The New York Herald Newspaper, March 21, 1879, Page 5

MAYOR COOPER'S COUP. D'ETAT. Sensation Among the Politicians at the Chief Magistrate’s Action. . 2 THREATENED APPEAL TO THE COURS. Hlow the Evidence Against the Street Cleaning Department Was. Collected. GAMBLING DENS DISCOVERED Can. Officials Be Removed Without In- dictment and Trial? All day yesterday the politicians who frequent the City Hall were in a blaze of excitement. The antici- pated tameness Of the investigation into the truth of the charges made against Police Commissioners Smith, Nichols and Erhardt had devoloped into a series of exciting scenes between Mayor Cooper and two of the counsel of General Smith—Messrs. Bart- lett and Ecclesine. This fact alone would be or- dfnarily sufficient to set agog the tongues of the average politician, but when the state of uncer- tainty as to what futuro developments would take Place was added to this it camnot be wondered at that the City Fathers and everybody interested in politics should talk excitedly and incessantly of nothing but the “trouble” of the municipal guar dians of the peace. a THE DAY'S GRACE. At the closo of yesterday's hearing the Mayor gave the accused Commissioners to understand that if they desired to present any further defence to his charges they might do so “within the next twenty- four hours.” ‘he time expired yesterdayeafternoon, at half-past two o’clock, but His Honor said that he would receive anything that might be sent to him by the Commissionérs, even though it came “an hour or s0” after the specified timc. No commuyni- cation was presented up to the time of the cloging of the office, ! ‘When Mayor Cooper assumed office in January last oneof his first acts was to begin a thorough and com- Plete examination of the various departments and bureaus or the city government. His annual message to the Common Oouncil did not con- tain any special suggestions as to the management of the city government, His Honor stating that he would wait until he had become familiar with the duties of his office, as wel} as of the workings of the subordinate departments, About the middie of January the Mayor, through various let- ters published in tho Henan “Complaint Book,” came into the possession of facts that led him to believe that inefficiency on “the part of the Commissioners of Police existed to am alarming degree, This appeared to be more especially the case in the Street Cleaning Bureau. For the purpose of obtaining personal knowledge on the subject of the complaints made by citizens through the Henan His Honor one day hit upon a bright idea. Calling some of the clerks and attachés of his office about him, as he lolled back in his swing-. ing arm chair, he thus addressed them :— “I have been thinking of trying to get at the bot- tom of these charges against the Police Commission- ers, but Lam of opinion that the best way to do so is “But,” ventured an auditor, * ‘The countenance of the. Mayor will be recoginized ‘and you may get into trouble.” “That's so,” mused His Honor; “but then,” he suddenly cried, “‘a black slouch hat and some other disguises will go s long way to conceal me from " No objection could be taken to this remark. The argument was a clincher, and it was then and there arranged that His Honor should examine into the condition of certain thoroughfares in this city, Among the strects visited were Murray, Greenwich, Washington, Liberty, Albany, Morris, William, ‘Water, Maiden lane, Roosevelt, Cherry, James, Oak, Chatham, Baxter, Hester, Mulberry, Ninth avenue, Twenty-scventh strect. and Geand strect. These places, with the exception of some portions of Grand street, Maiden lano and Liberty street, were found in the filthiest condition, © On the 1ith of March Mr, Morris K. Josup sent a communication to Mayor Cooper in which he drew attention to the unclean condition of several down- town streets, and said that he thought some action should be taken in the matter. The Mayor requested the attendance of Mr. Jesup on the afternoon of h 12, and tho two gentlemen, in company with fessrs. Henry G. Pellew and William E. Dodge, Jr., drove around in a coach and made a personal inspec- tion. A large mass of memoranda was taken on this és on every previous trip, which was subsequently collated in the form of a report. It was signed by the four cxaminers and wae left in Mr. Cooper's pos- GAMBLING HOUSES, In making what may be called the street cleaning examinations or Cooper did not at all times wear his slouched hat or the pairof gold cyeglasses—the $does proniies tn codec to.renter ne juise moro Wateae lorena ti! His ade the jon unt rf mute vl discovery that there wero bling houses in It. is also darkly hinted that the night excursions into the precincts where faro ‘ud other skin ‘The Mayor and the par 4 Qu ‘and glasses wore not brought into Hono; . city. hey Diack cloak was often used in the mid- obtained facts al jetors pe to escape being “troubled” bi 8 the police. a tic} toetios to examine cach of the acc the accumulation of fucts t! ‘whey But the Commissioners sauerens mode of procedure, and b; vice of counsel declined to answer all questions relating to specific charges of inefficiency wa neglect to Leiner duty. His did not like this Honor a tabular ments of the doi ot the Police Board for eee years ; the procevdings at ench meeting of the Commi ners, as as what been done at the sessions of the Health Board, of which the presi- dent of the Police Department is ex officio « member, The number of arrests and convictions was made 4 dul feature of the compilation. It was found thatthe arrest had steadily in nuinber, ut no tact or statement could be found to uphold the opinion that crime had corres de- * ORDINANCES VIOLATED, Tt was alao found that arrests for the violation of health ordinances had almost ceased. Only rarely ‘was an attempt made to put a stop to breaches of the laws governing the protection of the public health, Those statistics were carefully re aside by Mr. Cvoper and were Leer to confront the Police Com- tuissioners if they answered the questions which His Honor had asked. Various opinions as to the course adopted by: the or im to hear th 1 of the accused mmissioners were cx) ae lawyor who visit uring the day said th ‘hat the false notion that an official, before bet removed, should be indicted by the Grand Jury, aud convicted OD jury and sentenced by a PE State mn,” should be done away with, Mayor and the Governor were vested with abso- pe wer to the present members of the Board, = by visitors yesterday included many of the proapective vacancies in the Police Board, 7 thoso who called were Mr. Nelson J, Waterbury, Samuel D, orn M beock, Robert B. Mooney, Corporation Counsel Whitney and John B. Haskin. Late in the evenin rt ey i omnes sate - gyn and, w weve! ol jentlenmen, joyed a quiet con- ference with the Magor. A report ‘was in eireutation that Mr. Powers would carry Papors in the case ot the Commissioners up to Aibany last ovening, but it was stated on good authority that this would not ‘be dono until to-day, WHAT MB. KELLY THINK, Comptroller Kelly was visited by @ Henatp ro- porter yesterday for tho purpose of asking his bpinion us to the proposed removal of the Commis- joners, Mr. Kolly said that it seomed to hit that the hearing had not been of such a character as thould have been allowed tho officials, It looked very much to him as it wis some tnderstand- between the Mayor and Governor Robinwon, This was all he cared to say about the matter. + pare THK cov netainey tne botiee Otten jo prosen' rgeney the ice Commiseion- ere are curvleaitig tho role of Mark Tapiey, and ato eoming out strong under their difticulties, ‘hoy ‘wore ongaged yesterday in consultation with their ‘you will be known. * NEW YORK HERALD, FRIDAY, MARCH 21, 1879.—TRIPLE SHEET, legal advisers, for the im official cat Cathie Erhardt sporetie'irenon Py ping hgh . ale Tio indictment le thet which hea reforvies, to. tha alleged failure to comply with the law in keeping the streets clean, the following tabulated statement ha been prepared to refute this sweeping allega- ~~ ‘ EXPENSES OW THE DUREAU OF STREET CLEANING. * ‘No, of Loads Miles of of Ashes and Mapentt, Sires ation, ure. Cleaned, moved. 1873. ...$1,000,000 $1,046,846 _-: - 874, 899,40 970,000 12,212 810,075 801,405 9,447 1,854,451 2 11,283 1,275,595 ‘721,823 7,082 1,017,643, 638,672 = 17,761 1,181,806 wea... { tO00 Nore.—The item of $40,000 was appropriated for clearing the streets of snow, From the above schedule it appears that the cost Ae load for removing the city refuse was as fol- WS i 4 $109 1877. ~ 7 73 1978, . 60 WO. ‘Yhe yearly report, dated March 17, 1879, as sub- mitted eats Got, bookkeeper in the treas- ‘urer’s re, give tolowing figures: Steamboat emplo: + $5, 042-81 009.15 Towing, Paid. for ot 8, rt, garbage, ice and snow removed for the ace 1878 is estimated at 1,131,806. . WHAT MAYOR COOPER saxs. ‘The Mayor was asked whether he had read the editorial in yesterday's HenaLp as to tho rights of the Police Go: ers to be represented by counsel, and replied :— ““T read the article, and with all due respect to the Hexraip I do not think they have the right to answer through counsel, The constitutional provision about accused persons being represented by counsel in criminal trials does not, im my judgment, apply to the proceeding in question, which is not « trial, as is shown by the opinion of the Corporation Counsel ptiblishea . ‘The law simply ‘provides that cer- tain officers may be removed for cause after an opportunity to be heard, und that the Mayor, if they so request, shall state in writing the reasons for his action,” aie was'all the Mayor was willing to say on the subject. ‘The disdaintul silence on the part of the Commis- sioners and their counsel gave rise to all sorts of rumors. Some stories were to the effect that Messrs. Loppeatig Bartlett, Root and others would contest the legality ot the Mayor's action in the courts, and apply tora writ of prohibition to prevent him ro- moving the Commissioners. Some way even started the riuiculous report that Mr, Bartlett felt himselt so deeply aggrieved by the Mayor's ‘attempt to have him forcibly and miniously ejected from his office ‘that he would take stops to have His Honor impeached, The legal gentle- men themselves were naturally unwilling say what exactly they intended to do; for, as Mr. Bartlett expressed it, it would be ‘inexpedient’’—cither in warfare or litigation—tc advise the adversary of every move to be made against him. Mr. Barélett, who is counsel for General Smith, said that he be- lieved it was undoubtedly the duty of the Mayor to hear counsel, As to any further answer all which could possibly be made to charges so vague and in- definite had already been given. MR. ELIHU ROO2's VIEWS. Mr. Root, counsel for Mr. Erhardt, said that ‘while he did not Uesire to criticise the action of the Mayor, he thought that His Honor had acted unfairly to the Commissioners. It was undoubtedly the meaning of the law which said that the Commissioners should be heard that they should be heard personally as wellas by counsel, although it was not expressed in 80 nay words. ‘Substantially this very question had already beon decided by the Court of “Appeals in the cases of militia court martial trials, in which officers had refused to allow the militiamen counsel on the ground that thege were not rogular judicial trials. The Court of Appeals held in those cases men were ally deprived of their de- fence by the ret to hear their connecl. It was possible that the law did not mean to allow counsel in such cases, although he (Mr. Root) was inclined to the opinion that it did; but whether it did or not the Mayor should have given the accused Commissioners the fullest ee, for their de- nce. Everybody knew that no man could defend himealf us well as his counsel could, and the tenure. of an office like the Police Commiissionership should not be dependent on the fuct whether the incumbent ‘was a good tulker or not. VIEWS OF MR. NICHOLS’ COUN#KL. Mr. Vanderpoel, Commissioner Nichols’ counsel, was engaged in cOurtall day yesterday, but bis axso- ciate, Mr. Bookstaver, sakl that no further answer had been made to the Mayor, because practically no eh had been made, They could only answer charges of definite acts of commission or omixsion, but no such cl ‘been prot Mr. Book- staver thought that the Mayor's action in refusing to hear the Commissioners through their counsel would afford quite a sufficient basis for a writ of Cer Sa to prevent the Mayor from carrying ont his threat of removal. No-such step, however, would probably be taken, as the Governor would undoubtedly it the Comtitesioncta full opportunity to be through their counsel and would not sanction a removal on such vague and indefinite charges. CAN MR, SBHARDT BK RKMOVED? : Among lawyers and others who profess to be familiar with the subject there is @ diversity of opinion respecting the power of ‘or Cooper to remoye either Mr. Erhardt or Mr. Wheeler, both whose terms of office have expired, and who are now holding over under the terme of the charter until their successors shill be appointed. By wome per” sons it is contended that Mayor Cooper hus the power to not only remove Mr. Wheeler on the ground ‘that he is filling an unexpired term, but also that it ig not necessary that his successor should be con- firmed by the Board of Aldermen, Those who set up this claim base it on section 3 of the Laws of 1874, chapter 300, which 14 amendatory ot chapter 335 of Re: Lawn: of 1873, The section retorred to reeds as follows: Sxotion 3. The Mayor of said city shall horcafter ap- poiut, without confirmation of the Board of Aldermen, @ person oF persons to fill any vacancy or vacuucies which now exist or may horeafter veeur from death, resignation oF cause other than the expiration of the full’ term in any office to which. by the provisions of section 25 of chap- tor 345 of the Laws of 1873, he is empowered to appoint by and with the consent of the Board vf Aldermen. ‘That section,” said Mr. /Rufus F. Andrews, to whose attention it was called by the Henaup repor- ter, “was drawn by George Bliss when he was coun- gel to the Police Board, to meet just such peculiar . It is my opinion that if Mayor Cooper removes Str Erhontt the latter will yo before the Governor and nullify the Mayor's action. The nn ede course is to appoint the successors of Mesars. Wheeler and Erhardt, und not remove the latter.” Corporation Counsel Whitney was absent whea the Pats apne called, but one of his assistants gave his individual opinion ux a lawyer on the sub- ject, while not wishing to have it quotdd as an official declaration. “Mr. Erhardt,” sai he, “can be removed, in my opinion, the same as any other Comm ‘appointed under the charter. His successor must be nominated to, and confirmed by the Boardot Aldermen. ‘The char’ tor provides that all heads of departments must be appointed to and confirmed by the Board of Alder- men, exceptin cases where vacancics exist and the appointment is to ill such vacancy. The section you quote cannot be made to apply to Mr. Erhardt’s case. ‘This provision i» intended to cover cases where there is an unexpired term to fill, Mr. Er- hardt is simply holding over, his term having ex- pired, until his successor shall be appoiuted. Who- ever that nnvcessor tuay be ‘will be appointed for six yours from the date of couiirmation by the Board of Aldermen. ” DAVID DUDLEY FIELD'S OPINION, Precisely a similar issue was developed in the trial of Messrs. Wheeler, Erhardt and Nichols before Mayor Ely, in December, 1877. David Dudley Field, who appeared for Mr. Erhardt at that time, address- ing the Mayor, said:— “Phere are three Commissioners who are charged with dereliction of duty aud whom it is sought to remove. * * * Mr. as you know, is not now holding a term of ¢. He is merely holding over. His term of office has expired. You have fj geed to fill it at any myment; but you can only fill it with the consent of the Board of Aldermen. Now it cannot bo possible that by any con- trivance you can deprive the Aldermen of tho of saying who shall be his successor. You but to sund in a name and get their wpproval, and Mr. Erhardt's power ceases on the instant. in int of fact, he is not a Commissioner of Police in proper sense of the word at this time: he is « person who has been Commissioner, and who holds over, as it is commonly expressed. In other words, he oxercines, ad interim, the functions of the office pending your movements to put in o ste- cossor, with the approbation of that dopart- ment of the city government to which is given | the right to agree or disagree with you in the selection of a successor. Now, sir, that wo may not be misunderstood, we beg to say that we deny in toto your right ‘to interfere with Mr. Erbardt in any way whatever, except by doing what ou might have done long ago-—neminate a successor ‘0 the Boart of Aldermen, whose prerogative it is to say whether the office shall be thus filled, Aud if you could by any moans eseape that check upon your power by this removal, as it is called, for cause, yes would be enabled to defeat an important pro@is- ion of the city charter." GRNERAL KMLTHM ON THE Wait PATI. Police Commissioner Smith was called upon at his residence in Forty-first street last evening by the reporter. He was found seated in his library simok- ing, aud appeared tu be taking the turn of aifurs in the most phitosophical manner imayinable. ‘Uho General was asked if he had auything which he de- sirod to say to the pubsie. Retlocting a moment aud King quite deliberately, as # his custom, he repli “T have nothing which Leave to say which would interost the public. My ease wan closed yesterday. When an accuvod persou hus lett the room of the ac- cuser, and the Mayor thon says his case is closed, I suppose that onds the watter.” he Mayor evidently wished to avoid going into a logal tilt,” remarked the reporter. “Cooper,” said the Commissiongr, “made the mis: take of thinking we were about to follow m the same steps takon by David Dudloy Field and Judge Fuller. ton in the hearing had betore Mayor Ely in 1877, then sj So far as I am concerned the performance would not have lasted five minutes.” ‘Bid youn anawen cower al, jbo gnomes of his alle- mae ba anewer covered every one of his tions. As I had lett the room and the Mayor refused to hear my counsel, why of course that closed the case so far as 1 was concerned. ais eat pronnay to ote some testimony against none at al! on the other side, other words, I did not thixk it incumbent on me to offer testimony to prove what lawyers call @ negutive.”” “What is Mr, Erhardt’s status 7” “The Mayor cannot remove him, Should the Governor approve of such removal &rhardt would remain a Commissioner until his successor is con- firmed, The only way for the Mayor to get Mr, Erhardt out would be to appoint his successor.” “Is there a political aspect to the matter, so far as you are concerned ?’* . “Well, I am not of much use to the politicians. Anti-Tammany could not use me, nor could Tam- many Hall, for that matter. Idon’t think my place is of sufficient importance to Mr. Tilden for to turn me out with mud on me against—(and he paused and added very deliberately)—what he will ‘encounter politically in the future by the 0) vy T have heard a rumor that James Daly and John Fox have been selected to go into the Board. Tilden.is a sharp man, aud probably knows what he is aboat.” » “What have you to say about Caj or about the street-cleaning qugstion?’* ot What I could say iy tain Williams bet- -ter be left unsaid util his trial, if we are to be lett there to try him. About street cleaning I am willing to make a statement, and, zon em depend upon it, ify" in certain | quarters after the di The street cleaning busi- ness has always been the point of attack on the part of Mayor whenever he wished to ot at any one in the Police Board. Mayor Cooper's Interpretation Of the section of the charter respect- ing strect cleanfig is very different from that of good lawyers who have examined the subject. During my life I have had a good deal to do with admistra- tive service, and some subjects I have made a study of. One’ ot these was this matter. Atter careful observation and inquiry I came to the conclusion that the only way the work could be done efficiently and economically was by contract. The only condi- tions in the case would bo to have the provisions of the contract sufficiently stringent and the supervi- sion honest. I made an effort to get the work done for 1879 by contract. THE MAYOR RESPONSIBLE YOR THE DIRTY STREETS, “A resolution to that effect was offered in the Board, and it was laid over at the requostof a Commis- sioner—I um not sure which one it was, but it is 20 impression that the objector was Mr, Wheeler. had an interview with Mayor Cooper on. the subject as long ago as the 1th of January last. I ‘tola€ him my convictions respecting the matter, and said that I proposed to take the reso- Intion providing to have the work done by contract from the table aud press it toa vote. Nichols, the General remarked, parenthetically, had promised to vote with me for it; but this fust { did not then state to the Mayor. Mr. Cooper replied that while he had no right to interfere he would suggest that and postpone the matter in order to give him time to examine into the subject. He wished, he suid, to inform himself as to what would be the best plan tor doing the work, Itold him thatI would not promise to do that, because if the work were to be done by contract it was essential that the contract should be let as speedily as possible. Besides, I said that I was anxious to myself on record as being in favor of the only system under which, in my opinion, New York city can ever be kept decently clean. CONSPIRING WITH MR. WHEELER. * “Mayor Cooper sent.for Mr. Wheeler u day or two afterward and su; ited to him not to vote for the resolution when it should come up, saying to him, as he had to me, that he wanted suiticient time in which to examine into the subject. That ac- tion on the part of Mr. Cooper having been enough to prevent the passage of the reso- lution, it now lies on the table of tho Board of Police in the same condition as when I first spoke to Mr. Cooper on the subject. From that time to this I have never heard that Mayor Cooper had examined into the subject, or ha: satisfied himself as to the best method of clearing the strects of the city. Had it not been for giving evidence as & naked assertion yesterday in the Mayor's of Ishould have stuted when Mr. Cooper asked me what I had to say as against the sccond allega- tion, that in my opinion the Mayor, and the Mayor alone, was entirely responsible for the present condi- tion of the streets of the city.” The reporter also called last evening at the Rock- ingham, at Fifty-sixth street and Broadway, where Commissioner Erhardt resides. In answer to an inquiry as to whether he had anything he desired to mike public Mr. Erhardt replied ho bad nothing whatever to say. WHAT ARE AN OFFICE-HOLDER’S RIGHTS? To tue Eprror or tar Heratp:— . In relation to the removal of heads of departments in the city government the charter provides that they “may be removed by the Mayor for cauge and after opportunity to be heard, subject, however, Defore such removal shall take effect, {o the approval of the Governor expressed in writing.” In relation to the removal of heads of bureaus and rogular clerks the charter provides that they may be removed by the heads of their respective depart- ments, “but no regular clerk or head of a bureau shall be removed until he has been informed of the cause of the proposed removal and has been allow: an opportunity of making an explanation. In relation to tho removal of officors and members of the uniformed force of the Fire Repartment, the charter provides that they ‘shall be removable oniy after written charges shall have been preferred against them and after the charges have been pub- Uely examined into upon such reasonable notice to the person and in such manner of examina- tion as the rules: and regulations of the Board of Commissioners may decide.” REMOVALS MUST BE FOR CAUSE. A number of firemen were dismissed the depart- ment on the charge of “conduct prejudicial to good order” in having sold their pay in advance. ‘The caso of George McLaughlin, foreman of » hook and ladder company, was selected as a test, aud action was ht in the Supreme Court to compel his rostoration. Judgment was given in favor of McLaughlin by Judge Donohue. An ap- peal was taken to the General Term, which confirmed the judgment, Judge Brady, who delivered the Patong egg mrad do ted think the power of removal depends wi upon the mere di: cretion of the respondents (the Board ot “Fire Con missigners), but must rest npon a violation of or- ders, Fules or regulations B ae eet which do not appear to have been adopted; and further, that if they existed, the dismissal of the relator was erroncous, because the charge as specified was not proved. Tne | “judgment of the ng in determining the re- | tor guilty of the charge against him and dismiss- iny him from the department was therefore erroneous and must be reversed.” ‘This case was appeaied to the Court of the appeal was Magn pie Mec poration Counsel, and Mc! ghlin was restored to the department. ‘Judge Brady's decision covers the points that a removal under the charter provision relating to uniformed firemen must be for cause, and that tho courts have the power to examine into the sufficiency both of the cause and of the proof. RIGHT OF INTERVENTION BY THE COURTS. In The People vs. + 506, which was to compel the reinstatement of a police officer who had been removed for alleged insufficient cause, Judge Woodruff, in announ the aflirmation of the judgment in favor of th missed officer, says cave before us that the Supreme Court had power and that on appeal this Court has power to examine he case upon the whol of the evidence to see whether, us a matter of law, there was any proof which could warrant a conviction of the rela- tor of the chi of neglect of duty by absence from duty as a patrolnan of the Ninth precinct.” He had previously saide—“Let it be once established that where an officer or board of officers have jurisdiction of the subject or of the persons to be affected, and peals, but y the Cor- ng dis- proceed in its exercise according to the presetited | and be- mode or forms, their determination is: fini yond the reach of any review, whatever errors in law “conclude, therefore, in the | rd of Police, 39 New York, | thanks was moved by Alderman Bennett. Counsellor Edwin M. Fox then said that he had found on con- versing with many of the old democrats of the dis- trict that it was their desire to express their sympa thy with Mr. Gumbleton in view of the events which had recently startled the community, He therefore offered the following resolutions :— Whereas Governor Robinson has seen fit, upon a charge prompted and instigated by political enemies to the regu- jar democratic party of this eanuty, to remove from the office of County Clerk, Ton, Heury’ A. Gumbleton, who elected to that position by & majority of 47,000 votes, whereas the charges on which the said removal was bused wore substantially that during his admiyistra- tion of nearly sho hud overcharged . feos amounting — to ot on an ofticial and jeton ‘suin® 80 businase covering thousands of dollars monthly; whereas, in answer to the said charges Mr. Gum showod with convincing cloarness not only flut they were t that the persons making them wore acting in bad 4 with « pri ation to get possession ot the ott ie electors of the Fifth wembled, recognize in the ‘said removal a political trick to override the will of the majority of electors of the city of New York. jesolved, That we deprecate and condemn the action of Governor ftobinson as unworthy of his high office in al- lowing himself to be maile x party to the achame. Resolved, That the high handed manner in which the successor of Mi. Gumbloton obtained possession of the oftico namely, by beeaking iuto the building iu the dond of night with « cang of followers—was an insult to law and orde id receive the prompt condemnation not only of the Grand Jury, but of Mw abiding citizens gon- pective of pakty, nt wa publicly boar testimony to the citizens of New York, rucardlogs of party, that dyting bis adminis: tration of thé office of County Clork’ Mr, Gambleton was an houest, efficient and faithful ofieer and that his removal Was without a shadow of justice. Mr. Fox, in support of the resolutions, said that was all the more rejoiced to 8] since he had n at political variance with Mr. Gumbicton. 7B. GUMB! ‘8 SPEECH, Mr. Mitchell, Mr, Nelson W. Young, Dr. P. W. Darling and others made speeches to the resolutions, which were unanimously adopted. Mr. Gumbieton then said:—Before the meeting adjourns I would like to return my hearty thenks tor the kindness of my reception here to-night. As you know, this is a regular meeting of the committee, und I was requested to address you at a time when no such prow as those which have been taken were in contemplation, und I had prepared a paper on some- thing which I thought was of local interest. As to the subject Which has been freely discussed, I desire to return my sincere and heartfelt thanks to cach amember of the committee for the action you have taken. I appreciate it ‘the more because there have been expressions of sympathy from a number of those who in times past have thought ‘it was their duty, os it was their right, to oppose me in political matters. And your action is the more. gratifying as it comes at a time when circumstances seem to cloud the reputation of & man who has always attempted from the very bottom of his heart to do his duty. You have done this when adversity seems to come upon nie, though it is not, as has been hi justly said, a kind of adversity which would blight the career of on oflicial who, whatever his faults may be, never intentionully violated the law. I have nothing to say in condemnation of the Governor, ex- cepting that this case does not seem to have been Viewed with the atten judicial independence that it deserved. It can only be considered as a blow erally. it aalyed. 32 at popular su! and an attempt to prencrepa0 the pop will, I have nothing say vr thecharacter of Mr. Thompson, but I do oy at he has been appointed to an office to ws I was elected by the grote vote and to which I was justly enti ,» and I Hold that this is evidence that the caso, as I said, was not considered with stern judicial independ- ence. It is pleasant to be well thought of, especially now, and I shall aiways try, as I have in the past, to proven ga my title to the consideration you have wh.” : MR, THOMPSON UNDISTURBED. County Clerk Thompson was not arrested up to eleven o’clock last night, and he appeared to be not at all solicitous on that point. He was at the Mau- hattan Club up to eleven o’clock and enjoyed » good pred with several friends, one of whom was Sheriff ye PENNSYLVANIA PROTECTION. a at PROTECTIONISTS PROTESTING IN VIGOROUS LAN- GUAGE—LEON CHOSTEAU ROUNDLY ABUSED, PHILADELPHIA, March 20, 1879. ‘The Industrial League is an association of Pennsyl-- vania manufacturers, founded upon rigid principies of protection, and whose migsion is vigilantly to watch and earnestly, to resist all attempts to remove or lessen the tax upon imported goods. The repre- sentative council of the league has just issued, for the benetit of its constituents, a review of the situa- tion regarding the commercial laws of tho country. After eulogizing our tariff system, and condemning Mr. Wood's attempt to overthrow the tariff laws in unmeasured terms, the address considers the ques- tion of special commercial treaties, the nego- tiation of which is pronounced to be ths most men- acing and insidious danger to the industries of this country. After showing how such conventions are always considered sad matured in eccret by the State Department, and by the Senste with clused doors in executive session, it is claimed that the direct Rep- resentatives of the people have no’ dis ion but to meekly ratify tho acts of their avails nothing,” the address says, » though one of the most important privileges of the House of Ropresentatives—that of originating all measures relating to the revenye—is quite nullified by the as- sumption that rates ot import duty may'thus be cs- tablished, which have not only not originated in, but perhaps are disapproved by, the House.” The address says:— ‘Tho intelligence and patriotism of the President of the United Statos and of his distinguished Secretary of State are conceded, but is it not tov much to expect that, ox- posed as they rgont reprosentations of in- terested foreigi ist z la troaty with Hawaii, wh stows in the most uncalled for manner a princely revenue asa cratuity to «few sugar refiners in San Fran. | ist rocent demonstration that {nherent absurdity t bo relied upon to defeat such projects, while the we Of that raid ts u challenge te other entorprising minds, who, now that the example is set, may hope to achieve like victories. At this moment the strange spectacle luoms above our m of sa Volunta bolf-appointe: dion ne pur bringing || y between France United | le ul! the More strange that General eriean Minister to the French cover: id condescended to attend f these voluntary and unwuthorised intiuen best It la ean, perhaps, rn ill be rominded ) th larity of ther | conduct fh neing an eflurt by not y sovking American free traders and Freweh private citizens to prejudge an important question concerning | troaly engagements which has liad 1 of approbation | from eithor government, and wh if | | to the attenti oosr's. Noyes’ and | | 1 superiors, y them. be rench leader in this scheme for over. throwing owe of government, has the backing of sono chocolate makers, Wine growers and dealers and silk man- | acturers in his own country, but hus not that of any 8 of his fell any authorization ‘own goverument, y been and will again weived by our easily tickled boards of tra x so farts he comes to their ice, wn if 3 real power. It is not, howover, . t he will make no impression or prodtce no effect, no matter how in can when vigor: mueh I od its mark Me hot from 1D w candle nay POLITICAL NOTES. + Grant and Sargent is she Presidential ticket of the Maysville (Cal.) Appeal and other Pacific slope joar- | nals for 1880, they may commit and however clear it may be upon | undisputed facts that their judgment, decision or or- der is not warranted, and thero is danger that much injustice and wrong inay happen withdut possibility of rearess.”” Munday, @ “regular clerk” in a city de- partment, was removed on the ground that some one elsg coukt discharge the dutics with more advantage to the public interests. Hoe was tvinstated by the Court. The Supreme Court, in its decision, quoted the above remarks from Judge Woodruff, and added, “this case illustrates the dangor predicated, because if the rule contended for prevailed’”’—(i. ¢., the powor of removal for any cause satisfactory to the heads of the department, the removing power)—“a mero caprice would be suficient reason tor removal, when the Legislature clearly contemplated some substan- tial cause for auch an act by the commissioners. * * © We might elaborate the result to which we havo arrived by a consideration of what is meant by ‘cause and the illustrations which the books afford, but it is not necessary. If the power to review exists then the duty to overthrow the judgment of the ro- spomdenty is too for question. The power does exist, ane oe duty stiggest follows. Ordered ac- cordingly. ‘Che Court of Appeals confirmed the above decision. Those dovisions settle the point that a removal for cause means for a good suflicient cause, aud that the cause assigned must be sustained by proof, Are they inconsistent with the theory that the officers to be removed are entitled to a reasonable latitude of defence and explanation? LEGAL, THE COUNLY CLERKSHLP, RESOLUTIONS OF SYMPATHY, REGRET AND DE- NUNCIATION ADOPTED BY THE TAMMANY MEN OY THE FIFTH ASSEMBLY DisTRICT—TaE nk. PLY OF MR. GUMALETON, A well attended meoting of the Tammany Geiteral Committee of the Fitth Assembly district was held last evening at No, 242 Spring street, Mr. Harris Wines, Jr., ocoupying the chair, Mr. Henry A. Gum- Dieton, late County Clerk, was warmly applauded as he arose to read a very carefully prepared historical pa- por entitled “Richmond Hill and Aaron Burr.” It was A sketch of notable events aud buildings in that por tion of the city betwoon Macdougal, Spring, Hudson and Vourth strects, formerly known as Richmond Hill Farm, Aftor the reading of the paper a vote of { | According to the Utica Observer (dem.), “The most serious Obstacle which the democracy has encoun- tered during the past ten years was timidity.” The dnter-Ocean belioves “Tharman, as a dem- ocratic Presidential candidate, is gaining ground in the South and Tilden stock is on the decline.” “It was,” says the Pittsburg Despatch, ‘a splendid recognition of the colored man in politics to nom- inate Mr. Rainey for Clerk of the House—when ho cannot be elected.”” . Speaking of the election of Speaker Randall the Hartford Times (dom,) says:—‘’The result is an ex- cellent one. It is in the interest of honest legislation, and one of the best of Speakers is secured." ‘The Cincinnati Mnquirer warns Mr. Blaine that if he “has any relations living around in Indiana he had better file his papersand put ina squatter's claim on that State, Colfax has been skipping around the State pretty lively within the past few months.” The Savannah Morning News woos the greenback- ors in Congress thas:—The best thing by far the greenback national labor faction can possibly do is, without regard to past political affiliations, to cast their lot witli the national old line democracy—the party of the people, for the people, and which al- ways works for the greatest good and the greatest number,” . The Philadelphia North American thinks it is timo for the greenbackers to give up the ghost, It says:— “Hopelessly beaten almost every where on the square issue last fall, and conspicuously routed in all of the apring clections, the greenbackera seem unablo to comprehend that their reason for being has do- parted, and that the people have repudiated their extravagant eleims,”’ The Providence Pres takes a hopeful view of tho situation at Washington. In its opinion, “Congress is overawed and influenced by public opinion, which at tho present time insists upon peace, yeneral good will and ag little new legislation as may be compati- ble with the public interest. It is idle and vain, for thes reasoris, to talk of rebels, or to metas if the world Were about to collapse, It is ultimately not Congress which shapes the destinies of this country, but the people, the nation, and the attitude of the latter is substantially correct.” THE CATTLE PLAGUE, UNSUITABLE ARRANGEMENTS AT BIRKENHEAD— NECESSITY FOR REFORM. [B¥ caBLE TO-1HE HERALD.] i Loxpow, Maren 20, 1879, The Liverpool Courier says:—The lwirage and abattoir arrangements at Birkenhead are altogether unsuitable and incomplete snd the charges exorbi- tant. The trade refuses to use them further than necassity compels.” ‘The Courier calls on tho Mersey Dock Board to remedy this state of things or the meat trade will be entirely driven away. AMERICAN CATTLE 4ND MEAT TRADE—A DEPU- TATION CALLS ON MR, WELSH. * Lospox, March 7, 1879. A delegation of leading Americans engaged in tho live cattle and dead meat trade between the United States and Great Britain waited on Mr. Welsh, the United States Minister at this Court, and had an ex- tended interview upon the subject of the cattle and meat trade between the two countries. Among the delegation were:—William Fuller, of Messrs. Martin & Fuller, of Philadelphia; G. C. Toftey, of Messrs. Daniel Toffey.& Co., of New York; Charles Beazley, of Mesars. Morris & Allerton, Chicago: E. Van Wagner, of Messrs, Sherman & Gilldte, New York, and Colonel Rowland, of London. After an exhaustive inter- change of views it-was apparent that the delegation were strougly of opinion that the action of the British government in the interdiction of live cattle had not n damaging to the interests of the United States; that for some time past American live cattle had been shipped to Great Britain at a loss to the shippers with no present nor immediate prospect of improvement; that dead meat is and can be shipped at a reasonable profit, and that with the great improvements in 4 |, ated transportation the trade is capable of any ex- tension requisite to meet the demands of consumers here. It was stated that the prejudice heretofore’ex- isting against American meat had been completely broken down, a great™many consumers now prefor- Pn rte ye pgp meat after refrigeration to English had killed, aud from which the animal heat not been exhausted. It was admitted that the steamship companies would not be gainers by the loas of the live cattle trade, as one ship can transport in dead meat » quantity equal to the > capacity of ten ships for live cattle. ‘he meat le to be made. profitable can only be carried on by practical men possessed of large means, with special cilities for Bbidg this business and capable of withstanding the great fluctuations in prices which are constantly recurring here. Aprivate letter from the United States Consul at Christiania informs me that by a royal ordinance of February 25 the Norwegian government: has pro- hibited the importation from all ports in the United States of live stock (cattle), sleep and goats. Three hundred head of cattle, the first importation under the order in Councdl tor slaughter on the quay, ar- vived.in Sia Mebeey tonday Ofetiag). and were henaght to the new Ueay trp rig, ed foe a6 apes ‘he same steamer landed sheep and pi verpool, but they were not schedu ed. ‘MILK REFORM IN THE UNITED STATES, Mr, Welsh and several other gentlemen will to-day inspect the Aylesbury Dairy Company, which has for many years supplied the London public with Bure milk, auder itary and other regulations, It is intended to adopt a similar process in New York, Philadelphia snd Chicago. AMERICAN BEEVES SLAUGHTERED—THE DIS- EASE REPORTED TO BE FOUND ALARMINGLY PREVALENT AMONG THEM. Tononro, March 20, 1879. Aspecial cable despatch to the Globe, dated Lon- don, March 19, says:—**A cargo of cattle exported on the steamer Brazilian were slaughtered at Liverpool yesterday, Thirteen of the number were found suf- fering from pleuro-pneumonia of a pronounced con- tagious type. The animals were purchased mainly in the Chicago markets. Another cargo of cattle exported on the steamer Ontario were slaughtered also, and fifteen cases of pleuro-pneumonia found. The lungs! were seized and sent to the Privy Council authori in London. Mr. Wetsby watched the slaughtering on behalf of the shipowners. He admits that the cattle were dis- These cattle were also purchased in the Chi- ‘o markets. ‘hese were the first consignments slaughtered at the new abattoirs at Birkenhead, erected under the new regulations compellit American cattle to be slaughtered at the port of debarkation. They were the first cases of disease detected since January, frre were no Canadian cattle aboard these steamers. THE REPORT DISBELIEVED. Cutcaco, March 20, 1879, Some excitement was created here by the publica- tion of @ special despatch from Toronto of cable news, said to have been published in the Globe, of that city, to the effect that the cattle exported in the steamer Brazilian had, upon arrival-at Liverpool, been found to be sufferiug from pleuro-pneumonia, and had been slaughtered. It was said, also, that most of the shipment was from Chicago. A DOUBTFUL STORY. “ The truth of the report is doubted, and certainly as to the assertion that the cattle exported from Ohicago had Face incomes as there has never Lot ein that disease found within this cattle istrict. CANADIAN PROTECTION, It is thought that this is a part of the Canadian ad- ministration scheme to destroy the trade between Great Britain aud the United States and establish the protective policy. The Collector gf Customs at this port believe. that any disessed oatile, baye been does not ported from here, ex] PROMPT ACTION OF PENNSYLVANIA. [Bx TELEGRAPH TO THE HERALD.) e Banusvuns, March 20, 1879. The Secretary of the Pennsylvania State Board of Agriculture, having reccived information that pleuro- pneumonia had broken out among cattle in the vicinity of Philadelphia, a bill was introduced in the Senate to-day similar to those recently en- sactel in New York and New Jersey author- izing the Governor to use every possible effort to prevent the spread of the disease. An it will require at least six days to pass the act under the constitution of the state, « concurrent resolu- tion was adopted in the Senate to-day authorizing the Governor to take such preliminary action as may be necessary to prevent its further spreading. | The Governor has already sent several veterinary surgeons to inquire Into the alleged existence of the disease with a view to its suppression. EFFORTS IN THE CANADIAN PARLIAMENT TO CHECK THE SPREAD OF DISEASE—PROVISIONS OF THE NEW CONTAGIOUS DISEASES ACT. Orrawa, March 18, 1879, A bill to provide against the introduction or spreading of infectious or contagious diseases among Canadian cattle was laid before Parliament by the Minister of Agriculture yesterday, and is likely to pass without opposition, The Senate have called for a copy of all correspondence that has passea be- tween the Department of Agriculture and the Impe- rial and United States governments, as weil as be- tween the department md its agonts, relative to the placing of an embargo upon cattle coming into Canj ada from the United States. It is expected that this return will be printed in a few days, and will furnish « considerable amount of interesting matter. The new Cattle bill provides that any party, the owner of cattle or # dealer, failing to report to the government immediately upon per- ceiving the appearanco of infectious of contagious diseases among the cattle owned by him or under bis care shall yot be entitled to any compensation where it becomes necessary to slaughter sueh cattle, and if it is proved that he has fraudulently concealed the existence of the disease among cattle owned by the offending party or under his care he shall be subject to a fine not exceeding $200 in addition to confiscating his cattle. ‘The Governor Generel may from time to time, by order in Council, prohibit the importation into Canada of cattle, shoop, horses, swine or other animals; or of flesh, hides, hoofs, horus or other parts of animals; or of hay, straw, fodder or other articles coming from places where such infection or contagion is known to exist, for such periods as may yent the introduction of such infection among Cana- dian cattle, Ratlway companies will be compelled to make &@ provision of water and food for animals carried upon the railway of the company, the water and food so provided to be supplied upon request of the party in charge of the catue or of # government inspector. The Governor General may from time to time define the limits of ports, of infected places, and Appoint inspectors and other officers when deemed necessary. Any order prohibiting the Le ae of ¢attle or animals eny kind into the country, or establishing quarantines, or declaring infected’ places, or ordoring the slaughtering of ant- mals, will be published in the Canada Gazelle, An inspector will at liberty to enter any stable, field of cowshed where he Ifis reasonable grounds for be- dieving thet the cattle contained therein have become ‘affected with infection of contagious diseases, and any party refusing admission shall be subject toa fine, The government may at any time demand roof that animals imported into or passing through Gnade shail not at the ting of their ombarkation have been brought from any locality where any in- fectious diseaso- may at that time be in existence, ‘The bill altogether covers about nine pages and en- ters very minutely into detail, CONDITION OF AFFAIRS IN THIS BROOKLYN, General Patrick was engaged yesterday in visiting the various railroad and steamboat offices in this CI2¥ AND deomed necessary to pre- | § city and Bro®klyn in reference to the conveying off cattle to and from the two cities. Professor Law left Brooklyn on an early train yesterday morning for Rye Lake, Westchester county, to ine vestigate = disease 4 some cattle in that manele ie co" the character of which the owners of the ani unable to determine, He had not returned up to & late hour last night. Dr, McLean, veterinary sur- geon of the Brooklyn Health Board, visited places where cattle are kept in this city nee ee with reference to the removal o1 permits. Dr, Bell, also of the Brooklyn Health. visited East New York and Williamsburg on 8 similar errand. ‘There were no cattle killed yesterday, and General Patrick reports that disease is diminish- ing. The great difficulty at present by General Patrick aud his assistants is caused the owners of cattle shipping the animals out of is onan, in vielation of the weg e ins ny ut East New toot of: Broadway, Wiliamsbany are at the by the inspectors, aud each animal is examined being brought into the city. The cost of slaughter- ing diseased cattle at Bhssville, rem pce | the owners tneretor and quarantining the stables at that place amounts thus far to between $1,500 and $1,600. General Patrick is of opinion that it would be less expense to the State to purchase the cattle in simi- ey infected stables outright than to quarantine OIL PRODUCERS AND REFINERS. EFFORTS TO EFFECT CO-OPERATION—A SECREP CONFERBNCE—MOVEMENT FOR THE PUBPOSR OF RAISING PRICES AND LIMITING PRODUCs TION. ¢ An important convention of the leading producers of the Pennsylvanis oil regions and the New York refiners has been in session for the past three days at the Fifth Avenue Hotel, discussing plans for the formation of a coalition of the refining and producing interests. Eighteen of the most prominent oil pro- ducers of Oil City, Cleveland and Petrolia arrived in this city on Tuesday and a preliminary conference was held in the parlors of the Fifth Avenue Hotel on that evening. It was decided to have daily ses- sions until ally the plans that might be pre- sented should be fully discussed and some united scheme of actfon decided upon, The first regular session began at ten o'clock A. M., Wednesday, and continued for about two hours, sn adjourned sitting being held late in the afternoon. Among the producers present were William Hasson, John Fertig, F. W. Mitchell, George H. Van Vleck, John Li L. H. Smith, J. L. Grandin, J. 0. Jameson, F.E. Boden, Wesley Chambers, James M. Gaffy, Marcus Brunner, W. J. Yang, L. Haldeman, D. As Stewart, George H. Nesbitt, WillianmSeMcMiljan, J. H. Simmonds. Representatives ftom nearly all the New York refiners and several Wéster® co were in attendance. * A PROPOSED COMBINATION. Yesterday the session occupied many hours, nume erous suggestions were made and discussed atlength, the debate throughout being animated and well sus- tained, The proceedings were conducted all through in the strictest privacy, no person being admitted except thoso immediateiy interested and who had received invitations to attend, It waa learned that the main object of the conven- tion @was to perfect an arrangement bee tween the refiners and producers, whereby the principal producers should~join with all the re- finers to advance the price of oil and to suppress over production. The sentiment of the New York refiners was that something ought to be done at once, looking to advancing prices and retiring some portion of the product, and it was strongly urged that measures should be adopted to take care of surplus in order that it might not be thrown upon the market. “It is » shame,” said one of the speakers, ‘‘to have the wealth of this country given bi Raya ee any effort to save it.” The jority of producers present were in favor of limiting .the production to a certain extent, the amount te depend partly on the rate to which the prices were advanced; but no united action was determined upon and a sub-committee was appointed by the producers, consisting of John Fertig, J. L. Grandin, William 8. McMillan, L. H. Smith and three other gentlemen in reference to working up the details of an arrange: ment between the refiners and producers, CONFLICTING INTERESTS. The committee held u vonsultation with the New. York refiners late yesterdey afternoon, when it was discovered that there were conflicting intereste among the refiners, which would prevent any deci« sion being arrived at then, aud they determined to return to the West to consult with the great body of producers at Oil City, and to wait for results after reed vronecne ein have ee eee the in- ‘erest,o concerned that there perfect unanimity of action smong each class before any coalition is accomplished, The convention ad- Journed last evening. TRANSPORTATION CHARGES, ‘Pho Executive Committce of the United Pipe Lines of Oil City have issued a notice to the effect that on and after Thursday, May 1, 1879, transportation charges will be collected in advance on all ac- ceptances issued or “freshened” by the United Pipe Lines, also upon all tranter orders deposited for credit, 80 that the pipeage upon all oil leaving first heuds must be paid on and ufter the above date, in- peg un as rca nee Se committee add that, in order to accommodate the trade, exceptions to this rule will be mude in cases.of contracts for future delivery of oil with pipeage unpaid, pi such contracts have been made prior to date of the notice. The announcement of this decision has caused much excitement in the oil regions, as it is & matter of the greatest importance to every person connected with the business. It is said that the new rule will make an apparent difference of twenty prose barrel in the-value of all oil now above grow: A VICTORY FOR YONKERS. Foranumber of years past the taxpayers of Yonkers hhave found fault with the equalization of taxes as made by the Board of Supervisors of Westchester county. In 1875 Jacob Read,. the Supervisor of Yonkers, appealed to the Board of State Assessors for redress, and a decision was rendered by them to the effect that an overtax of $9,980 had been levied. In 1877 Mr. Read appealed a second time from the oppression of the county supervisors, who now determiued to def their cause. The State assessors tried the case at White Plains and decided that Youkers had been unjustly taxed in the sum of $6,069 63. A writ of certiorari was ob- tained from Judge Dykman, of the Supreme Coui compelling the State assessors to make a c return of their proceedings in the matter at the Special Term. Judge Dykman theu decided against the State assessors. They appealed to the General Term ot the Supreme Court, and Judge Dykman’s decision was affirmed. Finally the case was carried to the Court of Appeals. The arguments took place on thé 6th of February, 1879, and on last Tuesday a decision was handed down reversing those of the Genertsan® Special terms of the Supreme Court. ARMY EQUIPMENTS, ‘Vhe Board on Army Equipments met {n the Army Building, corner of Houston aud Greene streets, yes terday forenoon, at clovon o'clock, General N. A, Milks presiding and Major Sanger acting as recorder, ‘The Board proceeded at once to discuss the question of the adoption of a helmet for the officers and en- listed men of infantry and artillery, Many models wero presented by a number of firms engaged in the manufactute of military equip- ments. The merits each were reviewed as well a8 the subject of the yy of giving the helmet to the artillery and infantry as it 1 already in use in the cavalry. The final decision of the Board was not announced. The general im- Cx however, is that the helmet will hereafter the head gear of all engaged in the American mili- tary service. The subject of a water and moth proof process was presented by a New York firm and racted much attention from members of the Board. The Board to-day will have before it the question of shoes. John Ennis sent his shoes, used in the late walking contest, as a model for the Board to take into consideration. of ‘The United States ship Supply and merchant ship Trimountain arrived two days ago ffom Havre treighted with goods sent from this country to the Paris Exposition last summer, The former eatried 660 packages and the latter 414. The rush of con signees to the Custom House yesterday to swear to their certificates was enormous, The arrangements made by Commissioner General McCormick greatly facilitated matters. He issued a certificate to exhibitors or their agents which had to be presented to the permit clerk in the Custom House, and oath taken that the goods or ‘wares wore of American product or manufacture, and for whieh no fees were cha . Captain oO. N, Brackett, special agent of the Treasury, and @ num. ber of other custome employés have beon to Pe ype the digohanye ol freight from the vessels, and its delivery. Few of the peskages will go under “general order,” an nearly all poen or will be claimed in the time allowed by law for holding mer- cnandise on the dock, The United States ship Con- stitution, also loaded with exhibits, which has put into Spain with a broken rudder, will not reach here fdr six weeks, THE UNIVERSITY CLUB, Aspecial meoting of the revived University Cluty was held at Deimonico's last evening, a large ntim< ber of tho nowly elected members bettig tp attends ance, After on hour spent in cow the president, Mr. G. Baldwin, called the gentiomen to order, when two committecs wore appointed, the one to sclect a club house, the other to prepare @ plan for its management,