergeant-at-Arms, was instructed by Mad- dox and Weber to subpoena only those wituesses who would, as he expressed it, ‘go back” on their former testimony proving the existence of outrages and in- timidation before the committee. The following is that portion of the cxamination referring to tho charge made against Mr, Stenger in witness’ afli- davit:— Q. Now, you say that the statement in your ami. davit that you acted under instructions from Mr. Stenger in ‘serving the subpcnas is a uuistake? A. ¥es; and I did not know of it until I read it in the Fa Pee ut “Josoph” read over the affidavit after he drew it? Yes, six, Q. And yet you did not know that Mr. Stonger's name was mentioned in this matter? A, No, sir; I did not notice it. Q. Did you not hear it talked about that you had made charges against Mr, Stenger? A. No, sir; Ido not remember that I did; I do not think I did; not until it appeared in the papers; if I did I should not have waited until the last moment to cor- rect-it. Q. Then you did not know that you had made a charge against Mr. Stenger? A. No, sir; I did not; Mr. Stenger did not give mo any instructions of the sort; if he had I should have just treated him like the balance. Q. The balance? A. Yes, sir; those who did give me instructions. Q. You did not know that Mr. Stenger was in- volved until about a week ago? A. Well, when the affidavit was made out I thought Mr. Stenger knew all about these things; Mr. Cox knew it very well. Q. Did you tell Mr. Cox? A. No, I never told him, but those witnesses were in the same house as we and were never allowed to leaye the house except to yo on the stand, so he must have known; I did not tell Mr. Cox, but I took him a memorandum, Q. Would he know it from that? A, Ido not know if he would; I would. & Do you know what was in the memorandum? A. Tknew, of course, because nothing was kept from me then. Q. What was it? A. It was to the effect that when- ever we had # witness on the stand we must control him; no witness must be brought to New Orleans and be allowed on the stand on his own hook; that was their conclusion. Q. Did you say anything to Mr. Stenger about this? A. No, sir; Ido not remember, but he knew; may be I did, and may be I did not; I remember speaking to him, but Ido not remember what I told him, Q. Do you remember telling him anything about what you were doing with thé witnesses ? A. I do not remember exactly, but I was nowise backward in telling him these thing: Q. Where did you have this conversation with Mr. Stenger? A. In the St. Charles Hotel; I cannot recol- lect the occasion; I took him memoranda from Weber and from Maddox several times. Q. And you told him what you were doing with those witnesses? A. Ot course; I did not remember the exact words; I took him a memorandum from Weber and told him something, and I remember that he never took any notice of what I told him. Q. What was this something? A. I do not know; , it was something concerning the witnesses; it is of no importance now, but it was of great importance then. Q. Well, tell me the substance of it? A. No, sir, I can’t; I know the memorandum was about questions to be put to the witnesses and the answers that they were to give. Q. Did you read the memoranda? A, Of course I read some of them. Q. Did you read the memorandum about Dula? , sir, Ido not think I did; I might have done ; Tread those for the other witnesses, The witness, in reference to his arrangement with Maddox and Weber, testified as follows:— He was first taken to Carter's room and questioned ; he could not remember what was said; they com- menced by representing a lot of things to him about Mr. Tilden and Mr. Hayes and also Mr, Sherman; witness told them—that is, Carter aud Moddox—that he was a friend of Glover, and supposed that Weber had told them pretty well all he knew about him (the witness). The Chairman—Did they ask if you could swear falscly? A. No, sir; and I should not have had to do so if Dula had kept to his promise. Q. Did they ask you whether you could “fix wit- nesses?’ A. 1 don’t remember that they did; they told me thatif Imet with a witness that would not tes- tify the way we wanted, I need not subpena him; I not expect to have to bribe witnesses when I was selected, or that I should have to swear to lics. Q. Before you were appointed Deputy Sergeant-at- Arms did they ask you to do anything that was not right? A. Ido not think they did. Q. You say that you were interviewed by Mr, Til- den to see if you were trustworthy and reliable? Mr. Cox—Mr. who? ‘The Chairman—The agents of Mr. Tilden, I mean, A, After I had been at New Orleans a while I saw that they were doing ba that were not right, but before Iwas appointed I had no idea of such busi- ness; Icame to New Orleans at night and received my appointment the next day; that same evening L went to Maddox's room and then to Carter's and saw what was going on. THE AFFIDAVIT PLACED ON RECORD, After further inquiries regarding the wrrangement, which developed nothing of special interest, Mr. Reed asked that the witness’ afidavit, -which had been the subject of the cross-examination, should now be made part of the record. ‘The Chairman—I believe the affidavit is now en- ed to come in as part of the examination. Mr. Springer—I object to its being placed upon the record unless it is corrected according to the wit- statement. Reed—Why, it has been corrected thoroughly. It is not going to be published by itself. Mr, Cox mentioned as a precedent that in all simi- lar cases that arose at New Orleans the affidavits of Duncan, Armstead and others betore the Re- turning Board were published in the records. He thought it would be fuir to adinit the affidavit in the same manner. Mr. Springer—I do not see why we should encum- ber the record with a mass of falschood, Mr. Reed—I am glad to see Mr. Springer becoming 80 sensitive about eneumberi the record with falsehood. I suppose it is because we have 60 much of it. ome Springer—It is the witness you have called, en. ‘The Chairman remarked that after the lengthy cross-cxamination upon the affidavit he thought the Jatter should be put in and that the record would not be complete without it. No further objection was made. In continuing the examination the witness testificd to his meeting Maddox in Washington, who offered him a thousand dollars and the payment of his ex- penses if he would consent to withdrawing his afti- davit, which he refused. ‘The committee then adjourned to eleven o'clock to-morrow morning, when the cross-cxamination of St. Martins will be continued and probably concluded, THE ARLINGTON ESTATE, Wasurxoron, Jan, 24, 1879, At Alexandria, Va., to-day, the Arlington case was again before the United States Cireuit Court, Judge Hughes presiding. Nearly all the time was occupied in the examination of witnesses to prove the general practice of the United States Direct Tax Commis- sioners in refusing to accept taxes from any but the owners of tho property or those personally interested, "This refusal to receive taxes was proven in this case, a brother-in-law of General Lee having authorized Mr, Fendall, an attorney of Washington, to pay the taxes on the Arlington estate and the Commis- sioners having refused to accept the tendered amount, It was developed during the testimony that the will of the late G, W.P, Custis had been 1 having probably been taken ‘from the Court House of Alexandria county duving its oecupency by the federal forces, and to-morrow evidence will be pro- duced to prove the loss of the. ¢ With the exception of this evide: the testimony is alli wit the Court adjourned to-day in order to ive counsel on doth sides time to draw up insteue- ious to the jury, and it is likely that the argument will be in the instructiot only. ANNIE DEVINE'S DEATH. PHLAvE Lut, Pa,, Jan, 24, 1879, At the Coroner's inquest this morning upon the body of Annie Devine, who died at the house of Mre, Alice Lane on Orange avenne, from the effects of erumiual Sah the y, returned @ verdict ayuinst Mrs. Landts as princ.pal and Charles 8, Olden @nd Annie MoUrath as acconsories to the death of tho bul inal instrument. | « 879.-TRIPLE SHEET THE STATE CAPITAL, Effort to Regulate the Pay and Pro- ceedings and Court Referees. INSURANCE PENALTIES. Passage of the National Guard Appropriation Bill, MANHATTAN SAVINGS BANK BONDS. Another Statement from Bank Department. the + ALBANY, Jan, 24, 1879, The legislators have taken their weekly recess until Monday evening, and we are to haye the usual dull interregnum until that time. In the meanwhile they will have an opportunity at their homes to study up the political situation and examine the various measures already introduced and endeavor to discover in some of them where the jobs are hidden, NEW YORK’S REFEREE RING. Mr. Langbein has introduced a bill in the Assembly, which, it it becomes a law, will operate in breaking up a great evil in the administration of justice in New York city—the partiality 80 often exhibited in tho appointmont of referees. The bill provides that the Presiding Justice of the Supreme Court, the Chief Justice of the Superior Court in the city of New York, the first Judge of the Court of Common Pleas in New York and the Chief Justice of the Marine Court in said city shall, within thirty days after the passage of this act, appoint twenty good and reputable gen- tlemen, who shall be members of the Bar of the de- gree of Counsellor-at-Law in the Supreme Court and residents ot New York, to .act as official referees of said courts, Their duties shall be the same as now or may hereafter be provided by law. The fees allowed to the referee to be paid by the pre- vailing party, and the taxes as disbursed in his costs in the action matter or pro- ceeding referred shall be as follows:—For every at- tendance and adjournment without hearing, $1; for every attendance and hearing, examination of wit- nesses, production of documentary evidence or ar- gument of counsel, $3; for making a report and en- grossing acopy for the Court, ten cents per folio of 100 words and a like sum for all necessary copies of testimony, exhibits or other papers; for attendance on the sale of: real estate when adjourned, $3; when sold, $5 for each lotor parcel sold; for drawing and executing a deed or other conveyance, as such | referee, $5. MORE INSURANCE LEGISLATION, The attacks upon insurance companies and their peculiar practices begin to pour in from all quarters. Dr. Hayes has also entered the field in this contro- versy. To-day he introduced a bill which aims to punish fraud in the matter of reports from these cor- porations. Its provisions are to amend the act to prevent the making and publication of false or de- ceptive statements in relation to the business of fire insurance; provides that it shall be the duty of the Superintendent of the Insurance Department to bring any violation of the act amended to, the attention of any company in respect to which such violation shall be committed; and in case of persigtent violation of such provisions in respect to any company it shall be his duty, if the company be chartered by this State, to report the be a company incorporated by any other State or country it shall be his auty to revoke its authority to do business in this State, POLICEMEN’S PAY, Mr. Longines, has evidently undertaken the task of championing the rights of the policemen in New York city. To-day he introduced a resolution in the House, similar to that of Senator Ecclesine, calling upon the Police Commissiouers to inform the Legis: ture as to their reduction of policemen’s salaries, and by what authority such action was taken, ‘THE MILITIA BILL. Mainly through the efforts of Senator Jacobs the bill, making an y La Fb of $200,000 for equipment ~ of State National Guard hus passed both houses, and to-day re- ceived the siguature of Governor Robinson. The Senator is decidedly opposed to the propo sition agitated in certain quarters to have a United States National Guard, and in a speech delivered last night at the military dinner in the Delavan emphati- lly enunciated his position on this subject. His | remarks were received with unanimous approval by the large militia representation present. A PROHIBITORY LIQUOR LAW. ‘The first gun of the total abstinence fanatics was fired off to-day in the presentation of a petition from yoters of the town of Hartford, Cortland county, ask- | , ing for the passage of a prohibitory liquor law and designating fine und imprisonment as penalties tor violation of such a statute, ACOUSTIC PROPERTIES OF THE ASSEMBLY CHAMBER. ‘The ten million new Capitol is a perfect failure as far as the acoustic properties of the Assembly Cham- ber are concerned, The voices of the speakers are almost drowned in subterranean echoes. Mr. Houta- han presented to-day a facetious resolution on the subject, which was,handed back to him by direction of Speaker Alvord. the Clerk of the Assembly, for manifest reasons, is hereby empowered and directed to purchase 127 ear trumpets tor use of the embers of the Heuse and such acoustic apparatus for the use of the Speaker as he may deem necessary.” MANHATTAN SAVINGS BANK BONDS, It will be good news to the depositors of the Man- hatteu Savings Bank to learn that the bill authoriz- ing the vity of New York to issue duplicates of the bonds recently stolen from that institution was passed to-day in the Assembly, having previously re- ceived the sanction of the Senate. Mh Sloan called for the reading of the bill providing for the issue of the duplicates. After the bill was read Mn Sloan explained its object, which was to enable the bank to resume business and relieve needy de- positors. He was opposed to putting bills forward, ut this was @ peculiar case besed upon pressing necessities, and he would, therefore, ask conseut | that the bill be now put on its final passage. There | being no objection the bill was passed. Mr. Flynn has spice not to press his resolution in the | use calling for en inves' m of the affairs | Sa Pag Fe ee eS trustees, has given the Astembly Bank Committees a cheering account of the institution, and it is uuder- stood that the depositors wiil be attended to in a few on Lc was also stated betore this committee that offers had come from various lawyers, on behalf of tue thieves, to return the stolen bonds and securities on payment of a certain amount of money, but the propositions were not listened to. IN TH# SENATE. Only cighteen of tne thirty-two Senators were present when the journal was read this morning, and half a dozen of these dropped out in the course of an hour. The proceedings lagged and everyone was relieved when an adjournment until Monday evening at eight o'clock was declared, Senator Harris, from the Financial Comittee, reported favorably upon his own resolution for a temporary pained of $50,000 to continue work on the new Capitol. TIME YOR TAXPAYERS. The bill extending the time for the payment of taxes for all towns in the State to the Ist of May was passed. ‘The bill reads :— SKCTION 1. If any euilector or receiver of taxes in any town of this State shall pay over all moneys collecied by him, shall make his return to the treasurer of ile couuty, as now required by law, of ail unpaid taxes on Jandy of mun ahd shall renew bis bond | As herein provided. the time for | of all other taxes and for making @ return the shal be, and is hereby extended to th 1879, bond shall be renewed, with Ls any town shall be approved by the’ Su case of his abscues 0 inability to net, by the Towit penalty thereot ‘in any w taxes in shall be woe t iting and original bond is required hy Taw tu | collector's ov receiver's BY the approval thereot shall, within fifteen da, he prerane of this net, bedel.vered to the county the e in wh tow ‘but not! 1 pay v nity treneurer of sald county t ed by Taw. txhail be the duty o oly after the pawsij ‘on slips he Secretary of Stat @, lime this we to he said Volley copy thereof to each eounty Ske. 3—This act shall take effect immediately, ‘THE BROKEN SAVINGS BANKS. me following communication was sent the Senate lay ‘State oF way ives og i ng mala Many, Jan. 2 . To the Honorable the Senate :— mn In compliance with the resolution of h wns adopted 2d | vived, Tit the nt le requested to are that retused to answer his inquirtes, aud al nicate the names of those receivers whom be honorable owas yo cy fi T respeetfntly report that, tn seeking Information as to Sle gliquidasion of insolvent bauks, 4 da tabular oa same to the Attorney General for dissolution, and if it | The resolution requests “that | hibit ihre the “ut present i a wiitg Green, closed November, 1871, Shepherd F. Kunpp. Market, closed January. 1872, James Dennis (removed), h, assignee (dicd), Johu 5. Platt, prosent Francis W. Wortl Assignee, Wrote to these alleged recoivers and all others therein ‘a od, teing the New obtain the by auch allegod recolvare or santero second inquiry w: assi, nd te York City Dirce: No answer i | made reply yet by uu inquiry ave been ‘returned to the department, hers responses were procured. WE NATIONAL SAVINGS dy Fororted the Nati Savin, loved iy 1871 by its trustees, vo been settled, and the di ported to have been: pala ty full by John BANK. “ | Mrer of the ebrpratiih transuctions. lave ever boo Audited and approved, ay is the eustous livewnea proceedings Im insolveney.. Tt informed, that no depositor at the ‘department the T was alse informed upon authority: worthy, that Daniel Pratt and Pathe neh, been, if they are not now, the receivers le’ Safe) Deposit Company ahd Savings tution of Syracuse and Utica, which ‘failed in 1872. To them f also pent letiers of jaquiry, but have never received any Teply to. them, cannot afirm that in” these four cases 1 have found the actual receivers t the insolvent corporations. Thave used such wit as we to tind thein. ‘Tho persons supposed to be receivers, and to whom inquiries were addressed, have failed to give to whether they ure receivers or not, e whit their transactions have boon tion of theestates'is. Very ctully, RY L. LAMB, Acting Superintendent, RETRENCHMENT IN STATE OFFICES, The Senate Committee on Retrenchment have had | one or two meetings, at one of which they adopted a | resolution calling upon the Comptrolier for a report | of the salaries paid in all of the State departments. | The Comptroller replied that the information was contained in his annual report. The committee then adopted a resolution calling upon the Comptroller ‘tor a detailed list of all the clerks, messengers, Xc., employed in the various State departments, with the salary ‘paid to each, CASKS IN THE FEDERAL COURTS. In the United States Court to-day Charles D. Kim- ball, a postal car clerk, pleaded guilty to robbing the mail on the Erie Railway in November last, and was sentenced to the Penitentiary for one year and six months. Dewitt ©. Cox, Cashier of the Fi National Bank at St, Johusville, Montgomery county, who was indicted for making talse reports of the bank in the years 1875 and 1876, pleaded not guilty, and also the Statute of Limitations, The case was continued until the next term. William Koenig, a brewer at Auburn, plseded not guilty to an indictment for not stamping is beer barrels. He was admitted to bail in the sum of $500, and the case was continued to the next term. Matthew Ryan, who was indicted in Broome county for counterfeiting, pleaded guilty and was sentenced to the Onondaga Penitentiary for four months. me any information to and if they w and what tie si yours, iH ae Gross, fi who was indicted “he Buffalo or r; in procuring pension papers, Be TT a! Sentence was suspended, and the case continued until next term, Mary Anderson, alias Rothgardt, who was indicted for a like offence, pleaded guilty. This case was also con- tinued until next term, which will be held at Utica, March 18. Leroy A. Eaton, of Russell, ., Who was jndicted for attempting to pass a counterteit bank note on South Pearl strect, in this city, in December last, pleaded guilty and was sentenced to the Penitentiary for six months. SUPPORTING A RECEIVER, : Judge Osborn has contirmed the action of Charles E. Patterson, receiver of the Merchants and Me- chanics’ Bank, of Troy, in bringing an action against the Schaghticoke Woollen Mills upon two $1,000 notes due the bank. He also authorizes the receiver to commence an action against the trustees of tho said bank, und the paplornent of Moses Warren, of ‘Troy, and Rutus W. Peckham, of Albany, as counsel, THE ALLEGED FIKE BUGS. ISAAC PERLSTEIN TESTIFIES IN HIS OWN DE- FENCE—HE DENIES THE STATEMENTS OF THE PROSECUTION. . Now that the trial of Isaac Perlstein on the charge of arson in the first degree is drawing to aclose the interest in the investigation and its result seems to be on the increase. Judge Cowing took his seat on the pench promptly at eleven o’clock yesterday in Part 2 of the Court of General Sessions, which was crowded to the doors. The prisoner, beside whom sat his wife, presented a sorry spectacle, his blanched face, shaggy hair and disordered apparel, to say nothing of a peculiarly wild expression about the eyes, attracting anything but the favorable attention of the spectators. At the sitting of the Court Fire- man Perley was recalied to the witness stand by Assistant District Attorney Rollins, but nothing new was elicited from him. PERLSTEN'S EVIDENCE. ‘The prisoner, Isaac Perlstein, was then called to the stand by his counsel, Mr. Charles W. Brooke, in answer to whose interrogatories he stated that ho was @ pedier and that he lived at No. 28 Market street; he was at his home on Sunday, the 10$h of November, op the night of the fire, until four o'clock in the afternoon; he went out to purchase some fish for supper; he returned about six o'clock and ro- mained at home all the evening, retiring at eleven o'clock; his arrest took place on the evening of the ldth of November; he was locked up in @ cell all night; next morning Fire Marshal Sheldon interrogated him, and although not understanding English very well Le answered the questions put to | him; the Fire Marshal wrote out a statement which he read to witness, and though he did not compre- hend it he affixed his name to it. He further stated that he was told he would be imprisoned for life if he did not answer the questions. The witness was cross-examined by Mr. Rollins. He stated that he was a native of Poland and came to the United States about six years ago; he had been in Wilkesbarre, Pa., for some years and came to this city about ten months ago, He admitted having been arrested, stating that a boy had brought $13 into his house which he lost, but the money was after- ward recovered. He denied having robbed an Italian of $490 in February, 1875. Witness denied that he knew Freeman or had any acquaintance with him, | either socially or in @ business point of view; he denied that he was in his company twenty-five times | between October 21 and November 10, or that he had | left No. 62 East Broadway with him and Bernstein, | He also donied having been at the house of Levy, No. 11 Ludlow street, or of having any hand in setting fire to it; he (witness) was insured, but never had a fire in his place. The witness further stated that he | did not know anything about the fire at No. 11 Lud- low strect, adding thut he never was in that place, and therefore could have no participation in the crime alleged. ‘The prisoner's wife was next questioned by Mr. Brooke. She had been married twenty-three years, aud had been residing in New York about ten months; she remembered the day of her husband's arrest; on the night of the fire he was at home before supper, atter which he remained in the house all the evening laying dominos with a boarder named Jacob | Benjamin; her husband's sister, Jessie Cohn, and several others were in the house ail the evening. On crossexamination the witness stated that she could not remember any other particular night on which her husband stayed at home ali the evening, though he had done so many times, Jacob Benjamin, Mrs, Cohn, the prisoner's sister, his daughter Anna, and Esther Rabmowitz , corroborated the evidence of the previous witness. Harris Walford, who lived at No. 11 Ludlow street, testified that on the night of the fire it was he, and not Fireman Perley, who broke into the burning apartments. This concluded the testimony, and the case will be submitted to the jury to-day, BURNS' BIRTHDAY. THE SCOTTISH RESIDENTS OF WILLIAMSBURG HONOR THE MEMORY OF THEIR NATIONAL POET. ‘The birthday of Robbie Burns, the cannie bard of Scotia, was appropriately celebraied yesterday in Williamsburg in a private manner by the Robert Burns Association, of the Eastern District of Brook lyn, at the Wall House on Fourth street. This privacy was ® disappointment to many, but to the mem- bers of the association and to the few guests who were invited it had the greater value, and the cor- diulity at the table inade up for the deficiency in numbers. ‘The President, Mr. James C. Eadie, at the removal of the cloth, in a few well calculated words, introduced the orator of the evening, Rev. Newland Maynard, msc to the toast, “The genius of who to nasyanee, tte, tose The geains of Burns’ genius touched eve part of human | nature, and the secret strength of his song rested’ in ite sympathy with nature. Ho moved the world because he touched thy affoc- tions. The toast, “Scotland,” was responded to by Mr, William McDonald Wood, who, in eloquent terms, portrayed the rugged less that the bleak hills of Seotiand taught her people—industry ts wealth and integrity its shpehpid—a sacred throshold never to be crossed by the thoughtless or improvident. ‘“Amorica’’ was feelingly responded to by Hon, Demés Strong. Supervisor A. G. Mo. Donald replied to the toast, “The City of Brooklyn, | and cited it as the most moral city ot the Union. Tho | centre of Latins not ony ote ” Unton but of the | id, it was still the model of propriety. WVolintoor toasts followed, and it was broad day. light betore the company separated, A BOLD TRAMP, A tramp stopped two ladies in asleigh yesterday on the Newtown, (L. 1.) turnpike and ordered them to get out. They refused, and he drow @kuife aud threatened to kill them, at the same time grasping the lines and tarning the horse so abruptiy that he nearly threw them out. The screams of the ladios attracted the attention of two men digging cabbaxo in @ feid near by, and at sight of thet tue wemp re treated hastily, |