The New York Herald Newspaper, March 11, 1879, Page 8

8 THE COURTS. Shot by a Friend and Compelled to Prosecute Him THE RETORT COURTEOUS Charge of Perjury Growing Out of the Late Arson Trial. Acase of somewhat enlivening surroundings was y in Part 1 of the Court of General Samuel ¥ -y was charged with shoot ing Charles H. Doran: alias Jeck Strauss, in the saloon No. 1,397 Broadwey, on the night of Novem- ber ll, As Dorauss entered the saloon he encountered Perry and several of his companions, and invited them to drink, With the exception of Perry ali ac- cepted the invitation, Subsequently a quarrel ensued, im the courso of which Perry ac- cused Doraitss with having come into the stdre to kill him. SR _1 did ” observed Dorauss; “but what (407 . Perry,., upop..,.chis, drew a revolver and shot him twice, the bullets en- tering his right shoulder and left breast. Dorauss, in an unconscious condition, was conveyed to the Twenty-ninth y nct police station, where the wounds were promptly attended to. He declined to swy who shot him, but Captau Williams learned who his assailant was and compelied Dorauss to give bail inst him. Mr. A. H, Purdy defended in answer to his interrogatories as a civil engineer, but had noi ness since he was twenty ie ‘s had becn fined $250 for keeping a gam! house in Boston, had served one year's imprisonment und was fined $1,000 for personating @ police ofiicer, and was sentenced to four years’ imprisonment in Troy for burglary, his teria having expired last April. ‘Che wituess further desire to make aay compla recovering from his injuries, but was taken into cus- tody by Detective Dunlop and bronght before Captain Ww: was, Who insisted upon his making & complaint. n he found that he would have to appear against © promised the Captain he would appear in He was locked up and gainst Perry siter Perr court whenever called upon. had to make a compiaint against Perry. ‘The witness admitted that he had been forced to make the com- jaint against Perry by threats of imprisonment. In. reply to Assistant District Attorney Bell Doraues said he was not armed ou the night in question and entertained no grudge against Perry. ‘fhe further hearing of the case will be resumed to-day. OPPOSING THE ATTACHMENT. The late Robert W. Mackey, former State Treas- urer of Pennsylvania, appointed as one of his execu- tors William McCandless. The latter found, as ho claims, $51,000 owing to the estate by Phil. Daly, this sum embracing Daly by Mr. Mackey. This portion of the claim, it is averred, was sold to Mr. Theodore Walton, pro- prietor of the James Hotel. Mr. Walton not succeeding getting the clain ob- tained a warrant of attachment against the safe of Daly and some money he had on deposit “in the Second National Bank, the total sum uttached being $6,485 58. A motion ‘Was tuude yesterday betore Judge Lawrence in Su- reme Court, Chambers, by Mr. D. B. Childs on halt of Oscar Gunn, who claims that $5,222 of the money attached is his private property. Mr. J. N. Schowdy opposed the motion, claiming that Guay and Daly were in partnership in a club Louse in West -filth street. ese gentlemen are persons who play chips, Your Honor,” said Mr. Schowdy, “and that's about all you want to know about this case.” “Give U6 an opportunity for cross-examination and we will show that other parties played clips also, After some further discussion Judge Lawrence took the papers, reserving his decision, OFFICIAL UTTERANCES, In the matter of the estate of Amelia Smith, a mo- tion was made yesterday before Surrogate Calvin, on the purt of Morris Posnanski, for a reargument of the motion to compel the executor to pay over cer tain sums of money. Mr. Settle, counsel for the heirs, opposeu it on the ground that the matter had been Onally determined by the Surrogate, and that no legal reason was presented by the executor for such reargument. Judge Dittenhoefer, who ap- peared for the executor tor this motion, read from the Surrogate’s written opinion stating that the ex- of the mutter had -been a very laborious t the report of the auditor was confused and embarrassing, and that he himself had not been lin the disposition of the case by the briefs of el. hat was the case when I wrote the opinion,” in- terrupted Judge Calvin; “but I think afterward I did se we know nothing of what occurred said Judge Dittenhoefer. ‘We rely upon the ‘official utterances’ of the Surrogate; and in the language of Sir Joseph Porter, the ruler of the Queen's Navee, official utterances are always unan- Afier some further discnssion the Surrogate took the papers and reserved his decision, THE LATE ARSON TRIALS, Recently, during the trial of Freeman and Bern- Stein in the Court of Oyer aud Terminer for arson, it being averred that they set fire to the five story tenement house No. 11 Ludlow street, one of the witnesses, « glazier named Cohen Davis, residing at No. 76 Eldridge street, it is alleged, committed per- jury in endeavoring to prove an alibi by swearing that on the night of the fire Froeman was in his house, No, 44 Hester street, tor several hours re aud after the occurrence, the wit- ness, it is claimed by the prosecution, know- ing that such statewent was untrac. Under the cireumstayces Assistant District Attorney Hollins had Davis indicted, and carly yesterday morn- ing Detectives O'Connor and Field, of the District Attorney's otlice, took lium into custody. The secused was arraigned in the Court of General Sessions and tendered @ plea of uot guilty, The case will be on the calendar to-day in trial. ‘Joseph Levy, who was indicted with Bernstein, Perlstein and Freeman, has been reindictédas an accessory before the fact to arson in the first degree. When arraigned he pleaded not guilty to the new indictment. PENALTY OF A BAD RECORD. Late on the evening of April 21 John Donohue en- terod the elub rooms of the Trainor Association, No. 166 Christopher street, and fell asleep. While thuubering Le was relieved of his watch, and subse- quent investigation showed that while he was asleep two other members of the association, uamed Jolin Joyce, alias “Yallow,” and Frank Montagne, had in- timated their desiré to “go threngh Bim.’ The I v the watch was subsequently returned y brother and the former was arrested, He Was tried and convicted of receiving stolen goods. When called to the by Assistant Dis- trict Attorney I evidence of previous 8 unable to produce r, though an 4 t purpose. Ju eed him to the Stat five years. SUMMARY OF LAW CASES, Ex-Judgo Gunning 8. Bedford, W’lliam Cruikshank and George W. Swords wore yesterday appointed by Lawrence, Commissioners for the opening of seventh street and Third avenue to Kast River. Prison for Bixty Joseph Glennan, of Rondout, Ulster county, and Richard Kannan, of Rheineliff, in the same county, wero brought before United States Commissioner Shields yosterday eharged with failure to pay the goveTninent ‘ia imposed on zetail liqudr dowtera. ‘They gave baid iy 9260 each to await the wetion of the Grand Jury. In the suit ef the Donner and De Castro Sugar Re- filming Company sgainst the ship Strand, an order of Teference to Commissioner Lyman was yesterday Judge Choate, inthe United States District o ascertain the amount of damage to the go arising through the alleged negligence of the ‘* while the ship was lying at the wharf in Brooklyn. John 4. Knapp has sued out @ writ of habeas corpus to procure the custody of his two childron, Adriance A. Knapp, aged sixteen, and Nellie H, Kiapp, aged tweive, who, he says, are now with their mothor. In his petition he says that in Jant- ary, 1876, be was granted by Judge Dykman in Brookiyn ov of divorce trom his wife, whieh de e gave to him the custody of his five children, When the m: ip for a hearing yesterday before Judy: in Supreme Court, Cham- bers, it was tate ense was the alleyed obtining of « divorce in Indiana, of which no proof had been furnished, vo ten days to submit further papers in the ca: trial of Frank Mi coy & hatter, of avenne A on the and Seventh stree harge of receiving stolen wed betore Judge Gilder- '° Cantine, a porter omployed by Korn, hat manufacturer at Spring and Grene strovis, concocted @ seheme to rob his employer, and, with the aid of two persons, named James F. Gould and Morris Kuss, stole $1,000 worth of hat Lodies, Woolley bought the hats for $350, and the « were divided, Gould, Russ and’ Cantine » arrested as the thieves and Woolley ns tho re- ceiver. It was shown on the part of the prisoner that Woolley, in porehesing the goods, had acted in good faith, and the jury acquitted him without leav- ing their seats. Gould, Cantine and Kuss, who had already pleaded guilty, wero called to the bar for bling | ted that he did not | . NEW, YORK HERALD, TUESDAY, MARCH ll, 1879.—TRIPLE SHEET, sentence, and Judge Gildersleeve sentenced them to two years éach in tue State Prison, A inotion came up in Supreme Court, Chambers, yesterday, before Judge Lawrence, brought by Mr. George W. Wilson, counsel tor Samucl Goodwin, the eomnittee of Diana Bannister, to compel the sisters dane Giles and Ann Elizabeth ly, to surrender the clothing of their sister which they had refused to deliver to Mr. Goodwin. Mr. Ambrose H. Purdy op- posed the motion on the ground that Mr. Goodwin is not the committee, having disobeyed the order ot the Supreme Court, forty days since. Mr. Wilson retorted:— “Then if the Court please, if that be 0 Your Honor has been put to much useless trouble in the motion to remove Mr. Goodwin as committee when the gentleman now says he is not occupying thet position,” This provoked a smile from the Court, Judge Lawrence then said that he intended to look after the interest of Mrs. Bannister, and sho should have the benefit of her things now and nob suffer for the want of them while this controversy was going on, Mr. Purdy stated upon this that he was willing to send the things immediately to Mrs. Bannister, Mr. Wilson said that was all he desired and accepted the offer, which brought the motion suddenly to an end. Charies Hartt, lessee of a house in Groene strect, brought a suit against Police Captain MeDounell tor $2,000 damages claimed to haye been done to the building through breaking open the door in order to arrest one of the female iumates, who was arrested for soliciting men from the streets for imiaoral pur- poses, to the annoyance of respectable eore living in the neighborhood, In asuitin the ame Court a verdict was given for the plaintiff, irom,which the deteudant appealed. The Geaeral Teria of the Court has just given an opinion, Judge McAdam writing the opinion, reversing the judgment and ordering a new trial, Hoe holds that the defence conld not be set up on behalf of the person arrested that her arrest was illegal on the ground tuat her room was her home and consequently her castle. COURT CALENDARS—THIS DAY, Surmemn Coney. CAM Erte nen by 3 e Law- rence.—Nos. 1, 47, 61, 63, A . . 175, 190, 196, 223, 224, 280, 235, 243, 250, 251, 7. Surkems Count—GENnEnaL Tenm—Held by Presid- ing Judge Davis and Judges Drady and Ingali 1643, 170, 175, 154, 188, 194, 195, 142, 1 Vau Brunt.—Demurrer—No, 23. Law and fact— Nos. 501, 593, 835, 347, 835, 859, 367, 917, 923, ST7, BS2, , B84, 922, 926, 804, 66, 563, O74, 36%, 45, 824, 495, 608, Gl, 485, 640, O41, G42, 721, 712. Part 1—Held by Judge » 42 2 2428, 180545, 28565, 2057, 19, 8820, 3921, 2951, 2174, 2243, O4z; 2763, Part 2—Heid by Judge Barrett.—Case on. No. 4177, White, &c., v8. Dry Dock, Enst Broadway and Battery Railroad Company, No day calendar, Part $—Held by Judge Donolie.—Nos. 2987, 26 3056, 3036, 7 2136, 1922, 3197, 3196, joe 5 a a 2717, 2: 2. 2806, 8215, 3291, 3302, 3338, 1292, 2 162734, 2600, 3185, 3195, 3199, SUA, B43. SUPERIOR COURT—GENERAL SERM—Held by Judges Van Vorst and Sedgwick.—Appeals from ordera— Nox. 4,5, 7,8. General calendar—Nos. 31, 33, 34, 36, 37, 42, ue purERIOg CovaT—SPkcIAL Tznm—lield by Judge Freedman.—Case on, No. 2. New England Iron |. Company vs. Gilbert Eleyated Railroad Company. No day calendar. Surenion Court—TaiaL Term—Part 1—Hela by Judge Spcir—Nos. 423, 529, 524, 403, 10144, 102, 106, 631, 607, 308, 576, 633, 619, 506, 325, 622, 650, 453, 593. Part 2.-Adjourned for the term. ComMMON PLeAS—GENERAL Tenm—Held by Chief Justice C. P, Daly and Ju Van Hoesen.—Nos. 3, 4, 8, 14, 29, 23, 25, 34, 9, 30, 26, 41, 42, 51, 53, 58, Com Txnu—Held by Judge . 7 ands, Common Larremore.—! z Common Preas—Equrry Tznm.—Adjourned for the erm. Common Preras—Tniau Tenm—Part 1—Held b; Juage J. & Daly.—Nos. 921, 925, 858, 960, 1022, 1964, 901, 880. 1742, 683, 967, 883, 934, 441, 975, 976, 978, 979, 1222, 172, 173, 876, 917, 361, 963, 936, 1935, 985. Part 2.—Adjourned for the term. Manne Court—TntaL ‘Benst—Part 1—Held by Chief Justice Alker.—Nos. 5509, 1582, 4713, 5506, 4875, S177, 3173, 6021, 5398, 5521, 5777, 5430, 5492, 5001, 4790. Part 2—Heid by Judge Shea.—Nos. 5455, 5411, 5068, 912032, 5456, 5530, 5537, 5556, 5659, 6538, 6550, 3500, 4149, 5372, 6538. Part 3—Held by Judge Sheridan.. Nos. 5343, 4638, 4664, 6082, 5845, 2799, 4455, 5353, 5564, 5565, 5666, 5567, 6569, 6570, 5296. Counr oF GENERAL Sxsstons—Part 1—Held by Judge Gildersleeve.—The People vs. Thomas Mc- Keana and Jobn Daley, burglary; Samo vs. George Allen, grand larceny; Same vs. John Weiss, grand larceny; Same vs. Ernst Neithardt and Margaret Ortong, grand larceny; Same vs. Cohen Davis, per- jury. Part 2—Heid by Judge Cowing.—The People vs. Jennie May, felonious assault and battery; Same ys. Joseph Ribino, felonions assault aud battery; Same vs. John Smith and Thomas Henderson, bur- gaz: Same vs. Thomas Rvilly, burglary; Same vs. ward Hemmingway, grand larceny; Same vs. Darwin Esmond, torgery; Same vs. Mi Long, misdemeanor. . A NEW LAKE PORT. SODUS BAY, LAKE ONTARIO, AS A NORTHERN TERMINUS OF THE DEEPENED CANAL ROUTE FROM THE LAKES—-INCBEASING THE TRADE OF NEW YORK--HOW THE GRAIN OF THE WEST MAY BE DIVERTED FROM THE ST, LAWRENCE TO THE HUDSON, New York, March 10, 1879, To rae Eprror or THE HeRALD:— The recently published, statement of State En- gineer Seymour to the effect that increasing the depth of the Erie Canal to the extent of one foot would bring to the city of New York yearly an in- crease of 90,000,900 bushels in her grain trade, with an addition of $10,000,000 per annum to hér wealth, ia one that has created no little comment in grain dealing circles. It is of especial interest when coi- sidered in connection with the fact that through a waut of foresight amoag New York men this trade is not only lost to the city but to the country, as pre- cisely that amount finds its way every year through the Welland Canal to Canadian ports. This competi- tion of -the Canadians, yearly growing in its impor tance, must be met by prompt and decisive action if we would retain our pre-cminence in this important branch of trade. In order to accomplish this great end it ix plain that we must offer to shipping an outlet to the sea superior to that now offered by our good neighbors, the Canadians, by way of the St, Lawrence iver, ‘The Welland Canal is an established fact. It is 28 miles long, 40 feet wide, and with «depth of water in the locks of 10 feet 5 inches, which depth will, by the improvements rapidly approaching completion, be increased to twelve or fifteen feet. ‘This improve- ment practically removes the obstruction created by Niagara Valls, which so long diverted the entire trade of the lakes through the Erie Canal to our waters, It is useless to attempt a reign) eto ut this point, as that would necessitate the deepening of the entire length of the Erie Canal (352 miles) at least five feet, which wouid be required, in addition to ite t depth of seven fect, to make it rival the Welland Canal in depth. itis obvious at a glance at figures that any effort to seie the grain before it reaches Lake Untario is out of the question. Wo must therefore, if we would prevent the laden ves- sels which have passed the Welland Caual from con- tiny! to salt water via the St. Lawrence River, otter them on our shore of the lake a port which combines the ad vant of a safe and commodious harbor aud a cheap ud connection with & more advantageous ocean port than the Canadians can offer. ‘This port exists on the southern shore of Lake Ontario, and is well known to lake navigators as Great Sodus Bay. The national government, appreciating ite yreat natoral advan- tages, have in the past few years expended $300,000 or $400,000 in the construction of piers and ligat- Louses, vahich improvements Lave made it, beyoud doubt, @ harbor perfectly adapted to the requirements of the entire grain trade of the lakes. The dimensions of Sodus Bay are #ix miles in length by trom two to four in wideb, parsoning the entrance, thus form- ing a completely landlocked anchorage, with a depth of water suflicient for vessels of the largest tounuge. So much for its accommodations asa harbor; as to its advantages as @ receiving point for aia it i# by 100 miles the nearest available lake port tothe cities of New York, Philadelphia and Baltimore, and it is the only harbor on o Outario that cum accommodate an oxteusive ship- ing. ‘Che Erie Cavai at Clyde approaches Sodus y within 10 miles, and the intervening laud, by its topographical formation, atiords an easy route for @ connecting canal between them. This is an importent improvement in canal navigation whieh it is obvious our State government should have imule years ayo. Undoubtedly, hud the promoters of the Erie Canal foreseen the enterprise of the Can- adian government in building the Welland Canal they would have saved the immense expense of ox- tending their work to Butialo, aud selected this port : the aa point of the imiaense products of 1 West. Moreover, if the improvement recommended by Engineer Seymour to deepen the canal were effected from its outiet ab the Hudson River to Sodus Bay, instead of throughout its entire length to Builaly, it would be a saving of 100 miles of dredging and would afford the shortest possible route trom the reat lukes to tidewater, ‘Those facts, although possibly new to the goueral pubiie, have long been well appreciated by men of science, The late James Renwick, one of the fore- most engineers of his time, eps advocated a canal to Sodus Bay, and know! the large business such @ measuke would attract from the lakes said “timt it only needed this @mprovement to make at thie point one of the first among the rising eaties of the western part of the State.”’ have ined my remarks #0 far to canals, Not less importent are its railroad connections; which could, with a tew additions to existing lines, be es- tablished between Sodus Bay and tue cities of the Atlantic seaboard, Already a failroad is in opera- tion between Sodus Bay and the coal flelds of Penn- sylvduia, over which large amounts of coal are an- nually shipped. Ihave mentioned this in connec- tion With the grain trade, as the advantages of a re- turn cargo are well known to shippers. With these facts-in view it is manifestly to the advantage of New York city to develop this superb harbor as a re- ceiving point of the cereals of the West aud an im- portant udjuact to ite buskaess CLINION, THE “L” ROADS. Judge Barrett Decides that They Are * Subject to Taxation. WIIAT THE AUTHORITIES SAY All Superstructures Erected on the Land Held To Be Realty. An important decision was rendered yesterday by Judge Barrett upon the question raised before him in Supreme Court, Special Term, as to the taxation of the real estate and personalty of our clovated rail- road companies. In this particular case he was called upon to décide the extent to which such taxes way be legally imposed upon the New York Elevated Rail- road Company, which company had taken exception to the tax levied by the Tax Commissioners. Iu its tax schedule for last year the Commissioners of Taxes im- posed a tax on the personal property of $10,000,W00 and upon the real. estate a tax of $204,000. ‘The railroad company entered its protest against any such taxation. Finally the tex on per- sonal property was reduced to $150,000, but the Commissioners refuced to make any reduction on the taxon real property, having imposed such tax on a valuation on the real estate of the company, as given in the report to the State Engineer and Sur- veyor, in which the value was stated to be $2,673,090 17. The matter came before Judge Bar- rett on a writ of certiorari to review the action of the Tax Commissioners. There was a vory lengthy argument, Corporation Counsel Whitney appearing on behalf of the Tax Commissioners and Mr. Dudley Field for the railrdad company. The principal point raised on behalf of the company was that, if the ground taken by the road is technically real estate, its taxable value is nothing, as the founda- tions are below ground and do not interfere with the streets, It was claimed that the taxation in view of the actual square feet of land taken was at the rate of over $1,000,000 a city lot. Large stress was laidon the five per cent net profits part of the franchise, which, it was claimed, should exempt the company from any other payment to the city. All of these points were, of course, strongly combated by Mr. Whiting, and {hey are reviewed at length in the opinion of Judge Barrett, given in full below, in which, as will.be seen, he confirms the tax on the real estate of the company but vacates that upon the personal property :— JODGE BERRETT’S OPINION. With respect to the foundations and superstruc- ture, the case is directly within the principle of the Railroad a, ys. Cossity, 46 N. Y., 46, and the People vs. Beardsley, 52 Burt., 105. The track of a railway company was thero held be taxable as “land” under tho statutory definition of that item. It matters not that the easement is unaccownanicd by the tee, nor even that the fee is vested in the taxing authority (same cases), Sofar as this ques- mucerned there is no distinction in tion is co: rinciple between elevated and surface railways. One is ag much within the statutory phrase, all buildings and other articles erected upon or aflixed to the land, as the other, The cohunns of the elevated railway are “articles” erected upon und affixed to the 3.80 ig the roadbed which rests upon the columns. ‘Tho depot houses and stairways leading and attached thereto are “buildings.” ‘True they do not rest di- rectly upon the surface, but they are erected thercon and aflixed thereto, in a i gary differing unly in degree from houses built upon spiles or other made fixture. fs CONTINUOUS RAILROAD BRIDGE. But even it such an elevated structure should be treated as in the nature of a bridge—that is, & continuous railroad bridge—it is estill tax- able as real estate (the Hudson River Bridge Company vs. Patterson, Court of Appeals Mas.) to the fouudatic standing alone, they are clearly within the ge common law rule as to fixtures (Walker vs. Sherman, 20 Wend, 655; Bishop ys, Bishop, 11 N. Y., 123; Suedeker vs. Wai 12. N. ¥., 170). In tho case lust cited a statue, w: Was not even fastened to the base on which it rested, and which could have been removed without fracture, was treated, as between mortgagor and. mo: ee, as part of the reaity. It is urged, however, as the toundations do not rise above the surfaco, they are not within the statute. he only authority to which we have been referred in support of this proposition is The People ys. the Board of Assessors, SUN. Y., 81. It was there held that the mains of a gas com- pany under the strects of the city cannot be regarded ag real estate within the urposes of taxation. But there is # plain Hisdnetion between pipes which are to remain permanently under ground and the open foundation of an: above grow: structure. In the’ one case the article ruus in through, in the other it rests upon the earth. The land does not end at the sur- face. Affixing a thing to the bottom of au artificial depression of a few fect is as much an affixing to the land as though it had been placed upon the original surface, And uj what do these. toundations rest if not upon the land? And to whatare they affixed? Farther, they are to form part of the contemplated structure. The latter will rest primarily upon its foundation, yet in its entirety, foundation and all, it will clearly “erected upon” and “aflixed” to the laud. 1t would seem as though the part should be Seated as having the same characteristics as the whole, ‘HX FIVE PER CENT NET INCOME PAID THE CITY. ‘The next consideration is whether the relator has, by special statute, been exempted trom taxation upon its real estate. Such exemption is claimed under chapter 855 of the Laws of 1863, The second section of act provides for the payment by the com- pany to the Comptroller of “five per cent of its net Frectue for the purpose of the im- provement of the condition or appearance of the strecta or parts of streets or aycuucs pr piers through which said railway shall be constr by preserving or ti iting shade trees, or by other embellishments or improvemeuts of awnings and sidewalk structures which may tend to render the general condition and appearance of the strects aforesaid satisfactory to the citizens dwelling in or frequenting the same.” ‘Che third section declares that (he payment of the five per cent ‘‘shall be the ul compensation in full for the use and occupancy of the streets by said railway us gee by law, and shall constitute an agrecinent iu the nature of a compact between the city and constructing company, entitling the latter or its successors to the priv- ileges and rates of tare heretofore or hereinafter legalized, Which shall not be changed without the inutual consent of the parties thereto as aforesaid.” Afurther employment of the five per cent is indi- Ft in the fourth Carentan a ae follows :— “The Cen mentioned in the Reesectig section si be considered as covering all claims for the removal of obstructions or structures found line of said railway owned by com- panies or individuals.” Vurther, the five per cent is not to bo mingled with the general rato funds, nor is it to be expended by the regular of the municipality, but by certain commissioners, subject only to the appro of the Mayor. The lan- gilago of the act on this head is as follayys:—*To this end the commissioners aforesaid stall Rave ‘panes’ expend reventies received from the specified per- centage in suéh manner as they shall deem best to promote the object atoresaid, subject to the official approval of the Mayor of the city of New York. The Comptroller of sald city is hereby directed to keep aid revenue distinct and apart from all other funds, and to pay out of it warrants when signed by the commissioners and accompanied by vo' forthe expenditure indorsed as approved by the Mayor; and the youchers for the compensation ofthe com- ee cae when approved by the Governor, shall also be paid from the same fund in like manner.” PRINCIPLE OF EXEMPTION FROM TAXATION. ‘Thess provisions must be considered in the light of the general hee a that exemption from tuxa- tion will not be rightly presumed. ‘lhe intention to exeinpt must, in every case, be expressed in clear and unambiguous terms (Covloy on tion, 146). it was #aid in The Mayor vs. The Baltimore and Ohio Railway Oompany, 6 Gill, 288, thut “The ‘ht of taxation i# never presumed to be surrendered by the 80" power und such surrender is never made, unless it be the result of a eed torins oF necessary inference” (see Hilliard on Taxation, 72; Gordons v8. ‘tho Appeal Tax Court, 3 How., section 11, 244; Del- aware Kuilroad tax, 18 Wall, 224). Now, in the prea ent instance it Will bo observed that tho five cont is to be kept distinct and spart from all funds and is to be especially applied to the improve- meant of the streets occupied by the railway, the compensation of the commissioners anid 49 cortain inst the company. It will contingent claims also be noted that the five per cent is not only for the use and occupancy of tho streets, but for the privilege of charging certain rates of faro in excess of that allowed railromds in general, ‘These provisions are but apparoutly in the interest of the city. Closely scrutinized, their real character is evident. ‘They are, in the main, in the interest of the relator. At all events, their advan- tage to the clty iw remote ond problematical. Cer- tainly there ts nothing in them indicating an inten- tion to exempt the relator fro 5 upon its structure, for govern pA Again, the right to use and occupy the streets, to construct @ raidroad thoreon and to charge certain ratomot fare is & trauchise. For that franchise the Logisiatiire required what, superficially considered, avout like the paymont of a bonus, in the shape ot an ann! Pyrite of net profit, the city being the nominal recipient, bat the commissioners hay- ing substantially full control of its expenditure. Assuming it, however, to be a solid and sufficient bonus there is hero no attempt to tax the franchise. Tndeed, under the laws of this State @ mere trunchise is not taxable except by special statute. Nor could it probably be taxed even by gtatute iu view of the contract which the ture has made for these parties. But it is perfectly well settied that the strocture is taxeble, although the may be exempt. ‘Lhe case of ve. | Now York (chapter 302 howe 68 New York, 555, is directly in point. e Court there raid that “a person may have # franchise to build und maintain a and take toll tor its use. The bridge, as a structure, ds not a franchise, Mo may not be taxed on his tranchise, but he can be taxed on the structure as real esiate, A railroad company has a frauchise to construct and Diaintein a railroad, Tis franchises caunvt be taxed, but its road and other structures can be taxed 2s real estate.” The relator’s contention is that as the easement cannot be enjoyed without the foundation aud superstructure, the right to the former carries with it the right to the latter also. ‘To tax the ac- cegsories,"’ says the learned counsel, “is to tax the principal, which is contrary to the contract.” The auswer to this may be given in the words of the Court of Appeals in the Smith caso—'fhe bridge and may not be of any use to their owners without the franchise pertaining or incident to them, and yet they may be taxed, and for the pur- pose of fixing their value the uses to which they may be subjected must be considered” (citing au- thority, The People vs. Barker. 43 N. Y., case was stronger than the present, for contract was not made forthe city by the Legisla- ture, but was the direct act of the municipal author- ities. ‘Che grantee had paid to the city the price agreed upon for franchise. He argued just asthe re- lator does here—that having paid for the use and occupancy of the land the tax upon the structure wes an attempt to pay twice for the same use. But the Court said, in substance:—“No, you are not taxed at all upon the franchise, but upon the structure. Lhe latjer y not be of any use to you without the franchise, and yet you may be taxed thereon.” To the sume eifect is the case of the Hudson River Bridge Company vs. Patterson (ubi sup). GOVERNMENTAL PROTECTION. And this is just, ror the structure as such should pay for governmental protection; that, inde- pendentof the bonus for the exceptional privilege of erecting auch structure on city property, und for the substantial monopoly of a lucrative business condueted thereon. Were it otherwise, we might for but a small building right gowpensation soon have in our midst a large class of privileged struc- tures of enormous value. (4.) As to the amount of the tax, it is claimed that there was a gross over- valuation, and that the assessors should havo con- fined themselves to the area covered by the founda tion. But it is not the space in which the founda- tions rest that is taxed, but the foundations them- ves, together with the superstructure, Tne value Js lott, by law, to judgment of the assessors (The f People” vs.’ Barker, 48 N. ¥., 76), subj to revision where they proceed upon an erroneous principle. No such crroneous principle has been pointed out. Ihideed, even if the space oceupied by the relator were in question, the case would be covered by The People ys. Barker; for it was there held that tho assessors are not required to assess the real estate of a corporation as ‘an iso- lated picce of land,’ but each piece of property is to be estimated in connection with its positions, its in- cidents and the business and protits to be derived therefrom.” (See also the quotation above from the opinion in Smith vs, The Mayor.) ‘THE TAX ON PERSONAI. PROPERTY. It foliows that the tax upon the relator’s personal roperty was crroneous. Indeed, it is conceded that if the structure be taxable as real estate the personal tax cannot be upheld, The reason is obvious, The relator’s capital stock (paid in or secured to be paid in) amounts to $1,068,000. Even the assessed value of its real estate excecds this sum; consequently not at present remains to tax. It will, there- fore, be unnecessary to consider whether the methods adopted on this were regular and in accordance with the terms of the statute. ucstion is as to the procedure. The point which the relator makes is that the Commissioners should have arranged the assessment rolis in five columns, under 1 Revised Statutes, 415, as amended by chapter 604 of the Laws ot 1863 and chapter 456 of the Laws of 1857, Without considering the question whether these forms have been modified by the sy statute for the city of ws of 1850), it is sufficient to say that there is nothing in the record to show that the methods of the Revised Statutes have not been pursued. The assessment roll is not before the Court. It was not returned by the Commissioners, for the reason that it was not in their hands at the time of the service of the writ, having already been delivered by them to the Supervisors, as required by law. The books may huve been kept under chapter 302 of the Laws of 1859, and yet the assessment roll prepared theretrom may have been in the form prescribed by the Revised Statutes. ‘Lhe books contained all the necessary information. Non constat, but such information was properly utilized. But even if the assessment roll were not in dabepe conformity to the statute it by no means follows that the entire pr js should be set aside and the relator absolved from taxation, RECORDS IN THE CASE. fi Even in The People vs. Board of Assessors of Brooklyn (ubi ere where the Court held that the Assessors had “disregarded the miundute” of the statute and had thus “put it out of the power of the Supervisors to assess proper tax,” but not entirely reversed; and the assessinent as thus corrected was direcied to stand. In other words, tho relator must int out the particulars in which it hus been pre- Feats eye with statutory methods, and thus the Court will seo that substantial justice is done. It is not denied, however, that there may be such radical defects and irregularities us to render mere correction impossiblo and that where such a case is pespences, the entire proceedings must necessarily vacated, boven the point taken upon the ent that the do not give the street, ws and map numbers, is not reported inthe printed brief which’ has been submitted. It will, therefore, be unnecessary to notice it further than to say that the statute of costs refers only to property which has a street, and map number, and not to “the other assessa- ble property,’ which the Seputy, commisgioners are also required to examine asses. The proceed- ings with respect to the foundations and suporstruc- ure must be affirmed. Those with respect to the per- sonalty must be reversed. RAPID TRANSIT CONTRACTS ‘The trial of the suit of thé New England Iron Com» pany against the Gilbert Elevated Railroad Company to recover some $4,000,000 for an alleged breach of contract to build the prosent Sixth Avenue Railroad and its tributaries was continued yesterday, before Judge Freedman, in the Supreme Court. Mr. E. H, Minyy reeuiied ‘is Soamsisstion, tls testswohy rez Intedchictly to the plaus of the road. ‘The defendant claimed that the plans were incomplete, Alter a long examination as to an alleged reassignment a2 adjourament was taken, JONATHAN T. WELLS’ CASK. The report of Mr. Van Sinderin, roceiver in the case of Mr. Jonathan Tremaine Wells, the wealthy and cecentric old bachelor, whose sanity was lately questioned before a Sheriff's jury of Kings county, was filed in the office of the County Clerk yesterday. According to the report the estate of Mr. Wells, ‘The remaining im ig valued at $846,000, has been returned to —-— + + MARRIAGES AND DEATHS, ENGAGED. GUTTMANN—SALOMON.—Mr. Gustave GUTTMANN to Miss Emxiia SaLomoy, both of this city. No cards. MARRIED, Hovston—FaRiky.—On September 2, 1978, by R, Patterson, D.D., F. L. Houston and Bente Farry, daughter of Cornelius Farley, of Lexington av. Woirr—Guiman.—On March 2, the Kev. Dr. Meisner, Jutivs Wonw to THumnsa, jhter of tho late H. Gutman, DIED. Arxrxron.—On Sunday, March 9. ANDREW ATKIN. BOX, aged 31 years. Relatives and friends are rergectsaly, invited to at- tend the funeral, on Tuesday, Lith, at half-past two na ee his late residence, 240 West 15th st. paton papers please copy. Crescent Lodge, No. 402, ‘a A. M.—The members of cent Lodge, No. 402, are hereby summoned to at- tend an em it communication ut the lodge room, on Tuesday, Lith inst., at half-pest one P, M., for the urpose of paying the last tribute of respect to our Tato Brother: ‘andrew tkinso: nn. jOSEPH A. LACKEY, Master. WititaM Y, Tart, Secretary. Beartie.—On Sunday, March 9, Matvina, beloved ‘wife of Jas. Hf. Beattic and only dauguter of Win. C. ivy tow and Mary Burniston, Funeral at late resideneo, 152 6th av., near St, John’s place, Brooklyn, on Wednarday, March 12, at ten o'clock, Relatives and friends invited. Inter+ ne SEuuuahe--On fet March 8, Liza, |EHRMANN,- * 8, daugh- ter of Henry and Gesine M. Behrmann, aged 2 yours, 8 months and 9 days. Q Relatives and friends are invited to attend the funeral, on Tuceday, March 11, at one o’clock P. M., from the residence of her parents, No. 221 Wooster st. Boyb.—Many M., beloved wife of William J. Boyd, syed 2 youre. ‘uneral from her late residence, 673 Lith mMorfow (Wednesday) at one o'clock P, M. BoLt.—At Saybrook, Conn., March 7, of rlet fever, Bassin Rowwrs, only child of Elizabeth Bleudel and the late Richard W. Dull, M. D., aged 6 Years and 10 months, Funera: private. Lrosty.—On Monday, March 10, 1879, Karr Brosex, wife of John Brosen, int her Sixt ‘your, Kolatives and frieuds of the family are respectfully invitod to attend funeral, from her lato rosidence, No. 408 West 66th wt., on Wednesday, 12th inet, at one o'clock &. M. OONNOLLY.—Saddenly, March 8, Faxwiu A., wife of Chartes M. Conuolly, xud second daughter of the late Louts Gregory. Funeral trom St. Joseph's Church, 125th st. and 9th ay., this day, at ten o'clock A.M, Relatives aud friends are invited to attend. , Coveat-Kvana.—Suddenly, on Saturday, March 8, Carmatter& Evans, nee Covent. Friends and relatives of the family are respeetfully invited to attend the funeral from Church of Holy Martyrs, Forsyth st., near Canal, on Tuesday, the 1ith inst., at one P, M. ‘ Cox.—in Brooklyn, on Monday, Marca 10, Jennre G., tp, emis Hanueh and the late George M. Cox, 26 yen Notice of funeral hervafter, Drvennux.Suddonly, on tho 8th inst, Watren Duvinnux, of the firm of D. B, Howell & Jo,, in the br re of his ago, friends aud the mombers of tho Warren Asso- ciation, West Side Relief Association, Keystone Mu- tual Aid '» Mosaic Lodge. No. 418, F. and a. Mi Hope Chapter No. 244, B. A. M. and Columbian mauiindery, No. 1, K.'f'. are invited to attend his funeral, at the Asylum, Masonic Temple, 6th av. and 231 st., om Tuesday, March 11, at one o'clock P. M. Mosaic Lopar, 418, F. axp A. M.—Brethren, you are hereby summoned to attend ig) communica tion, to be held at the Corinthian Rooms, Odd Fel- lor Hall, corner Grand and Centre sts., on Tues- day, Murch 11, at twelve M. sharp, for the purpose of Paying the last sad tribute of respect to our late ‘worthy brother, Walter Devereux. By order of HENRY A. VAN DYNE, Master. Joux T. Decker, Secretary, Sir Knights of Columbian Commandery, No. 1, K. T., are hereby ordered to assemble at the asylum, in full uniform, on Tuesday, March il, at twelve M., sharp, to attend the tmneral o! ies of our late Sir Knight Walter Deveraux. Sir Knights of sister commanderies courterusly invited to be present. . Sir PETER FORRESTER, Commander, Paep. W. Hennina, Recorder, Members of Warren Association are requested to meet at the club rooms, No, 24 Spring st., on Tucs- day, March 11, ut eleven o’clock A. M., to attend the funeral of our late esteemed associate, Walter Deve- raux. ANTHONY YEOMAN, President, T. J, DomiGax, Recording . De Lacy.—Navan Lopak, No. 69, F. axp A, M.— Broruens—You are hereby summoned to assombie at Clinton Room, Masonic Temple, on Nosnoat a. March 12, at half-past twelve P. M. sharp, for the pate of attending the funeral of our late Brother ward De Lacy. By order, D, W. NEWMON, W. M. T. J. M, Keyes, Secretary, Dunwam.—At Hackensack, on March 9, Jaxx H. Dunuam, widow of the late Smith Dunham, of New Branswick, in the 76th year of her age. Funeral services ut No, 20 State st., Hackensack, N.J., Tuesday, three P, M. The remains will be tuken to New Brunswick, » Exprener.—In Elmira, N, ¥., at the residence of his grandson, Henry W on Sunday, March 9, Hanatox Expnepag, in the 80th your of his age, Interment at Greenwood, Tuesday, at one P, M. Freiw.—On Sunday morning, March 9, Lovusa E. Sanrorp, widow of the late Thomas H. Field, aged 57 years, Funeral services at hor tute residence, No. 13 0, Brooklyn, ‘tuesday, March 11, at four o'clock P, M. Guxcory,—In Newark, N, J., on the 8th of March, Mrs. A. C. Guxconry, aged 85 years. Funeral from her iste residence, 116 Clinton av., on Wednesday afternoon, at two o'clock. ~ GunyoyLx.—In Brooklyn, on Monday, the 10th inst., Joux GuiL¥ortx, beloved husband of Teresa Guilfoyle, aged 46 years. Relatives and friends of the family, also the*mem- bers of Constitution Club, are inyited to attend the funeral, from his late ice, 150 High st., Brook- yas the reinains will be takes to St. dames’ Cathe- ral, on Thursday, March 18, at nine A. M., where a solema requiem mass will be offered for the repose of his soul; thence to Holy Cross Cemetery, Flat- bush, for intermont. Masp.—In Brooklyn, on Sunday, March 9, Captain James Han. Relatives and frionds of the family aro rey invited to uttend the funeral, from resi- Cence Ee 88 Clinton ay., on Tuesday, March 11, at wo P. M. Philadolphia papers please copy. Hart.—At her late residence, 106 Mott st, Mrs. ELLEN Harr. Notice of funoral hercafter. Hicaixs.—On Monday, the 10th inst., after a short but sovere illness, ExizaperH WatrEr, third daugh- ter of Sarah A. and 8. B. Parkman Higgins. Funeral services at St. Peter’s Church, Perth Am- boy, on Wednesday, the 12th +s at one o'clock P, = Marae) leaves foot of Liberty st., New York, at Hoxenxiss.—In Plainfield, N.J.,on the 9th inst., Honack Horcuxtss, in his 80th year. Funeral scrvices from his late residence, in Plain- ficid, Wednesday, March 12, at ten A. M. Horcuxiss.—On Monday, March 10, Many E., Ce caleiacita tho late Clark B, Hotchkiss, of Auburn, Relatives and friends are respectfully invited to attend the funeral services at her late residence, No. 429 Classon av., Brooklyn, on Wednesday, March 12, at three o'clock P. M. Huenrs.—"O" Company, Stxrx-smnra Ineanrny, N. G.8.N.Y.—The members of this command will assem- ble at imental armory, corner Grand and Ludlow ste., on Tu lith inst., at half-pasttwelve P. M. sharp, im full uniform, to attend the funeral of our late brother member, John Hughes. Members of the regiment are requested to uttend. By order. Lieutenant WM. PURCELL, Com. 0 Co. D. C. McCartrny, First Sergeant. Jacxson.—At her residence, 139 Sullivan st., on Monday, March 10, of consumption, Mrs. SAMUEL G. Jackson, aged 23 years. Funeral will take place on Wednesday, March 12, at one P. M. + Jouxsox.—At South Amboy, N. J., after a lingerin; illness, THEODORE W. Jomyson, aged 41 ycars and 1) months. Funeral this (Luesday), 11th inst., at two o’clock, at the ».. tavdist Episcopal Church ‘in South Amboy. Relatives and friends are respectfully in- vited to attend. Kunny.—At Eidgenisld Park, Forges county, N. J., Mh inst, Netti E,, daughter of Poter Kenny, aged rears. ‘the egy, ened arrive at Forty-second street ferry, this 4y) morning, at twelve o’clock, for igtorment aes ‘ork. KmKLanD. — illness, C. Jouxrumxg, wife Kirkland and eldest daughter of John C. Bach, Esq., in the 33d year of her age. Funeral from the Church of the Heavenly Rest, 5th ay., between 45th and 46th sts.,on Tuesday, llth inst., atten A.M. The relatives and friends of the family are invited to attend, K14erx.—On Monday, at his house, 188 Wooster st., CmarLxs cot a ‘nage of Germany, aged Relatives invited to attend his func: Church, 6th av., corner 15th st., on pgm: f one P, M., thence to Danbury, Conn., for int ent. Le tnd Sunday, March 9, Marusw Lyncu, aged 55 years. Notice of funeral in to-morrow’s Herald, MornreLt.—Aat Nyack, N. Y., on Sunday, the 9th inst., Miss JULIA MORLELL, aged 86. Relatives and friends are invited to attend the tuncral, from her late residence, on Wednesday, the 12th, atone P.M. Train leaves Jersey City 9:45 A. M.; return, leavos Nyack 3 P. M. | Newburg papers please cop; Moonr.—At Nowtown, L. I, Monday, | 1879, ConneLivs LuystER Moons, in tho 64th his age. 7 Funeral at St. James’ Church, day, 12th inst., at three P.M. fourth street ferry at 2:15 P, M, Morax.—On Mon morning, March 10, Hetxx Lovisa, daughter: of édée D. and Helen Moran, Sun morning, March 9, after a ed x of Alexander h 10, year of Newtown, Wednes- ins leave Thirty- sgod 22 months and 6 days, ‘uneral private. McCantity.—Suddenly, on Monday, March _ 10, Many Euten, beloved daughter of Denis and Mar- garet McCarthy, in the 18th year of her age. Relatives and friends are respectfully invited to at- tend her funoral, from the residence of her parents, No. 11 Monroe st., at one P. M.,on a March 12, thence to Calvary Cemetery for interment. McCanruy.—On Monday, March 10, at his residence, 221 Ryerson st., Beoays, stra along illness, Damien MoCanrny, in the year of his age. Notice of funeral herealter. MoGiventx.—March 10, Mrs, ANN McCHVERIN, & na- tive of county Roscommon, Ireland. Funeral on Wednesday atternoon, at two o'clock, from the residence’ of her son, P. McGiverin, 560 Manhattan ay., Greenpoint, L, I. OpxLt.—On Sunday, March °, after a brief illness, Win11aM 1, ORLL, aged 34*years, cldest son of Abra- ham Odell, |, of Westchester county. Relatives and friends of the family are respectfully invited to atteud the funeral, from his late residonce, No, 34 Kast 74th st.,on Tuesday, 1th inst., at ono oSoMOONMAMER-AG Flatbush, Tu I, on Monday, SCHOONMAKER.. on . 10:h inst., Many A, widow of J, V. Schoonmaker, aged 78 years. Relatives and friends are invited to attend tho funeral services, at her late eesegers on Thursday, 13th inst., at two a P.M. Notice of fun 'Tneisz.—On Monday bene after a lin; john ‘rin, illness, Huexnterra C., wife of ‘Thoins, the 66th year of her age. Relatives and friends of the family, alxo the German Ladies’ Aid Sovioty and St. Markus Ladios’ Society vtiully invited to attend the funeral, from her residence, 331 Kast 9th st., on Wednesday, pee. at one P. M, It is requested that no flowers sent. a ‘Tuorst.—Monday, March 10, at his residence, 120 East 115th st., G@aBrano Tuomt, in the 69th year of his eo. “iitolntivos and friends of the family are respectfully invited to attond the funeral, from hia late residenve, or Wednesday, March 12, at two P. M. Venrtance.—At Mount Gulian, Fishkill on the Hudson, March 10, 1879, Many Howart, widow of big ete ck and daughter of the late Hight Rev, fi Rotice or funeral horoafter. ALE.—JoskrH N,, of pneumonia, second el son ot Robert and Jane Wale, aged 0 youre t _ oo v Pune ‘uesday, ton A. M., at First Uhureh, Went Hobokun, N. J. ad 6 ‘a¥.—On Sunday, March 9, Scumnck Wax, 80 yours, formerly of Newtown, L, L. mrs Relatives and friends are invited to attend the funoral, from his late residence, 116 Gates ay., Drook- lyn, on Tnesday, at two o'clock. Wrsrkuvett.—On Stinday evening, March 9, 1879, aftor ® short illness, Asnon J, Wustmnvent, son of the late Jacob A. Weatervelt. Kelatives and fricuds are invited to attend the funeral services, on Wednesday, tho 12th inst, at eleven A. ML, from his late residence, 68 West 48th st. Witttams, -On Saturday, 8th inst, AueneD Wie LiaMs, in the 40th year ot his age, Funeral Tuesday, March 11, at two o'clock P. M., ng his iate residence, 260 Schermerhorn st., Brook- Woor.—Ou Monday, March 10, Monurs Wootr, in the 70th year of his ago. Kolatives and friends are respoctfally invited to attend the funeral, fyom his residoneo, No. 106 Bast 67th st, on Wed) + March 12; at half-past nine A. M. Youmans.—On Sati , 8th inst., Sipnay A. You- ‘MANS, in the 4xth t elntives and itichda are invited to attend the funeral, trom his late 441 West 24th st., on Tuesday. the 1 M. “FRANC AND COUMEROLAL The Stock Market Less Ac- tive and Irregular. Govemment Bonds Firm, States Lowe and Railroads Strong. Money on Call Easy at 3a 8 a 4 Per Cent. —-___. Watt STREET, Monpay, Mareh 10—¢ P. ‘«.} ‘What between the absence of several prom{nent Operators, who, tired of bagging geese in tho stock market, have gone totry their hand at Carrituck ducks, and the indisposition of those left behind to assert themselves in any defned and speculative way, business languished this morning and transac- tions were fined down to the, point of dulness, In fact, up to noon day the market remained in a state of siesta and only woke up/tpip.quacl sort of activity during its final hours, & wot mnven: to brag of there wasa preceptible’ ficrease in both” the amount of dealings and in the gencral improve- ment of prices withia an hour or so of goug sound. It . Was as though quotations, grovelling upon the ground floor, had bean thrust into an elevator und lifted & story higher’ without any particular rhyme or reason. Such was the case, nevertheless, for the market, which was lodged in a ret-de-chaussée at the opening, found itself promoted to the comparatively. better quarters of an entresol during the afternoon, and hopeful bulls even aspire to a premier of prices before the week is out, To the large majority of good brokers, who, being still in the flesh, have had no opportunity of going to Paris, und may be there- fore mystified as to our meaning, it is sufficient to explain that the market opened low, mounted mod- erately and gave token of a further advance in the imunediate future. It is gencrally conceded’ that the hoisting power is to be looked for in the North west common stock. Rumor has it that several of the delinquent pool sellers have made up their quota and restored the missing shares to the’ combination coffers. Others, it is said, are likely to follow suit, and thus the ‘oscrow” (which turned out to be xo oscrow at all), will be re-eatab- lished in its pristine integrity. The result will bea “make up,” such as follows upon » lovers’ quarrel, and the reconstruction of a pool loaded with some 70,000 shares, which can only be floated by advancing the price of the stock itself, and by sympathy the rest of the active list. The prospects of a Western Union stock dividend, which three days: back 1ooked as clear as a bottle of Burgundy en berceau, were sct on end and muddled by the action of the executive committoe this morning, who contented themselves. with recommending @ quarterly dividend of 1*4 per cont while passing over the “melon” question entirely, They show, however, a handsome surplus after paying the dividend of nearly $600,000, and intimate .that tho business of the company will warrant two per cent quarterly payments in the future. There was a good deal of latent strength manifested in Michigan Central, which rose to 884, and stayed there, Jay Gould, who is believed to be short of a large lot of stock, is said to have purchased 3,000 shares at 90, cash, from & friend of the property, and to have sold it back to him at 87, seller 60. Threo per cent for sixty days’ leaso of life may be a prudent outlay, but is nevertheless an expensive one. Delaware aud Latk- awanna aivanced 1 per cept or more under good buying; so did the rest of the market toa more moderate extent, but suflicient to close up a day which had began in sackcloth and ashos witha very fair degree of decency. a The operting, highest, lowest and closing prices of Exchange stocks at the New York Stock to-day were as follows:— . 41% age 25% aL id 53% 85 31% i 88: “ 20% mK ~ Bi 10 New Jersoy Central.. 334 a BI% 33% Kansas Pacific. « 223g 224g ag 2 Kansas & Texas. + 095 93 1 9 Union Pacific. ‘@ ‘TAse 74 bis oUF 4% (14 ref... b43 4g 438 43, et us ke il Awerican District Tel 4434 46 4ate 46 The following wero the closing quotations at three P. M:— Did Asked. Am Dist Tol... 834° 384% Atlan & PacTei 45° 46 Canada South'n 564% 57 Chicugod& NW. G22 33) Ghic &N W pret 84% 8S Gti fat & Pac 120! 150 shi Qy dlls, Ua! ¢. oe oe ry de 8G 1 a u preest05)3 108 Adams Ex; i Amer'n Expross 49°50 Express... 4840 100, 254 45 Harlow 197 Han € StJ 433 15 W Han &StJoprt. 43'¢ 49% Wabash......... Tilinois Central. 81 $182 ‘The total sales of stocks at the Board to-day aggre gated 113,300 shares, which were distrinuted as fol- lows:—Chicago and Northwestern, 3,970; do., pre ferred, 7,100; Chicago, Rock Island and Pacific, 320; Delaware, Lackawanna and Wostern, 30,420; Delaware and Hudson Canal, 920; Erie, 11,650; Hannibal and St. Joseph, 120; do. preferred, 20; Kansas Pucific, 2,500; Lake Shore, 6,504; Michigan Central, 1,750; Milwaukee and St, Paul, 2,110; do, preferred, 356; Mis» souri, Kansas and Texas, 3.030; Morris and Essex, 900; New York Central, 450; New Jersey Central, 8,800; Ohio and Mississippi, 1,100; Pacific Mail, 3,930; Union Pacific, 400; Wabash, 950; Western Union Telegraph, 19,435. Money on call lent at 34334 per cent, advanced to 5 per cent and closed at 4 por cent. Foreign ex- chango was steady at 4.87 and 4.90 for bankers’ long and short sterling. Actual business was done at con- cossions, The Clearipg House statement to-day waa; +++ $78,025, Bees The Sub-Treasury to-day paid out $7,450 gold for legal tenders received. ‘The London advices reported console steady at 963; a 965 for both money and tho account, United States bonds wesoe lower at 107% for new 4}4's, 103% fon) 18077, TOBA a 104 for 10-40’s and 106}; for new 6’a. American railway shares were unchanged. Now Jersey Central consolidated advanced to 87, Irie consolidated seconds were quoted at 8834, and do. ex-coupon at 63};. At Paris rentes were firm at 112¢, 95e. Government bonds here were quict and firm. The subscriptions tu tho 4 per cent loan to-day amounted to $1,241,000, The following were tho closing quote tions:— . . Bi Asked, United States currency 6’s.... 121 122 United States 6" . 106% ie init 1025 1OLY 104 United States 6's, 1841, coupon 104: United States 45,'s, 1601, registered 105 fill beie oe hae cca Bs in 8 LUD 7, erod ww “ United States 4's, 1907, compen... ++ 100 100)6 ) Stato bonds wero fairly active to-day. District of Columbias foll to 824, Lousiana consols to $2 and Missouri sixog to 104. ‘The othor issues steady. In raliroad bonds there was an advance of 1% in Missourt,: Kansas and ‘Toxas scoonds, % in Jersey Central convertible assented, Missouri, Kansas and ‘Texas consols assented and Wabash seconds (ex-cou- pon), }g in Wabash firsts (St. Louis division), %4 in Denver and Rio Grande firsts, and 44 in Rock Island sixes of 1917, Jersey Coutral frets consols assented,