The New York Herald Newspaper, January 28, 1879, Page 8

8 “DR. FULTON SUSPENDED An Exciting Debate in the Baptist Ministers’ Conference. DEFYING THE BRETHREN AS Touching Farewell of the Censured Pas- tor to His Associates. Be “Tis done! the great transaction’s done!” By ® ‘vote of the Conference of Baptist ministers yesterday Dr. J. D, Fulton, of Brooklyn, was suspended from membership in the body until such time as he shall bring forth fruits mest for repentance and withdraw his offensive remarks to Dr. Samson, uttered in debate on the 20th inst. It wus inanifest that something important was to come before the Conference, but few expected it would come up as it did. Brethren from distant points of New York and New Jersey crowded in early, and all seemed more or less inter- ested, and some excited more than usual. ‘The Rey. Mr. Yerkes, of White Plains, N. Y., oceupied the chair and Rev. Mr. Potter was clerk. Professor Fox was to have read an essay on “Infant Salvation as Kelated to Universal Salvation,” but the discus- sion of the morning threw that over for one week. The approval of the record of last week’s meeting called forth the discussion, which occupied nearly three hours of the Conference. That record con- tained Dr, Swan’s resolution that Dr, Fulton be kindly requestet to withdraw his obnoxious remarks toward Dr. Samson. It was then found that Dr, Swan did not use the word “obnoxious” nor the word “offensive,” which was substituted, But Dr. Smith, who presided a week ago, said he used the word “offensive” in putting the motion, and the clerk was clearly right in making the record as he did. The clerk having been vindi- cated, the next thing was to correct the record, either by expunging the whole thing therefrom or adding thereto the offensive words, Dr. Fulton insisted that the record was imperfect and onesided, since it did not state the offensive language which he used, and which he was asked to withdraw. Drs. Swan, Holmes, Walsh, Huggins and others did their best to get the matter down to a point where the Confer- ence could preserve its own self-respect without hurting Dr. Fulton, but they did not ‘succeed. Dr. Hiscox, one of the coolest men in the body, assured his brethren that there was only one way to get at the matter, and that was to get Dr. Fulton to withdraw his remarks and then blot the whole thing trom the record. But the Chairman decided that the latter could not be done. An appeal was taken from this by Brother Simons, and the Chair was sustained. ‘THE FIGHT OVER THE RECORD. Mr. BurnovGas—In view of the facts that the lan- guage entered on the record was not,used, and that it is impossible to get at theexact words used, I move to lay all those motions on the table, Carried by a vote of 34 to 9. While this vote was being taken Dr. Fulton jumped up and protested. He was called to order, but in- sisted that he had a right to speak without regard to the will of the Conference. The Doctor was obsti- nate, but the motion was passed all the same. Dr. Hoyt insisted that Dr. Fulton or any other member hada right to show why the record should not be pted as correct—the motion for its approval iny before the house. That is bis right fully and righteously; but, said vr. Hoyt, I think he had bet- ter not say it. Dr. HoLmes—It he will speak to the question of the accuracy of the minutes let him talk, but not to discuss an outside question. Dr, KNarr—The minutes are not correct; they give only a part of the case, and I will not vote to approve them. Dr. Futron—It is important that we have a spirit of fairness in this Conference. The moti hat Dr. Swan made d not the words ‘‘obnoxious” or “‘of- tensive” in and the original motion should have been put as written or uttered verbally, but we were not doing things in order last Monday. Lhad noth- ing to do with the correctness of the record. posed the secretary would have sent to me during the week for my rem They should be on the record if you ask man to withdraw them. And (defiantly) I intend to stand or fall with those remarks, Messrs. Lawson and Potter gave a little experience as clerks touching the keeping of the record. Mr. Simon: ain moved to drop the whole thing from the record, as there was uo chance of agreving upon any action. ‘Dr. THomas—I regard the present position of this case as extraordinary. The vote actually passed was recorded, but the marvellous thing is that the man who ui the offensive remarks should have the eifrontery to demand that those offensive words be put upon the record also, (Applause.) ADDING INJURY TO INSULT, Dr. Kyapp—The record is not true, There ought to be a statement there that would do justice to Dr. Samson, and others in this Conference. Ican’t bea member of an association that can't protect its own members. Calls having been made for the exact words, Dr. Fulton was about to read from his manuscript, when Brother Norton moved to lay the minutes on the table unapproved, for two weeks, to escape the pres- ent entanglement, and that a committee be appointed to settle the matter between Drs. Fulton and Samson, A Vo1cey—The remarks were offensive to the Con- ference 5 Another motion to strike the subject matter from the record was jin decided by the Chair to be im- proper. An app was made, and the Chair a second time sustained by a yote of 27 to 16. Dr. Knapp made a motion that Dr. Fulton's offen- sive words used last week be added to the records, Dr. Holmes favored this, though a week ago he thought it implicated Dr. Samson’s loyalty; but he is now satisfied that Dr. Samson's loyalty can take cure of itself. Mr. Gessler hoped that motion would not pass. Mr. WALsH—We can’t adopt such a motion, Dr. FuLrox (cool and determined, trying to read his manuscript)—I don’t want to do or to say any- thing offensive to-day, Iam sure. (Laughter, caused Doctor repeating his offensive words in a more offensive form.) Dr. Tuomas again objected to any offensive remarks going on the records, Mr. Burrovens—I am amazed! We purpose now to embal:n the offensive language in our records, Has Dr. Fulton withdrawn them? Not abit. He brings them here to-day sugar coated, but they are not the words that he used here last week. No brother under the censure of the Conterence, as Dr, Fulton is, has a right to use any more of our time on his Conference has righteously risen to protect itself. The matter introduced by Dr. Fulton last week had no relation to the question in hand; but Dr. Fulton saw fit to bring into the dis- cussion a matter as foreign to itas anything could be, Dr. FeLron (excitedly)—Will I be allowed to reply to those remarks ? I want to show that my remarks were proper, and grew out of the position I took. Sevenar Voices—No, sir. Dr. Fulton, reading, was interrupted by a brother, who suggested that the Secretary look over his shoulder. Another brother suggested that he give his exact words to the Secretary, who should read u . Dr. Fulton did not percetve the implied in- sult in the first suggestion, and responded to the second. The Secretary read bis words as follows:— This surrender to Rome could not be explained sa the supposition that # couservatisin wh. man occupying & prominent pulpit at through all the critical y mouth to say one wo him to read an essay wh truth of revelat beasts of prophecy as & principle, an influence, an anything opposod to right, the marks of which beast might be in ourselves or in any one. capital om ever opening: { liberty, now enables the teachings and the THE SUGAR-COATED OFFE: As I remember, the Dr. Horr Dr. ‘THOMAS (carnestly)—Ia there any record to show that those words were withdrawn? A Vorcr—There is no such record, They are not withdrawn. Dr. TwomMas—Then I am more and more amazed that a man should come here and spend two hours of our time to maintain that those words were wise and proper and ought to be apread on our records. Dr. GILLerre (with @ serio-comic air)—1 want @ recognition of the beast in that record. (Laughter) ‘The minutes were then approved. but that was not the end of the matter. What now to do with Dr. Fulton was the next question. ‘two hours had Deen spent fighting over the minutes, in which Dr. Fuiton seored one point against the Conference—-he got his offensive language inserted on the permanent records of the body. Now Dr. Hoyt asked for a com- mittee to suggest such action as might be necessary for the body to take in the matter. Brother Simons—Was the truth of those words (Dr. Faiton’s) denied last week or to-day? Dr. #1 denied them then and stand ready to prov 80 Brother WaLsH—A committee should be appointe in part by Dr, Fulton aud in part by this . Brother Gess~zu—The Conference is ‘tent to act in this matter without the help of Dr. Fulton, and I hope it will preserve # mo-dicuin of self-re- spect. Cushing’s Manual, which { hoid in ~ land (exhibiting it), says that when a man will ine nor Withdraw offensive remarks led; but that expul mere trifles. Dr. F to 1 has done f this is not a trifling question. 1 ask you if sou are willing to dally any further in this matter. We shall look mean enough When we see the proveedings of this day in the papers to-morrow. 1 NEW YORK HERALD, TUESDAY, JANUARY 28, 1879.-TRIPLE SHEET. | nave the pleasantest personal relations with Dr. Pul- ton, but I do yot see any other way out of this but $s weve an Raa ieee Texcesdingly regret to do it-—-that Dr. Fulton be suspended from membership in this body until such time as ho shall comply with the resolution passed here last Monday, January 20. And when he is to accord to the Conference its pee as a body of tian gentlemen and ministers shall be — the first to weleome him back. LpoN (jumping up execitedly)—If you pass this motion Dr. Samson will be on trial here; for the question will arise whether those words now on your records are true or false. Dr. ‘Tomas (im) ntly)—I rise to a point of order, Whe speaker is using insulting personalities. THE BEAR GAKDEN SCENE. Dr. Fuuton—Haye we a moderator? We havn't. A Memngu—He is now insulting the Moderator, Dr, Fucrox—Very well. This is a big world out- side. Fair play, boys, Fair play belongs to the Baptists as a denomination. If this matter had been Tred to ® committee it would have been better than it is now, MopgRaToR—Dr, Fulton, you are out of order, Dr, FunvoN—No, I’m not out of order, but you can’t keep order or you would not allow these men to interrupt me aad deprive me of a chance to defend myself. Sfopenatos (turious)—How can the Moderator keep order when he has untwined beasts to control? A Voice—We are not all untamed beasts, A Mempxr (angrily)—I insist that Fulton be com- pelled to sit down, Dr. Futros—No, I won't; I am here to defend my- self, and I'll do it, ‘Twomas—Mr. Moderator, he is again out of order. Make him sit down. Dr. Hotmus—Dr, Fulton has aright to be heard if he will avoid personalities, Dr. Fuuton—I will avoid personalities, I have no desire to-day to offend any one. Dr, Houmes—Now, let us bear and forbear, re- membering that it is Dr. Fulton, who is peculiar, (Laughter.) Dr. THomas—We must not wait for him to insult Dr. Samson again, Dr. Futtoy—You can’t take action on the matter to-day, You are not ready to hear it. If [should read a letter which Ihave with me you would say that Iam insulting Dr. Samson. ‘The question is one of fact, andI ought to have the right to bring out whether these things are facts or not. I know that the ears of the world are open. I had no intention of insulting any one the other day, but was saying (reading trom puper) that there were two great des- potisims in this land, one in the South, which had for its corner stone slavery, and the other in the North— the Church of Rome, Dr. Hoyr—The question is not one of fact as to Dr. e Or Fouron {doggedly)—0 a . FULTON (dog: lan you suspend a man from auceen in ‘this Conference on a question ot fact without inquiring into the question of fact ? 1 was saying that there were two despotisms— Dr. THoMas—The question is not whether his words are true or false, The Conference has ulready decided that the words are offensiye, and we havo nothing to do with the question, Are they true? We shall turn this Conference into a bear garden if we keep on in this way. Dr. Swan and Brother Gessler read from Cushing’s Manual again to show the condition into which the Conference was drifting and to show how unseemly it was for Dr. Fulton to be present’ while matters concerning him were in debate, much wore to take part in the discussion. At this point the excitement reached its zenith. Half @ dozen or more brethren were on their feot at once calling for recognition from the Chair. Brother Simons, however, got the ear of the Moderator, and moved that Dr. Fulton be allowed fifteen address the Conference, Brother WatsH—I hope he will say all he has to say. br. Mitsen- Amen. (Laughter.) DK. FULTON'S PATHEVIC FAREWELL, Dr. Fulton then read on about the two despotisms until the Chair raled him out of order for discussing the truth or falsity of his former offensive language. Dr. Funroy—Oh, all right. There are brothers here who have determined that Fulton shall not have fair play. You'll be sorry for thie uction by and by. “Dear brethren,”’ said the Doctor, with faltering voice and his eyes filling with tears, “I will not attempt to say bea | further. I thank you all for what you have done. I leave you now, and may God bless you all.” ‘The Doctor gathered up his hat and coat and left the Conference. Then there were loud calls, “Fulton, come back. Don’t go off that way.” But the Doctor went, accompanied by several brethren who either sympathized with him or sought to win him back. After the Doctor’s departure the brethren seemed to relent, and Brother Simons thought the Confer- ence was going astray in condemning Dr. Fulton alone on this point. We should not, he said, block a brother’s lips unless moral character is affected by what Le may say. We are allowing political preju- dices to enter into this discussion. Some of us here were in the Union army and some were in the rebel army, but we meet here as brethren. Is there not some Christian spirit to be exercised in this matter? “Be ye kind and tender hearted, forgiving one an- other.” A Vorcr—I forgyve you. (Laughter.) Drs, Hiscox, Holmes, Hoyt, Kead and other breth- ren did not like to Brother Geesler’s resolution, but Drs. Knapp, Thomas and others thought it was the kindest ng that could be done to a brother who had previously given the lie to brethren on the floor of the Conterence and never apologized for it, and who now thinks be has a commission from God to insult all who do not agree with him. ‘He has no idea,” said Dr. Thomas, “of withdrawing his re- marks, He has uttered them here to-day in mbre offensive form. We must protect ourselves against such insults, and it we can’t we should disband. Dr. Miller, who was chaplain with the Fifteenth Con- necticut volunteers during the war, got Dr. Samson to preach for his regiment when they were stationed in Washington, September 6, 1802, and the Doctor talked for jom as the most ultra radical could talk.” He therefore defended Dt. Samson's loyalty. ‘The vote was taken and Dr, Fulton was suspended by fifty-two of his brethren against twelve for him. Brother Humpstone closed with prayer for the vi stinate brother. minutes to 8 “MAN’S” FRIENDS. A DEFINITE ORGANIZATION OF THE NEW YORK VOLUNTEER LIFE SAVING SOCIETY EFFECTED. A meeting of the subscribers to the fffid for th establishment and maintenance of a life-saving corps was held yesterday afternoon in the rooms of the Board of Directors of the Maritime Exchange, Mr. William Foster, Jr.,in the chair. A set of byla was presented and unanimously adopted. Accord- ing to these bylaws, the name shall be the “New York ‘olunteer Life-Saving Society.” The officers shall consist of a président, vice resident, treasurer, secretary and board of irectors, to consist of at least twelve members. The Board shall hold in trust the prop- erty of the society and manago its affairs. No pa: is to be given any officer for his services, and ail officers are to be Pero fm All rnoneys of the society are to be deposited in an incorporated bank, and can only be drawn against by orders signed by the president or treasurer. Subscribers to the amount of $1 and upward, previous to the organiza- tion of the society, shail have the privilege of being members, provided they accept the same within peng A days. Parties wishing to become members can do so upon subscribing $5 to the fund, and the annual dues are fixed at $5. The annual election for officers shall take place on the last Monday in each year, and the Bourd of Directors is invested with — all vacancies caused by resignation or Mr. Ball, chairman of the sub-committee, that it was thonght expedient to build one station, and that $160 had been appropriated for that purpose ‘Lhe following officers were unanimously elected Prosident—Franklin Edson, president of the Produce Exchange. Vice Prosident—Brayton Ives, president of the Stock Exchange. Treasurer—Henry J. Robin- son, of the Produce Exchange, Secretary—F. M. Houghton, of the Maritime Exchange. Di- rectors—Captain Paul Boyton, J. 8. Chew and J. D. Cumming, of the Maritime Exchange; James F. Wenman and W. B. Fieldiug, of the Cotton Exchange; G. W. Davis, George H. Broadhead and R. L. Cutting, Jr., of the Stock Exchange; W. R. Foster, dr, and W. D. Morgan, of the Produce Exchange. Captain Boyton declined the position of director, but ‘was requested by the meeting to send in his resigna- tion to the Board, ‘so that they might fill the vacancy. On motion of Mr. McGuire the Board of Directors ‘was given full power to make the necessary arrange- ments for the lecture on life saving from drowning, which Dr. Garrish volunteered to deliver tor the benefit of the society. ‘The meeting then.adjourned. DAMAGES AGAINST A RAILROAD. On the 26th of September last the Southern Railroad mail train of Long Island was wrecked at Maspeth. ‘Tne engine and two cars were wrecked, the engineer and a passenger were killed and several passengers were injured, One of these was Dr. Henry 8. Nash, of No. 43 West Twenty-seventh strect, New York, a dentist, who brought suit for damages, and the case was tried yesterday in the (Queens County Circuit. — Dr. ash testified that his collar bone was broken, one wrist sprained, knee cap broken, and his sight and hearing affected. Mr. Naeh is a member of the National Rille Association, and is known as Dudley, to be distinguished from a namesake. The collar bone being broken shortened the arm, and he has nover beon able to work at his business since. His ‘income in 1877 was $15,000. He sued for $25,000, Dr. Hamilton has doubts of Mr. Nash's ability to resume labor for many months. = jury rendered « verdict for $6,125 for the plain- “ALWAYS WITH YOU.” The following contributions for the poor havo been received at the Hrraun office: — Rukso, for general fund, $20; Van Vorst, for gen- eral fund, $2; W. D., Jr., for Mrs. Hughes, $1; George H. Fickurdt, for family of Lieutenant Benaer, $17. Total, $40. ‘tHE BENNER FUND. CmccKvILLE, Ohio, Jan, 26, 1879, To tHe Eprror or tik HeraLp:— The Cincinnati Gazette advised me that you were getting up a fund for the family of Lieutenant Benner, who died while trying to relieve the suffering caused by yellow fever last fall, Lhave this $17 left over trom yellow fever collections, and wish you would apply itto the “Beuuer fund.” [wish it was more, GEURGE H. £ICKARDT, LOUISIANA FINANCES. ORIGIN AND PRESENT CONDITION OF THE DEBT— ‘TALK OF REPUDIATION—AN APPEAL TO THE BONDHOLDERS TO REDUCE THEIR CLAIMS— INTEREST DUE AND PROSPECT OF PAYMENT, New Onxans, Jan, 23, 1879, ‘The debt proper of the State of Louisiana just be- fore the late war was put down by oficial authority in round numbers at $5,700,000, Immediately after the war an additional debt was contracted— $7,000,000—for levees, and this, with the obligations known as “red backs’’—nearly @ million more— issued principally to meet interest coupons on ante bellum bonds, made the whole debt at this interesting period, after which all of our troubles are dated, at something over $13,500,000. After the Warmoth government came in power & wholesale robbery followed, and the debt was further increased to seven or eight millions more. In 1874, what is known as the Funding bill was passed, and it was first proposed that the State debt should be sealed at fifty cents to the dollar, with interest at five per cent per annum. This, however, was not adopted. Instead, the bonds were reduced sixty cents and seven per cent interest was allowed, as it was claimed by the friends of the measyre that in forty years—the period which the bonds were to run— by the increased rate of interest allowed—they would fully recover what had been lost in making the ex- change. To meet the interest and principal of these bonds the law provided that a tax of five and a halt mills on the dollar should be levied annually on the assessed value of all real and personal property in the State, and that this should be collected for the purpose of paying the interest and principal of the consolidated bonds, and that it should be deemed felony for the fiseal agent or any officer of the State or Board of Liquidators to divert the said fund as provided, and that any party so doing should be liable to imprisonment for not more than ten years or less than two, at the discretion of the Court. The statute was further accompanied by constitutional amendments, which limited the debt to $15,000,000, making this provision a part of the State constitution, declaring explicitly that the revenues of each year derived from taxation upon all real, personal or mixed property or licenses should be devoted solely to the expenses of the year for which they should be levied, and that any surplus remaining should be directed to the sinking of the public debt. Now, it should not be forgotten that the settlement made with the creditors of the State was ratified by a popular vote of the State and thus became an organic law of the land. Immediately after this arrangement was completed a loud cry went up over the whole face of the country that a great debt had been left upon the necks of the people of Louisiana by the carpet-bag government, which they could never pay, and it was Only just and proper that they should repudiate it. Now, our people have so long sung this song that they cannot break themselves of the habit of it and so continue to sing it up to the present time, believ- ing the cruel burden still continues to exist. STAYEMENT OF THE DEBT. How stands the case in fact? $11,724.800 488,100 188,720 $12,401,620 ing han immediately ‘Now, what has become of the seven or after the war, eight millions put upon the State by the Warmoth vernment? This debt has been paid, not by the tate, but by the creditors of the State, the bondhold- ers of the State, by the relinquishment of forty per cent of their claims, sccording to the provisions of act 8 of the session of the State Legislature of 1874; so in actual fact this wholesale plunder, which beyond a doubt did exist under the Warmoth sovernment, has actually not cost the State one cent. In 1873, Gov- ernor Kellogg having his funding scheme in view, payment of coupons due in 1873 were suspended, ‘and the coupons were mostly allowed to be funded, together with the rest of the coupons of former years, Thus the collections for the interest fund made in 1873 were ly in the treas- ury to meet the coupons of 1874, In other words, the State was then ready to pay its interest before the interest was wanted. Through some strange, press ing necessity, however, best known to those in au- thority, it happened that money in the treasury de- voted to the payment of the interest on the bonds had to be for something else. Consequently, when the coupons came up for ment, in 1874, the State, under the law, had to fall back upon the tax of 1874, which was only collected in 1875. ‘THE NICHOLLS ADMINISTRATION. When the present administration came into power the Board of Liquidation under it, finding a deti- ciency in the interest fund and desirous to protect the State, made an arrangement with a fiscal agent, who was to assume the obligation of taking up and holding for his own account such of the interest coupons as might remain un- for want of collection of sutticient tunds, The duties of his office the fiscal agent con- tinued to form without any remuneration what- ever up to 1878. In this year act 28 of the extra ses- sion of the Legislature provided that the fiscal agent should be reimbursed for the amount of his advances, toyether with five per cent extra, which was to be taken from the redemption or sinking fund. When the coupons for January, 1879, became due, the fiscal agent was in advance to the State $205,474 50 for coupons of former years which he had cashed for the state, and therefore declined making any further advances until these were paid. The State could not inake settlement with the fiscal axent, either through iteclf or others, and, consequently, the cou- pons remainéd unpaid, To the unfortunate po- fition of the State Tressurer, whereby he is called to pay the interest on the State obligations before the collections made to mect ut into his hands, the Governor had to call the attention of the last Legislature. It was sug- gested by him that the settlements of the tax collec- tors now made in January should be advanced to De- cember to meet the payments in January, and the settlements now made in July should be advanced to June to meet the payments of interest as they become due. Strange, however, as it may seem, no steps to mect this difficulty were taken. Possibly something may be done by the present Legislature. PROSPECTS OF PAYMENT. If the remedy suggested by the Governor is ap- plied and the assessments made equal throughout the State—tho collection of taxcs being pressed— there can be no doubt that the State will be fully able to meet its obligations, without any further scaling or reduction. Placing the tax- able operty as low as $180,000,000, with # tax five and one-half mills, which is the tax fixed by the act of 1874, we have $990,000—quite suf- ficient to pay the interest on the debt as it now stands, there is great inequality in the mat- ter of assessment there can be no question. In the city of New Orleans it is excessive, while throughout the country it is much below what it should be. One instance is well known where a plantation was assessed at $15,000 which Sy when sold, $90,000, and another instance just been re- lated to me of a place which paid a tax only for $51,000 which the owner would not sell for $151,000, In some places in the country, I am ass even & mild species of bulldozing is resorted to to affect assessments; but there are other modes of reaching assessors besides this which everybody knows have been practised almost evory where, ‘That the present Legislature will apply any remedy to this crying evil is not to be supposed for one in- stant. The county which is always in the majority cannot go 60 much inst its own interests while there are other of mecting the difficulty which would hurt it less. One—most in favor now— is the old trick of calling upon the bondholders to bear the burden and submit again to a further re- duction of their dues, which looks very much like uclual repudiation. Under the peculiar ideas which now prevail a bill has been introduced in the Legisla- ture making aturther reduction in the interest on State obligations to yl ord cent, which, it is claimed, will make ali things fairand practicable, But even the last of those fancies may be questioned. If the State will not pay seven per cent when it can, will it pay six, five, or even four per cent any the more will- ingly? That the present Legislature has no very clear perception of the sacred nature of a contract soeme very certain; that it will attempt to defraud the holders of State obligations seems equally sure; but that this scheme can be carried out to absolute realization without the consent of the bondholders is someth! more than doubtful. The holders of the paid bonds under the act of 1874, it is held, cannot be affected in their rights, insured to them by an orgame law of the land, through the vote of the people of the State, by any Legislature or convention whatso- ever, and the courts of the country, it is believed, will Protect them. VIRGINIA’S DEBT. Mr. Hugh McCullough, president of the Funding Association of the United States of America (limited); Mr. Charles M. Fry, president of the Bank of New York, and 8. J. Ward, of Barring Brothers, leave to- day for Richinond, Va., to attend the conference called by the Legislature of that State, to cousult upon the most feasiblo plan for funding the State debt. These eg will advocate the bill for funding the debt, the dotsils of which have been published in the HrnaLp, BUSINESS TROUBLES, Charles L, Laurence, doing Uusiness as Laurence & Co., “Uptown Stock Exchange,” whose suspension was published on Sunday, mado an assignment yes- terday to Franklin Bien, giving preference to David W. Dasian for $202 12. Jusine W. Meyer, of the firm of Moyer & Geiger, exporters of hardware, made an individual aasign- ment yesterday to Joseph R. Frazier, the firm having made an assignment in December. Charles Schaller, tailor, har made an assignment to Iva L. Bamberger, giving several preferences to the amount of $1,127 50, of which $475 is to bis wife. J. G, McDonald, dealer in crockery in Brooklyn, jas made an sesiguiment without preference to Francis J, McDonald, BOARD OF APPORTIONMENT. ANOTHER LONG DISCUSSION BETWEEN ITS MEM- BERS—THE DISTRIBUTION OF EXCISE MONEYS AND THE QUESTION OF APPROPRIATIONS. ‘The meeting of the Board of Estimate and Appor- tionment yesterday afternoon was marked by two interesting discussions between Mayor Cooper, Comptroller Kelly and President Mott. Tax Com- missioner Wheeler, who was also present, took no part in the argument, The subject of making ap- propriations out of the excise fund to various chari- table institutions was the first one taken up, and Comptroller KELLy, in introducing it, said:—“In re- spect to those matters that were before the Board at the last meeting relating to appropriations fob chari- table institutions we propose not to make any appro- priation, in view of the fact that there is only about $1,800 in the treasury that can be used for the pur- pore.” President Morr—When will there be money that can be used for this purpose? Comptroller Ketty—The matter of the ownership of about $100,000 of excise money is now in litiga- tion, and until the question is decided the only money available for these charitable purposes is what the Excise Commissioners collect from week to week. Before making any appropriation it would probably be better to wait until the Commissioners pay in some money at the end of the month, Mayor Cooren—These three institutionas—the Home for Friendless Girls, the American Female Guardian Society and St, Stephen’s Home—appear to have» legal claim that we must pay. Comptroller Kextux—There are some of these insti- tutions that now come under the law passed by tho Legislature of 1878 making the city support them out of taxes, We only appropriated $10,000 for the purpose, This is the only amount which will be available for 1879. Mayor Coopen—The fund has been divided in sneh @ manner as to make the institutions wait until next mouth. Now, what I would like to know in this connection is about how much money does it take to make payments to institutions where it is made the duty of the Board to do 60? Comptroller Kenty—I don’t recollect the exact amount, Mayor CoorErR—It would appear, then, that such an amount of money has already been distributed mong institutions to which the distribution of ex- cise moneys is optional that there is not in reserve enough to supply those to which the excise moneys are directly appropriated by law, as is the case with the Home for Friendless Girls, Comptroller Ketty—The matter had better go over until the next meeting. ‘THE OLD QUESTION AGAIN, The Comptroller added that there was no other business before the Board, and ® motion was made to adjourn; but, before the question was put, the following interesting discussion took place be- tween Mayor Cooper, Comptroller Kelly and Presi- dent Mott:— President Morr—I havea matter that I would like very much iolay, before the Board in the form of a resolution. I referred it to the Mayor, but the latter said he thought the Board hud no jurisdiction in tho premises, It is in reference to the expenditures of money by the departments in cases where there was no appropriation. Comptroller KuLLx—There have been no bills paid by the Comptroller where there was no appropria- tion which had been made by the Board of Estimate and Apportionment. President Mors—If there are no bills out under these circumstances of course they cannot be paid. But there might possibly be innocent ties who had received requisitions from heads of departments, and they ought to be notified whether or not there is an appropriation to pay. THE COMPTROLLER EXPLAINS, Comptroller Kxuty—How can the Comptroller have knowledge of what the heads of the different departments of the city government are doing ? They may go onand ka materials, contract tor work, and the creditors may have no knowledge that there is no appropriation from which they can be puid. Certainly the Comptroller, as a financial officer of the city, can have no knowledge of the fact. If there is no appropriation, why, the bills will not paid. I would’ like to explain this matter more fully, apd for this purpose I will take the Sheriff us an illustration. His charges are fixed by law, and the bills are presented at the Comptroller's office. We must pay if we have the money, and this also applies to all the county offices. As a matter of economy, when the Sheriff has asked tor $40,000, we have usually allowed him $30,000. ‘Che appropriation will be exhausted in about nine months, and at the close of the year there are $9,000 or $10,000 due him. We know that wey, well, No money has Been prosinen to pay him. ‘is remedy is in the courts, he has recourse to law, when the Cor- poration Counsel is consulted he says the city has no defence, and the Sheriff ob- tuins judgment for the amcunt of his claim. ‘It was to pay just such claims that the appropriation for judgments and claims was made. It is a matter of economy for us todo 80. We save the expenses attendant upon litigation, including interest and heavy costs. To mcet such cases we provided tor them in the appropriation referred to. We always take good care not to pay heads of departments or bureaus any sum of money the expenditure of which is not authorized by law. President Moxr—I can conceive of a department pies ean in cases where the appropria- tions have been exhausted. I would like to ask whether any such requisitions have been honored? Comptroller KxLtx—Such bills have never been paid at the Comptroller's office. A CHKCK NEEDED. President Morz-In my judgment there should be some check put upon the heads of departments, The party receiving requisitious when there is no uppro- priation should be notified of the fact at the time such requisitions are made. Comptroller Kztty—The creditors know that per- feotly well. President Morr—How do they know it? Comptroller Keutxy—They know it by looking at the indorsement on the requisition, which contains the amount which at that time remains to the credit of the fund, President Morr—Then if there is no appropriation it should be stated on the requisition, Comptrolicr Kxutx—That is not our business. The head of a department should never make pur- chases or cuter into contracts when its appropri tions are exhausted. It he docs it he kuows that ho is violating the law and is liable to punishment. President Morr—I think the innocent creditors should Le protected, and an indorsement on the re- quisition should state whether or not un appropria- tion has been made to the bills incurre: Comptroller KxLL¥—Have @ resolution drawn, if you desire it, and offer it in the Board of Apportion- ment. A QUESTION OF AUTHORITY. President Mo1t—I have a resoiution on the subject in my pocket, but the Mayor is of opinion that the one of Apportionment no jurisdiction over the matter. Mayor Coorea—I don’t sce that we have a right to prescribe rulea for the government of any depurt- ment of the city government. The law is very plain on the subject.” We do not wish to recognize in uny way the right of the head of a department to violate the law by incurring expenses in excess of its appro- priation. In my opmion we should do nothing in the matter, Wo have no power to regulate the man- ner in which a department should manage its affairs. Creditors can go to the Comptroller's office and by ¢xamination of the books they can satixfy themselves as to whether or not an appropriation has been made. ‘The heads of departments know that they have no legal power to incur expenses in excess of ‘appropria- tions. If they do incur such expenses they lay them- selves open to punishinent, President Morr—But there svems to have been cases in which it has been done. Comptroller KeLty—Can you point out any par- ticular instances? President Morr—No; only what was spoken of dur- ing the discussion at the last mecting of the Board of Apportionment. All I know of the subject is gathered from what I heard during the discussion. WHEN TRANSFERS ARK MADE. Comptroller Kenty—You must hay misunder- stood the remarks made at that meeting. I said that the departments bad exhausted their appropriations for particuiar purposes and that they had made ap- plications to the ard of Apportionment to have transfers made, When wo were satisfied that the amounts asked’ for were necessary for conducting the business of the bureau we ailowed them the money. in other words, we made no transfers of unexpended balances until we were satisfied that the a would suffer unless the amounts were given. President Morr+-The money may be for a contract which is still running, Mayor Cooren —That is possible, but Ido not sce that it alters the case, use when contracts are made the contractors are required to have notice from the Finance Department of the balances available indorsed ou the contracts, and such amounts should be allowed for in estimating on appropriations for expenditures, If care is taken liabilities in excess of the appropriation should not be incurred againet any fund under contracts or otherwise. Expenditures under $1,000 are generally for ordin: current sup- plies, and can be accurately caleulat be im ad vance. Avd now I would like to ask whether any applications havo been made for transfers of bal- Suces from other departments? Comptroller Kenty—Yes; but we have made no such transfers without theconsent of the departauvents to which the balances were credited. Mayor Coorkk—You have no knowledge in the Fi- nance Department of any department heaving in- curred expenditures in excess of the appropriution? Comptroller Ketty—Neither the Finance Depart- ment nor this Board has bad any positive knowledge of such 8 case, AN INSTANCE IN POINT. Mayor Coorrn—In respect to the application which we had before us at the last meeting trom the Park Department, in which the transter of an appropria tion was asked to bo inade from one account of 1878 to an exhansted account of the same year, 1 coniess Lcannot understand how it is possible to escape the conclusion that the department had exceeded ite appropriation, It seeme to me that the transfor should not be asked for at this time, Unless the ex. penditure had been incurred before the transfer was requested to be made. ptroller Keuy—We had no knowledge on the subject, nor nate se ony hed 44 de ya Mayor CooreR—4t secms to me the face of the communication that the ity had by st been incurred, sas se aan Soma] KELux— io not ything about «pp , Mayor Coorern—In reference to the expenditures for county officers, or the liabilities which accrue by the force of the law itself, it seems to mo the sroner way would be to make a transfer in the year in which | the expenses are incurred. If there is an unexpe: balance it may be transferred. Comptrotler KeLLy—We have oyware taken the pre- caution to find out whether there was any wiex- oe dian balance which was available for the transfer ‘ore we made it, Mayor Cooren—Then the difficulty has been that there was no balance that could be transferred? Comptroller Kenuy—Yes, sir. This ended the dise , and the Board adjourned ‘until next Monday at two P. M. CODIFYING THE ORDINANCES. ‘The Board, before adjourning, was nested by the Corporation Counsel to authorize the transfer of $8,000 trom the “contingencies” account ot the Law Department in order to pay for expenses incurred in eo ring city ordinances, FIRE INSURANCE. AMOUNTS OF PREMIUMS RECEIVED, LOSSES MET AND DIVIDENDS PAID BY CITY COMPANIES. Avnany, Jan. 27, 1879, Following is the annual statement of the New York city fire insurance companies for December 31, 1878, of fire premiums received, Gre losses paid and dividends to stockholde: 44, 199,082 58 68,776.05 70,536 40 40,001 30 6,558 10 22,500 00 93,076 18 40,323 86 80,000 00 65,909 07 33,912 51 - 275,263 91 148,632 67 35,846 00 Continental........1,498,612, 42 675,506 88 184,998 11 Eagle... sees 97,641 41 21,400 52 59,644 00 Kupire City, F,&1. 53,979 88 20,200 80 19,875 00 Emporium ++ 28,640 37 18,003 53 2 +. 112,502 52 49,690 12 20,010 00 145,029 65 38,184 50 © 30,000 00 45,414 98 19,953 23 20,400 00 56,375 02 23,937 36 16,500 U0 80,174 85 37,149 41 _ German-American .1,052,007 50 439,555 63 100,000 00 i ‘871,624 92 192,699 07 110,000 00 76,285 96 30,030 70 20,000 00 + 190,164 35 46,761 01 60,000 U0 68,544 65 28,935 94, 14,000 00 65,449 94 18,735 36° 26,193 36 600,802 02 271,967 27 50,000 00 121,917 23 75,036.49 20,000 00 2,366,600 $41,207,678 49 901,995 00 34,610 51 111 82 15,000 00 177,887 08 62,052 07 50,000 00 70,138 05 26,602 20,000 00 68,795 02. 85,173 16 20,000 00 46,483 618,253 57 36,241 81 64,546 37 24,673 20 14,000 00 98,562 65 45,804 69 24,000 00 135,778 61 98,904 88 20,000 00 43,098 88 17,245 84 15,000 00 104,866 18 48,722 12 40,000 00 619,848 11 358,054 80 25,000 00 45,065 49 9,040 67 24,000 00 ‘Mee's &Tra’s,F.&I. 130,524 68 79,096 45 40,000 00 Mercantile .. 47,612 56 16,105 94 20,000 00 Merchants’ 120,035 57.422 57 32,000 00 National... 55,973 30 20,000 00 New York Bowery 137,413 10 36,878 45 6U,000 00 Now York & Boston 23,892 71 16,114 82 pu 55,146 67 = 15,220 42,000 00 34,111 40 28,000 00 54,369 00 84,854 50 60,000 00 24,000 00 18,000 00 80,000 00 108,342 27 20,000 00 119,607 86 15,000 00 77,840 19 40,090 00 133,893 77 22,000 00 117,509 23 18,000 00 75,464 91 11,989 50 168,715 80 25,000 00 Sterling. 43,725 26 20,500 00 Stuyvesant 45,987 54 28,000 00 ‘Pradesmen’s. 90,119 95 14,921 25 United States 566 00 29,872 00 BROOKLYN COMPANIES. ‘The following are from the reports of the nine Brooklyn fire insurance companies for December 31, 1878, as compared with those of December 31, 1877, the liabilities and surplus being exclus’ ® of cap- Ew SRE Oe $153,000. A 1878, $384,197 83 $378,016 17 ts Liabilities . 26,254 Th 21,492 19 Net surplus. 883. 09 203,043 98 Income. 64,622 O1 57,459 98 Expenditures 59,948 72 62,243 29 KINGS COUNTY—CAPITAL, $150,000. 389,613 70 389,045 61 Liabilities . 44,613 52 39,144 73. Net surplus. + 195,000 18 199,900 88. Income... 99,147 07 93,147 07 Expenditures 109,157 92 382 30 LONG ISLAND—CAPITAL, $200,000, Assets . 612,240 67 Liabilit 30,298 66 Net surplus. 281,942 OL Income... 75,774 08 Expenditures we 93,712 68. 79,755 62 MECHANICS’—CAPITAL, $150,000, Assets... 369,391 O1 375,404 44 Liabilities 42,363 40 38,924 88 Net surplus 177,021 61 186,569 56 Income... 105,556 38 6,939 09 Expenditures +++ 111,082 57 86,971 43 MONTAUK—CAPITAL, $200,000, + 861,217 56 847,500 99 46,301 78 32,393 35 114,915 78 115,107 64 86,995 88 83,324 33. 413,733 31 Net surplus... + 941,38 758,376 84 Income.... 1,771,723 67 1,968,311 06 Expenditures «1,730,219 71 1,940,634 47 RIDGEWOOD, ¥. & L—CAPITAL, $200,000. Assets... 303,066 31 904,663 17 Liabilities. Net surplus. Income... Expenditures. WYLLIAMSBURG CITY, F. Assets... Liabilities. Net surplus. 390,887 23 344,862 77 826,759 24 PREMIUMS, LOSSES AND DIVIDENDS, ‘The following shows the fire premiums received, fire losses paid and dividends for the year 1878 of the same companies :— Fire Losses, Dividends, Brooklyn. $7,823 88 $30,600 00 Kings coun 0 30,000 00 Lor und, ‘92,084 00 Mechanics’ 30,000 00 Montauk. 20,000 00 Nassau, 40,000 00 Phenix. 160,000 00 Piherecs 20,000 00 Williamsburg City. 560,150 00 FARES INCREASED. Receiver Sharpe, of the Long Island Railroad, gave notice yesterday to commuters and all others that on February 1 the passenger rates will be increased to all points, and there was no little excitement on the trains and in the villages along all the lines. The fare from Hunter's Point to Jamaica will be thirty cents, excursion tickets fifty cents; twenty-tive cents to Flushing, excursion tickets forty cents. To Patchogue the fare will be $1 50 for asingle ticket, $2 76 for an excursion. To Greenport single fare will be Fast and bad 0 ‘ an terri » The raise averages per cent. 6 peop! retty generally denounce the management — SEWER GAS, New York, Jan. 27, 1879, To Tux Eprron oy THe Hxnauy:— In view of the fact that no water has run above the second story of houses on Thirty-fourth and neigh boring streets for the past four weeks, it is far from being pleasant to read your thorough and interesting article in to-day’s issue, entitled “The Diphtheria Dis- trict.” All are indeed at the mercy of negligent offi- cials. The rooms on the third and fourth stories of my house are dangerous to ocoupy from the absence of water and presence of # stream of sowor gas. ‘The closet on the third floor gives outa frightful quantity of carbonic acid gas, Are we quictly to submit to be murdered because one will not the trouble to remove the ice, so that the water can run into the ipes. That is the excuse given for the small quan- ity of water in the Park reservoir, Cannot the Hrkary right this wrong hnd save the lives of our helpless families? One hour's work of twenty men would remedy the evil. We call upon you in our helpless. ess against official insole neglect. ee THINTY-FOUMTH STREET, ERHARDT'S CHARGES. Mayor Cooper's Attitude Toward tho Police Commissioners. PROSPECT OF A GRAND ROW. What President Smith Says About the Cause of the Trouble. ———_>____ The battle between the rampant Police Commis- sioners remained in statu quo yesterday, and little if anything was added to the explanation of its causes and probable effects heretofore published. Mr. Er- hardt’s desire for an investigation into the condi- tion of the police force by Mayor Cooper remained as yet ungratified, for the Mayor gave no indication as to what action he intended to take. A reporter of the Henaip waited upon His Honor and thé tollow- ing information was vouchsafed by the Mayor:— THE MAYOR NON-COMMITTAL, “Mr. Mayor, may I ask you what, if any, action you intend to take on the resolution of Commis- sioner Erhardt, calling for an investigation of the Police Department?” “‘As that is a matter for my official action, it would be hardly decorous for me to state in advance what J intend doing.” “Is the matter now officially before you?” “The resolution was defeated, and is, therefore, not officially before me as an action of the Police Board. Nevertheless, I understand it to be the duty of the Mayor to notice and investigate all matters ap- pertaining to the proper administration of any of the departments of the city government.” “Is it probable, then, Mr. Mayor, that you will in- vestigate the Police Department, as desired by Mr, Erhardt ?” “I can only say that the Mayor's duty, in my opin- ion, is to investigate all the departments and to satisfy himself that they are propérly conducted. Of course there isa vast amount of routine business which has to be attended to, requiring considerable time and attention, but I nevertheless hope to be able to straighten out many matters whicu I have now in view.”” GENERAL SMITH'’S REPLY TO ERHARDT. There was much excitement and gossip at the Police Headquarters yesterday as to the probable up- shot of the present difficulty. Commissioner Er- hardt’s charge of inebriety made against the Presi- dent, General Smith, and the latter's published re- tort that Mr. Erbardt.was undoubtedly “crazy,” provoked much discussion, and from the quict “sniggering” of some of the clerks and officers it was manifest that the quarrel had not heightened the re- spect of their subordinates for the fighting Police Commissioners. General Smith was besieged by callers—politicians, friends and reporters—all day and found it no slight task to answer all their tions and give all the desire. explanations. long conversation with a reporter he went into some details as to his controversy with Mr, Erhardt. In reference to Mr. Erhardt’s charge that while Commissioner Nichols was ill no meetin; was held for two weeks because General Smith woul: not attend the meetings, the President of the Police Board said:—“Mr. Erhardt had declined to vote on any bills which came before the Board. Now, I held and still hold, that no resolution can be adopted when only two members vote, and hence it wag manifestly useless for me to attend any meeting at which Mr. Nichols was unable to bo present, while Mr. Wheeler was away. Mr. Erhardt thinks that this rubng is wrong; but as the point is one purely ot ‘liamenti law I submitted the question to as high an authority on the subject as Speaker Blaine, who has written to me a letter on the subject sus- taining my position. At the same time the question has been officially referred to the Corporation Coun- sel, who, however, has not given his decision.” MB. BLAINE'S LEYTE! Wasnineton, D. Jan. 15, 1879. Drar Guvenat—You submit to me this case:—A board of commissioners is created by law, consisting of four mom: bers. It is provided by law that three members of this bourd shall constitute a quorum for the transaction of busi- ness. At a meeting where threo were present, including the president of the board as one of th the president brought forward and. to vote a re ion, The yous and nays were culled and recorded, The prosident of the doard and one of the others present voted in the affirma- tive, but the third member declined to vote. Thereupon the president declared the resolution wot carried, Was bis decision right? 'ANSWEn—Tho decision of the president was unquestion alright, ‘The mere personal p of the tliird mem- ber did'not constitute u quorum in tho sense and within ‘the requirements of the law. A case involving the same point hus very frequently arisen in the House of Reprosen- tutives, where, on submitting @ question tou vote by yeas and nays, less than a quornm voted. A call of the House being then ordered a quorum answered to their names, and again the question being submitted less than a quorum voted ; and this was tollowed by another call, showing the presonce of @ quorum, and thus in wearisome repetition for tn entire day. That © majority of a quorum voted for the moasure epee as nothing, so long as the quorum was not oting. present and not voting on @ viva race vote is to t ase blank is treated when the voteis by ballot—that is, not counted or rogistored at all, In the case submitted, therefore. the third commissioner, y his présence—without taking part in the proceodinge-did not contribute to the formation of A lege! any more than ifhe had been 1,00) miles away, ‘ery respectfully, J. G. BLAINE. THE TROUBLE ABOUT PENSIONING OFFICERS. General Smith also defended his refusal to vote for the pensioning of Gg eee a policemen at last Tuesday's meeting. The law, he explained, provided that officers who had served for twenty years or upward might, in the discretion of the Commis- siouers and by their unanimous vote, be retired on a pension not less than one-fourth nor more than one-half of their pay. Now, the resolution to grant the applications for pensions had failed to recognize the twenty per cent reduction made in tho pay of the police, but proposed to fix the amount of pension at the old standard of pay, and hence the action of the Commissioners in adopting that reso- lution would have been clearly illegal, and he (Gen- eral Smith) could not conscientiously vote for it. It would have been gouty unjust to retire these old officers on one half of their present pay in case tha twenty per cent reduction might be restored. The only way out of the dilemma was to defer action until this question of pay had been settied by the Court of Ap} At the same time it was untrue that he ever said he would never retire # man. ‘THE STREET CLEANING DIFFICULTY. It will be remembered that another bone of conten- tion between Messrs. Erhardt and Smith was Mr. Erhardt’s proposition that he, as well as every other member of the Street Cleaning Committee, should have the power to suspend any member of the Bureau for inefficiency or dishonesty, which was defeated by General Smith. President Smith said he to this resolution, but thought as Mr. Wheeler, who was an active member of the committee, was absent, urtesy required that the Commissioners present should wait for his return before taking any such ac- tion, When the spelt re was brought before the Board Mr. Nichols moved that the resolution lie over until Mr. Wheeler should be present. On this mo- tion Messrs. Nichols and Smith voted in the aftirma- tive, while Mr, Erhardt declined to vote, so that it was not carried. Then the original motion came ¥ and Messrs. Erhardt and Nichols voted “yea” an President Smith ‘‘nay,” so that it was defeated, where- ‘upon Mr. Erhardt declined to serve as a member of the Street Cleaning Committee. THE PROPOSED INVESTIGATION. President Smith said, in conclusion, that he voted to placo Mr. Krhardt’s resolution charging his col- bm nn in the Board with inebricty and calling for an investigation of the ment, on file, because, in the first place, he co: red that no such investi- gation was necessary, and, in the second, because it ‘was of such a character that tho other members of the — i. out of respect for themselves, could not vote for it. Commissioner Erhardt was taciturn yesterday and had nothing to say, and Mr. Nichols also preferred to remain silent. . Erhardt left im the after- noon, after which Commissioners Smith and Nichols held a two-hour conference with closed doors. To- day, it is thought, the Board will hold a mecting and a lively time may be again expected. Commissioner Wheeler is ex] ne Aer back to-morrow from Washing- ton. In polit circles yesterday the general im- pression to be Mr. Er! it’s chances for ation had not been improved by this quarrel. Steven Geoper said latein the atternoon that = nomi- nations for Police Commissioners would be seut in to the Board of Aldermen at their meeting this after- noon. GAMBLERS SURPRISED. Several officers of the Fourth precinct, Brooklyn, fade a raid on & room at the rear of a cigar store on Myrtlo avenue, at a late hour on Sunday night last, and arrested Oliver Rudder, a carpenter, of No, 187 Washington street; John Russell, clerk, of No. 476 avenue; Jessup Dalton, printer, of No. 616 Lafayette avenue; Geo Fisher, agent, of No, 324 DeKalb avenue; James Hawkins, bookkeeper, of No, 143 Sauds sirect, and Henry James, cigar dealer, of No. 169 Willoughby street, on the charge of gambling. The proprietor of the store was al: arteated, , charged with ae ing # house for gambli urposes, Cards and “ch: pe wore seized, rg TWO SUDDEN DEATHS, Mra, Annio Stowart, wife of Mr. Robert Stewart, Qn engraver, of No, 104 Hall street, Brooklyn, died suddenly on Thursday evening last, of heart disease, Just previous to the funeral P Poa afternoon, Henry Kodford, @ florist, of No. 12 Wort Greene Place, while on his way to Mr. Stewart's residence with flowers purchased of him, dropped dead wituin ‘& few feet of the house,