The New York Herald Newspaper, March 26, 1879, Page 5

NEW YORK HERALD, WEDNESDAY, MARCH 26, 1879.-TRIPLE SHEET. BROOKLYN BRIDGE New York Ordered to Continue Her Payments. COURT OF APPEALS DECISION. The Comptroller Allowed No Discretion to Withhold Funds. MUST COMPLETE THE STRUCTURE No Positive Limit to the Cost in the Laws. ALBany, March 25, 1879. In the Court of Appeals to-day a decision was banded down aftirming the order of the lower Court to issue mandamus compelling New York to pay | her share of the cost of constructing the bridge over the East River, commonly called the Brooklyh Bridge. The prevailing opinion was delivered by dJedge Earle and concurred in by Judges Andrews, Rapallo and Dan- torth. A dissenting opinion was rendered by Judge Folger, which was concurred in by Chief Justice Church and Judge Miller." The prevailing opinion is very lengthy. and recites that it was the evident intention of the State Legislature that the bridge should be completed, the cost not being limited. Congress also accepted the view taken by the Legislature, nd gave consent that, cer- tain conditions being complied with, the Sec- retary of War should accept the plans and permit the work to be finished. Congress therefore Authorized the construction of the bridge, and the legislators of New York decided that the city of Brooklyn should pay two-thirds and New York one- third of the cost of such structure. By special enactments it was provided that eventually the . bridge should become the property of these cities after buying whatever stock might be fn the hands of individual shareholders. The capital stock of the company was $5,000,000. The two cities were authorizéd to subscribe to the capi- tal stock of the company such amount as two-thirds of their Common Council respectively should deter- mine. Considerable stress is laid upon the fact that the Secretary of War was satisfied with the plans, and gave permission to have them carried out. SPECIFIC DIRECTIONS TO BUILD THE BRIDGE. Section 2 of the act of May, 14, 1875, provides that within twonty days after the passage of the act thé Mayor, Comptrolier and President of the Board of Aldermen of the city of New York shall appoint eight trustees, and the Mayor, Comptroller and City Auditor of Brooklyn shall also appoint eight, for the purpose of managing and constructing tho bridge; and the trustees thus appointed, to- gother with the Mayors and Comptrollers of the two cities, shall constitute the Boar of Trustees of the bridge, aud shall have full power, control and direction over the plan and con- struetion of the bridge. Section 3 provides that after the dissolution of the company the bridge shall be a public work, to be constructed by the two cities for the accommodation, convenience and safe travel of the ingafBitants of the district composed of the twa, cities, and that the ex) of constructing and main- tho anme shail be defrayed by the: two cities in the proportion of two-thirds by the city of Brook- lyn and one-third i the city of w York, purpose the trustecs and that for doen eal pon th er ae necessary, upon the cities for such sums as they shall deem proper, in the propor- tions ment “provided, however, that the whole amount to be paid by both cities shall not ex- Bocalled upon to pay a greater sum than $1,000,000 « sum , Se Sag eS Rah com for pul trial.” my Reale oN 5 Ca the taustoss are given wer sutho: purchase + ing th® use thereo! over the same and to Ee repair at jon Ak stockholder a cote a duty, it Py t @ breach of trust, they the plan in any material matter, the one By ly of or if . It |, prevent its ion im the courts, The cannot be were, it woud bo, that the custodian of public saan the duty of the defendant, as Comptrol- 1» to pay the to them. He cannot withhold payment because in judgment the bridge will and unsafe, or because it w: had no power tho bridge and cl the two cities, and that the cities had no power to pay any money to the 2 could be compiected for not 000,000, A careful congid- whole sul it has constrained us" to ko a different view that act. The Logislature is at alt times ty the bridge as of reat iniportance to the two en has appeared be solicitous about its compaonon, tn the Grst act, that of 1967, it authorized ‘the two jsoribe Unlimited —amonnt the company, anid bo Migaately, to become the absolute owners Bridge. it conferred upon the dom; fy ‘or ereiyn power to take lands for the one of the by the right of eminent , thus treat- tng fe use corporations appointed under that act were to hold office until the completion of the bridge. The act declared the bridge to be a public highway, and, for the purpose of com- leting it, authorized the two cities to advance fur- or sums of money and take stock therefor, and it vided for the application of the income of the bridge atter its completion. All the provisions looked to a completion of the bridge, and no limita- tion wag placed upon the cost thereof, ACCURATE ESTIMATES IMPOSSIBLE. ‘The act of 1875 is entitled “An uct, among other things, viding the completion and iaanege mt of bp og one act has in ban completion 0 its Manageme! completion, It is vided that it ‘shall be com- pleted and as hereinafter provided, for and on behalt the cities; that the pian and construction thereof shall be under the control direction of the trustees (that it shall bo a public work, to be constructed by the two cities), and it the expense of con- structing and maintaining i! be defrayed by the two cities in the pruportion mentioned ;" and then it is provided that the frustocs aliall call upon the cities for the needed funds, “‘provided, however, that the be paid’ by both cities shall not e@ u00."" There is no re- quirement that, the trustees shall first esti- mate the cost of the entire bridge or that they shall net gnter upon the construction thereof unless the expense can be kept within $8,000,000, If it had been intended that the trustees should not enter upon the completion of the bridge without first determining that in no event it shou! cost more than that sw a matter of such con- trolling importance would have been ‘expressed in plain and explicit language. When the entire legis- lation upon the subject is considered the inference is not warranted that the Legislature meant that the atructure then partially completed, upon which up- ward: $5,000, had been expended, should be abandoned unless the expense of its completion could be kept to the sum mentioned, ‘The construc- tion of the bridge was a work of great peelings, unparalleled in the world. Tho difficuit that might have to be encountered could not be foreseen, It was @ work requiring some years for its completion, andthe flu@tyations in the rice of material and labor could not be anticipated, Rooker uncertain element in the cost of the bridge was the interest on all sums advanced by the two cities from time to time, which was to be added to the cost, and no one could forecast the amount of interest which would thus accumulate by necessary delays in the completion of the bridge. The nature of the work was such that it could not have been expected that it could be let by contract. NEW YORK MUST COMPLITE HER BARGAIN. ‘These considerations show that it would have been impossible to estimate in advance the precise or even proximate cost of the bridge, and yet if the contention of the defendant be sound, if the trustees had first made an estimate bei bet § the cost within the sum named, and they or their successors had entered upon the construction ot the bridge, and if it had subsequently unexpectedly and unavoidably turned out thut the cost would exceed that sum by a few thousand dollars, the whole expenditure would have been unauthorized and illegal. The trustees, disbursjng the moneys in good faith, would have ‘been personally liable and the bridge itself would have 2 an unlawful structure. A construction reaching such a result cannot be the correct one. The Legislature intended that the bridge should be completed. The work was of such an exceptional character that it did not know. and no one could know, what it would cost, and hence no limit was placed upon its cost. It was probably sup- posed that the $8,000,000 would be suflicient to com- [ plete the —, and that was the amount appro- or available for the trustees. It was a mit to the amount they could draw from the two cities and was a constant admonition to them to keep the expenses within that sum; but they were to go with the construction of the bridge and were authorized to draw for that'sum if 3 and when they had drawn up to that limit they were to stop and await further legislative authority. The islature could then suthorize more money to be paid by the two gities, or could appropriate sufficient money from tate Treasury. The proviso was. not that the bridge should not cost over $8,000,000, or that it should not be constructed if it was to cost more, but that the two cities should not be called. upon to pay more. I have caréfully examined the authorities cited on the argument upon the point last’ discussed, and find nothing in any of them Kaving any important bearing, and nence they are not ret to here. Having thus given this case the careful examination its magnitude requires T feel cdnfident in the conclusion that the order ap- peuled from is right and should be affirmed, ‘The dissenting opinion ofrJndge Folge discusses only one point—that the language the proviso in the act of May, 1875, is a restriction on the cost of the bridge, but discusses it at considerable length and claboration of reasoging and argument. PRESIDENT MURPHY’S VIEWS—WHAT HE SAYS OF THE DECISION AND THE BEIDGE ENTER- PRISE. President Henry C. Murphy, of the Board of Bridgo ‘Trustees, in speaking of the favorable decision of the Court of Appeals in the bridge litigation, last evening tos reporter of the, Heraxp that tlftre could be no longer’ any delay in the pay- ment of New York’ quota’ of $1,000,000, The decision is final and ends all differences in the matter. Comptroller Kelly had* early fayored the bridge enterprise, but he had been controlled by others in his opposition to the issue of further bonds, and he had held that the question of limita- tion should be settled by thecourts, Thedecision of the Court of Appeals is that the mandamus compelling him to issue the bonds must be gramed, and it is no longer optional with him, He is required, of course, to obey the law. The Court of Appeals have had the matter under consideration for over a month, and have taken all the time they. wanted to fully discuss the ques- ions |. “When the case was before tho Court,” said Mr. Murphy, “‘the other side brought ‘up some constitutional questions that hud not been raised before, and I am glad they did so, for this settles the whole question, the legality of the bonds ee in big to meg a ‘ ogress of the worl a ora: in- terterod with by the refusal of the New York author- ities to the calls for money last year?” “Yes. Our calculation last summer was that we would have the bridge completed—in running order, 80 speak—ond ready for use by next year. But this refus of the New York Buthorities to pay the money when called for threw us back another year, The bridge cannot now be completed till 1881. When about eight months ago ‘we were compelled to discon! we had more men employed than at any period since the commence- ment of the work. The work was more advanced than ever before, because before that time we had to get ready and to hang the cables. But when that was accomplished we could have gone on and suspended the roadway and cow: Ye approaches. Last August we advertised for proposals and received bids for the iron work for the su) ture. The bids were from four of the best iron manufactories in the whole - amount to poten! both in point of financial re- sponsibility end mochanical for constructing. When the New York authorities objected to iss further bonds on the ground that there ap; to be a limitation in the act of the authority of the trustees to expend more money, we didn’t feol authorized to give out the contracts foe the iron and timber work, nor was it prudent to 0 80. ‘cane will you award the contracts to which you fer?” “The contracts remain in abeyance till this time. Ifthe contracts had been awarded when the bids were received the work could have been going on all winter, Of course all that time has been lost and the progress of the bridge retarded just so much, The amount expended in the bridge work is about $10,000,000. The interest on this amount invested for eight months is $400,000, which has remained un- remu: ive for that time while the work has eget, tule is @ great loss of revenue to the ridge. “When will work be resumed on the bridge?” “4n wshort time. I cannot fix the date, but we are ‘all ready to go ahead on the aproaches.” T! da ‘are tullof material and the men are at hand. ve not seen any of the trustees since the de- cision of the Court of Appeals waa, announded. No special meeting of the hi called, Our regular mectings are held on the first Monday bd each month. It may be that it will be advertise again for proposals for the iron and timber for the superstructure, as the partics who bid -last summer may not at this time see fit to make the same proposals. . THE LEGISLATIVE COMMITTEE. The investigation by the Legislative Committeo into the affairs of the Bridge Company adjourned at the Metropolitan Hotel yesterday to meet at Albany, April 9, to hear arguments of counsel. Mr. Murphy received & from Albany during tho testi- mony, announcing the decision of the Court of Ap! , commanding the city to pay the money de- manded by the Com for the continuance ‘of the work. This brought the evidence to a sudden close, PILOT COMMISSIONERS, on The Board$t Pilot Commissioners met yestorday, Ambrose Snow in the chair. Tho steamtug James Watts, owned by Shortland Bros., was fined $100 for throwing ashes in the North River, off the Battery, on tho 19th of March. Tho boatkceper of pilot boat No. 7 was reprimanded for neglecting to take a pilot to the steamer Carondelet, oat was also informed that on the next charge of the kind he would be taken off the list. Ia the case of the steam- ship Claribel, which touched on Romer’s Shoal on | the night of the 20th of March, the captain of tho vessel and the pilot im charge were examined, and both agreed that the accident waa due_to the fall in the tide and bad steerage apparatus, The pilot was reprimanded. gic FORFEITED HIS BAIL. Ernest Harvier, oditor of adramatic paper, indicted for libel on Charles A. Byrne, editor of another dramatic paper, was yesterday summoned to the bar of the Court of General Sessions by Assistant District When tho scoused was called, neither iam street—appeared, aud heb tbo ov) wae de: ree clared forteitou. ’ TRAGEDIES AT SEA. SeonmenompeGpeameanen What Came of Using a Belaying Pin Too Freely, FATALLY STABBED. A Captain Attacks His Mate and Is Kil.ed in the Struggle. Assistant District Attorney Fiero yesterday morn- ing received from Thomas Adamson, United States Consul General at Rio Janeiro, Brazil, by the steam- ehip Humbolt, 2 very voluminous document of a very startling character, detailing all the elreum- stances connected with two charges of murder on the high seas. Charles ‘Thompson, alias Owen Hughes, was charged with having killed Henry Will- iams, second mato of bark Niphon, of Bath, Me., aud John Powers, charged with having killed Richard P. Barclay, master of the bark Elverton, of Baltimore, ‘Md. The sceused were brought to this city in charge of the master of the steamship, with the wit nesses in each cage. Warrants for their arrest were immediately issued upon the affidavit of District Attorney Fiero, and they were brought to the Fed- eral Building by Deputy Marshal Deubert. Thomp- son was brought before United States Commissioner Osborn, and on the charge of murder, was com- mitted without bail, for examination to-morrow. The witnesses im this case—Thomas Frost, Richard Dawson and James Murphy—wero also committed to Ludlow Street Jail. Powers, charged with the mur- der of Captain Barclay, was brought before United States Commirsiofler Lyman and committed with- out bail for examination to-day, The witnesses in this case are Charles Clark, Christian Braccamore and John Jackson, who are also detained in custody. There was nothing in the appearance of the prisoners to suggest the grave charges against them, . THE KILLING OF, CAPTAIN BARCLAY, In regard to the murder of Captain Richard R Barelay, of the bark Elverton, Consul Adamson writes that-on the 22 of February, 1879, A. C. ‘Nathans and P. Lieberman, the consignees, appeared at the Consulate and stated that the Elverton, which had recently sailed from Rio Janeiro for New York, had returned in charge of the first officer, her master having been killed by the second mate. He issued orders for the arrest of the alleged criminal and the detention of the crew, and gave a hearing on the 24th inst. The Consul forwarded by the steamer the deposition of the alleged murderer, also those of the crew. THE PRISONER'S STORY. : John Powers, the accused, made the following statement to the Consuls:— I came to this port as second mate of the American ship 8. C. Blanchard. I was frightened because of the many of yellow fever and wanted to get outot the port. On Sunday morn- ing, the 9th of February, I went on board the bark Elvertorf and made a bargain with the Captain to go with him as second mate. I signed the articles on board, and about an hour afterward we went to sea. The mate was not able to do much, as he was dowi with bone fever, and I had to do all the work for him. The satisfied with the crew and wanted me a belaying pin and knock them on their heads. About the fourth or fifthday out the-Captain asked me if I could write my name. I told him, “No, sir.”’ Ho said he did not believe it, and that if I could write my name he would give that son of a b—h below there (meaning the mate) a dose and get him out of the way. Atterward I went down and told the mate, but he was too sick to take any notice of it. Some days after that the men asked the Captain for watch and watch. [he ship was leaking, and they were tired of pumping and ship's work. ‘The Captain. re- fused them, and said to mo, “That is some of the work of the Consul at Ho, but sooner than take her back there I'll sink her."’ Ho said he knew the ship was not fit to go on the American coast the way she was. After that the mizzen showed that it was wrung, and the Ca; gave me orders about “fishing” it, and then he went to lie down. I got the work done, and when be came on deck again he asked me what kind ot+a job I had made.ot it, I said, ‘Not much of a job.” He said it would carry him as far as he wanted to go. One night it seemed that he had given me an order to el up the main skysail. Idid not hur it. Then fe me aft d told me be wanted me to pay as much respect to him as to God Alinighty. This was all worth speak- ing of that passed between us up to the 17th of Feb- ruary. On that day, before going to dinner, I had sent a man aloft to bring down the maintopsail foot- rope, While I was at dinner with the first mate I heard the Captain Pacis at the man at the wheel, and he said, “I intend to take care of every- body, fore and aft the ship.” After dinner I went on deck and went to work on the maintopsail footrope. Ihad im my hand an iron which we call a “pricker,” which Iwas using to cast the service off the eye of the footrope. ihe Captain came along and asked what I had there. He picked it up and looked at it. He had his pistol in his hand at the time he was examining the 5 “1'LL BLOW YOUR BRALNS OUT.”” He said, “Iam going to blow your brains out.” 1 said, “Good God, Captain! what hs the matter? Has anybody been. telling you lies? I'll call all hands.” With that I calied, ‘Come this way, ail hands.” He said, “Never mind, all ” T repeated the words atter him, “Never mind.” Then headvanced one step quickly and put the revolver up to my head. grabbed his right hand with my left and tried to turn the pistol away from my head. He threw me right across the booby hatch and picked up a hatchet with his left and had it raised over me. I had the pricker still in my right hand. I told him to let go of tho pistol, and the same time tried to keep his left arm at bay with my right. Cap- tain Barclay “I am going to shoot you, God damn yon!” With that I got excited and hardly i knew what I was doing. T struck him on the head with the pricker. The hatchet fell out of his hand and he then clenched me around the body with his left arm. pulled me toward the cabin and ‘down into the cabin, I cannot tell how many times I strack him. He let go the revolver when he got to the foot of the cabin steps and there we released each other, As soon as he jet gol weuton deck. Idonot know whether he was dead then or not. I had no in- tention of killing him. I thought he was trying to take my lite, He was a v owertul and I used no more violence than I t! it was sary to protect my life. When I went on deck I gave my- self up to the first officer aud told him 1 would obey his orders. He toM me he would put back to Rio and I continued working the same as usual. Charles Clark, cook and steward, in his testimony before the Consul, gave materially the same story of the killing. Ho said that as the Captain and second mate were struggling together down the companion way, the latter drove the pricker into the Captain's head at theear. Then the Captain called ont, “I'll for- give you.” Then he called out, “Help, men, help.” ‘These were the last words he heard from him. Aiter the sctond mate came on deck he went down into the cabin with three other men. The Captain was then breathing heavily. He pulled the pricker out of the Captain's ear and took it on dock and gave it to one of the men, who threw it overboard. The depositions of John H. Dearborn, first mate, George Brown, Joseph Lambert O*Neil, Christian Braccamore, John Adams and Jasper Scott, of the crew, are also forwarded by the Consul. Ali agreed substantially as to the facts and as narrated by the mer. John Jackson testified that the Captain hhreatencd to shoot him upon the same day, when he was attho wheel and the ship was off her course, and John Adams that he was strung up in the rig ging by the Captain's orders, whon, with others of the crew, he had asked for watch and watch in the ship’s work, ek THR NIVIOW TRAGEDY. fe 10 mpson, alias Owen 8, second « Charles TI Hughes, PA, mate of bark Niphon, of Bath, Me., are aiso for- ward from Consul General Adamson, trom Rio Janeiro. This atfray took pluce on the’ day beforo Christmas last, when the bark was on her way from Cardiif, Wales, to Rio, ‘Thomas Frost, one of the seamen, made the foi- lowing statement in regard to the aifair:—The day before Christmas all hauds were called out to shortén sail about five A.M. When I came on deck the mainsail was hauled up and all hands laid aloft to farlit. The second mate was in the slings of thes yard. Lwas on the starboard side of the slin; alongside the sccond mate and Thompson on the other side, The mate told Thom to he: Ragone and when he «id Williams said, “What in the hell are you doing there? lay in, God damn lind that “you have just ay owl Williams then said, “You damned crippled old » WN fx you when I get you on deck,” and made to wit the sume remark, When the mate Williams met Thomp- son on deck the former pulled a belaying pin out of the rail, and, without a word, struck Thompson sev- oral blows and drove him to the leoward. I went toward them, There were two or threo men stand- ing by the iifo rail, I said to them, “Are you going to stand thie?’ I heard Thompson ery out, “Let me up.” I saw him down on deck, and the see- ond mate kicking him. ter were both standing by. ‘Thompson aud the second mate another man fol- lowed me, and when they saw us coming they walked toward us, and Thompson get up. The second mate then said to me, ‘Tommy, we can settlo this with- ont you.” He ordered us forward, and he and the first mate toliowed us —Prosently I saw the second mate go back to Thompson and strike him again with the belaying pin. 1 did not see Thom strike back, but I saw the second mate walk aft olding his head down. Then Thom came and have nearly killed me; PYean' hardly faa’ Tdi not now that the second mate was killed until eight gees. ‘There appeared to be a cut on the forehead, nweon and a little above the eyes. ‘Lhe depositions of Jan Petterson, Richard Dawson, John Somers, George Murray, Thomas Murphy, Samuel L. Rogers and Carl Schalke of the crew of the Niphon, cprroborate that of Frost, in every par- ticular, Schalke, the cook, testified that about four or five weeks after the eflray when on the topgallant forecastle, Thompson said to him:—What do you think of this scrape? Idon’t deny that I did it, but What would you do, When there are two or three after you with belaying pins?” WHY THOMPSON USED HIS KXIPE. In his own deposition, the prisoner, after detailing the origin of the difficulty, and as tol by the others, speaking of the renewal of the mi him, says:—‘I was excited, and, hardly knowin; what I did, I grabbed my sheath knife and strue! him in self-defence, He put his hand to his fore- head and walked off, Idid not know that Thad cut him very bad, Iknow that the knife stopped him, I went about my duty, furling the foresail, and had no idea that Mr, Williams had been in- nor did anybody else, as as 1 know. I had used my knife only for self- defence, and in a moment of exeitement, and had no idea that I had given # dangerous wound until 1 saw the dead body, I do not know that 1 did it, but I have no desire to throw the blame on anybotty else to shield myecelf, aud I confess that it must have been the cut or thrust which I gave him with my eth knite that caused the desth of Mr, Williams.” ‘Thompson stated yesterday that he should adbere to the deposition made and throw himself upon the mercy of the court. It is tho impression that «he charge of murder will have to be given up as against lum, and the prosecution confined to a charge of manslaughter. THE CITY FATHERS. THE BROADWAY RAILROAD PROJECT—ALDERMAN MORRIS PROPOSES TO SELL THE FRANCHISE AT AUCTION-—AMUSING INCIDENTS. The Board of Aldermen met yesterday afternoon at two o’clock. As usual the Common Council cham- ber was crowded with politicians and constituents of the City Fathers, who appear to take a deep interest in the proceedings. When the Board had been calléd to order by President Mott Alderman Morris pre- sented a series of. preambles and resolutions on the subject of the Broadway Railroad, By the terms of Mr. Morris’ measure the franchise is to be put up at auction and sold to the highest responsible bidder. The following conditions are also agreed to :— The pavement within and between and for a space two feet outside of the onter rails of the tracks of suid railway shall be kept in good repalr without oxpense to the city, and be of the same kind of material as may be in use in paving the curriageway of the streets in which such Fully are luid.and the snow and ice upon the curriugoway of suid Broudway between the Bowling Groen and Four- teenth stroet, shall be removed therefrom within thirty- six hours after each fall of snow, and the said Broadway shall be swept aud cleamed and the dirt taken up and ro- moved therefrom onev in every twenty-four hours, the clty providing convenient places of deposit. + Whon ouch of tho cars to be run upon the tracks hereby authorised to be laid shall contain fourteon passengers the ‘Word “full” shill be displayed conspicuously on some part of said car, and no other passenger shall be allowed to enter therein until « seat shall become vacant, aud on no Sccount shull more thun fourteen passengers be allowed to enter therein at any one time, nor shall any person be per itted or allowed to stund upon or oecupy any platform on Wy such car, except the conductor and driver thereof ; the uty in every such ear be from each other, as the cars of the Metropolitan Elevated Ratlroad Com- pany; and the fare shall not exceed fiye cents for peslngle. passage upon sald rail tance ‘between Fourteenth street and Whitehall street. Said railroad shall be built and fully equipped, us above provided, within » period of two years from the date of the passage of this preainble aad resolu- fion dime lovt in Jognl proceed! if any, excepted), un- der a forfeiture of the pormiss! roby granted; « fuilure to comply with each and and every one of the stipulations above contained shall also work @ forteiture of the privi- «loge; and cars thereon run both ways every fifteen minutes ‘between the hours of one A. M. and five A, M.,and between the hours of five A. M. and ono A. M., as often'as tho public convenience may require. the Mayor of the city of New York to bo the Judge of the requirements of the public in this respect, aiid his directions in respect to thy time of running the said cars, given to said company. or its prest- dont or superintendont or other prominent officer, hull bo binding upon said company. Evry failure to remove the leo, or to swoop and us above a |, shall involve a forfeiture of us & every failure to comply with the dircetion ot the Mayor in respect to the running of the cars shall involve a forfeitare of $250; for carrying passeng: inany car in excoss of fourteon’ oF for permitting any passengers to stand upon oF occupy the platform of any auch car the penalty shall be $10, to be recovered by suit, in any court having jurisdiction, on complaint of the Mayor, in the mat- ter of the removal of snow, ice and dirt d time of run ning, and of the Commissioners of Police, of any police. mun, by complaint of the Corporation Attorney, for carry. ing passengers in excess of fourteen in each car ‘or for per. mitting passengers to stand upon or occupy the platform stroots, \nying the tracks, re placing the pavewents and keeping the space in aud about the tracks in repair to be under the control aud subject to the direction of the Commissioner of Public Works; and be it further * ‘Resuived, That pursuant tothe provisions of sub-division 6 of section 8, chapter 104, Laws of 1850, the right to build and operate the railroad mentioned in the foregoing resolution shall carry with it, as a portion of the tranchise therein contalued, the right to connect with tracks of other companies, and to run the cars of the said railroad to be built in Broudway to and upon the tracks of any other company now operating a railroad on the surface of any of the streets, avenues or public places of thia city, south of Fifty-ninth streot, leading directly to of iu the deur vicin- ity 3¢ tho Central Park; provided that the fare shall in no case exceed five conts for u single passage upon said rail- roud, or its conncetions, for any distance eween the Central Park and the foot of Whitehall street. vo por cent of the gross reevipts to be paid to the city semi-annually. SELLING THE FRANCHISE AT AUCTION. Alderman Morris, after the reading was finished arose and stated that he had been waited upon by a HERALD ropresentative, who had informed him that the offer of $1,000,000, recently pal in that journal, for the franchise was a bond fide one, and in case the privilege was put up at auction that amount of money would be bid. In addition to would comply with all the conditions agreed ty Peau Belmont & C6, Alderman Slevin said he doubted whether the had the power to grant the franchise at all. In his opinion this question should be determined at once. Alderman Morris said he also was of that opinion. In fact he thought that Broadway should be kept tree from railroads. If the public desired that a road should be built all the money that could be obtained for the privilege should be secured by the city authorities, Then Mr. Morris offered a resolution asking the Legislature to pass « bill amending the gencral law, by providing that no city, town or village shall dis- pose of any iranchise except at public auction. Mr. orris moved the adoption, but Alderman Haughton thought the measure should be referred to the Com- mittee ou Law, and the latter's motion was carried. A report of the Committee on Lands and Piaces was then read. It was in reference to ceding to tho United States government a triangular piece of land on the for the purposes of a office. The committee advise that the property be given, subject to restrictions made by the Commissioners of the Sinking Fund. ‘he property is only to be used for government purpoxes. Alderman Burns wished to amend the report of thee| committee by ve He ® condition of the grant that only resident r be employed on the work of building the barge otfice, and that it be constructed by day’s work and not by contract. The Aldermaa said that the general government made most outra- geous contracts in the prosecution of public work, and it was for this reason that he offered his amend ment. y - Alderman Sheils and other City Fathers then pro- ceeded to talk on the subject of the resolution, Various amendments were suggested. Mr. Jacobus moved that no mechanics or laborers be employed on the barge office unless recommended by # member of the Board of Aldermen. The laughter at this amend- ment was continued when Alderman Morris moved that ‘ne sailor be allowed to enter this city unless be n fed on tood bought in New York county.” Teport of the committee and Alderman Burns’ amendment were then adopted. | Alderman Haughton moved that a committee of five Aldermen be appointed to tender a reception to Captain Schwensen, of the ill-fated steamer Pommer- ania, on bis arrival In this city, The motion was adopted, aud Messrs. ton, Strack, Jacobus, Kenny and Saner ware appointed as the committee. MR. DUNLAP’S BILL VETOKD. ‘The following veto ee was then read and laid over:— kw Yous, March 25, 1879, x return, without my approval, tho resoluti adopted by the Board of Aldermen, eo, wut iving the C epiryller to pay to the U tho sum of $4,669 87, to mest a defleiency arisi’ excess of the “pe jer the receipts of the o © eolones off Jurors daring INT, rougon that it Ly that any detailed statement of the roceip ures of the office have been sub ie Hoard to determine whether the mditures of the office wore in ox- for fines and pe ‘The anomalous provision of tty anil Hegesvary expenses of the C jee may de paid by hiw out of the money recetved by him for tines and nenaltion™ certainly cannot be coustrued tw dispense wi necessity of w proper , $5 EDWAKD COOPER, Mayor.+ Another veto wae then read. It related to the ques- tion of whether certain work of laying Croton water mains should be done by Lg i ig or by contract. ‘The Mayor says the Board no authority in the matter, sole discretion being vested in the Commis- sioner of Public Works as to how the work shall be done, The veto was laid over, ‘The Board then adjourned, propor and necessary ex coxs of the snins roesiver New York, March 24, 1879. To tat Kprrorn or THE HenaLp:— L sve by this morning's issue of the Hanann that a | young man bearing the namo of William E. Barnes, has been arrested and imprisoned in Philadelphia on the griive charge of forgery, As tho name is exactly similar to my own, and as through my Iatest pro- duction, “Only s Farmer's hter,” I made a host ot friends in New York and elphie who «lo net know m aS and who ht infer from the similariey name that Twas the » Ewould beg leave to state, through your jumns, that the mun arrested was eneh oan humble servant, nor is Ww ve tially, neem TTLLTAM i DANES, Drouadio kuin. RIVAL -COUNTY CLERKS. ——— Hubert 0. Thompson and Others. Ar- raigned at Harlem Police Court. MR. GUMBLETON’S COMPLAINT. Service of the Warrants and Argumen's of Counsel on Both Sides fa PRISONERS THE PAROLED. The excitement over the removal of Henry A. Gumbleton from the’oftice of County Clerk and the appointment of Herbert O. Thompson in his place reached its height yesterday afternoon when it be- came known thut Mr. Thompson, Thomas Costigan, supervisor of the Cily Record; Edward A. Clarkson, janitor of the Court House, and William Gannon, a watchman in the same building, had been arrested for their forcible entry iuto tho office. For two or three days past Mr, Gumbleton and his immediate friends have been m consultation with Mr. William A. Beach, Edwin R. Meade and Peter Mitchell, The mystery surrounding their delibera- tions led to the circulation of reports that they meditated some legni actiou, either to test Mr. ‘Thompson's occupancy of thesoftice or to cause the arrest of Mr. Thompson on the ground that he had violated the law in taking forcible possession. The new County Clerk has been in daily expectation of arrest in consequenice of these rumors, and the neigh- borhood of his office and the corridors ot the City Hall were yesterday thronged by anxious crowds who cageriy devoured eyery flying rumor. It was generally believed that a warrant would be served yesterday, although Justice Duffy said, a8 late as ten o'clock on Tuesday morning, that none had been issued. Believing that there might possibly be re- sistance to arrest a large number of politicians and personal friends of both the new and the old County Clerk were assembled about the County Court House to watch the turn of events. THE PRECAUTIONS TAKEN. The proceedings attending the preparation of the complaint and granting of the warrant were attended with much secrecy on both sides.. Mr. Gumbleton spent the morning in consultation with his counsel, while Mr. Thompson was closeted in his office with his counsel, Messrs. Charles F. McLean and Henry E. Kngx, of the Bar Association’s committee; Mr. Maurice J. Power, Arthur J. Delaney,and others. Matters were brought to a crisis when at noon Court Officers Bennett and Hitchcock appeared in the office of the County Clerk and served Mr. Thompson with a warrant of arrest. ‘he warrant was for mis- demeanor and forcible entry and detainer of premises, or, in the language of the statute, for “taking possession with strong+hands and multitude of ple’ of the premises of * the, complainant, Henry A. Gumbleton. The greatest ‘ punishment for this offence when proven is impris- onment inthe Penitentiary tor one year or a fine of $250, or both, in the discretion of the Court. The officer informed Mr. Thompson that his presence at the Harlem Police Court would be required atehdlf- t three in the afternoon. Mr. Thompson prom: to be present and the officers left. SERVING THE WARRANTS. ‘The warrant for Mr. Costigun’s arrest was served ini the office of the City Iecord, in thé basement of the City Hall. When the officers first called Mr. Costigan was absent, but when they visited the place a second time he was served. Mr. Costigan seemed to be taken by surprise. Mr.Gannon and Mr. Clarkson were subsequently served in the County Court -Honse. ied by his former Mr. Gumbleton, accom associates, J. Fairfux, A. McLaughlin, John E. Wade and M.J. McCosker, arrived at the Court House, where Justice Duffy was sitting, about three o'clock. About the same time the tormer’s counsel, Edwin R. Meade and Peter Mitchell, ap, upon the scene, Soon afterward Mr. Charles F. McLean and Mr. Henry E. Knox came into the room. Fifteen minutes later, or about half-past threo o'clock, Mr. Thompson, acco! ied by his fellow prisoners—Mr. Costigan, Mr. non aud Mr. Clarkson—arrived and were shown into a pri- vate room at the right of the court room. There was a crowd of about two hundred porsons in the room when the word was passed that the accused had re- sponded to the warrant. Among those who occu- pied outside of the rail were Sheridan Shook and John Fox, Thomas H. Ferris, George Black, Water Register Daniel J. O'Reilly and Timothy Shea, ‘It was said that the two first named came ry oped tofurmsh bail for the prisoners should it be re- quired, . THE COMPLAINT. At four.o’clock Justice Duffy took his seat and the Ea filed into the room. Mr. Gumbleton and is friends occupied seats on the front row to the right of the centre aisle. As they filed past Mr. Thompson was in advance, followed by Mr. Costigan. Both were fiushed and apparently Tor 4 embarrassed. The new County Clerk bowed to Mr. Gumbleton amd smiled; Mr. Gumble‘on bowed slightly in return. No signs of nition passed between the others. Then Mr. Gumbleton, with his witnesses—Messrs. McCosker Hidex, stopped tothe bar and. the proceadings began. , stepped to and the proceedings began. Sustice Duty showed Mr. Gumbieton hestmpieat and asked him if he was prepared to substantiate the- allegation by proof. Mr. Gumbleton replied that he ‘wes ready to proceed. THE AFFIDAVITS. ‘The first affidavit is by Henry A. Gumbleton. It set forth that Hubert O. Thompson, Thomas Costi- gan, Edward A. Clarkson, William Gannon and some tifteen other persons, between four and five o'clock on the morning foliowing the night of the 17th inst., made forcible entry “into the lands and premises in the Sixth in the city of New York, on the north- eust corner of the new Court House, on the first floor and basement thereof, consisting of four rooms and @ passageway on the said first floor and two rooms and a passageway in the said basement, bein, the premises known as the office of the County Cler! of said county, and did forcibly put this deponent out of possession of the said ids and premises. And the it further said that on the 7th day 876, at a general State election held he was duly chosen Clerk of said county by the electors of said county for three years from the ist day of January, 1877, then noxt ensuing; that he duly qualified as such clerk, and ou the said Ist day of January, 1877, duly entered upon the dis- charge of his duties as such clerk and continued in their discharge until the unlawful acts of Thompson and the others complained of; that in the discharge of such duties he, on the Ist day of January, 1877, took possession of the foregoing described premises and had ever since held alaaon and Undisputed posscssion of the same until the forcible entry by Hubert 0. Thompson and the others on the morning of the 18th fust., long after the depo- ent’s possession and right aforesaid occurred. Wherefore the deponent made complaint that such entry Was made by Thompson and the others wi ng hands and @ multitude of people, contrary to the provisions of article 1 of chapter 8 of title 10 of part 8 of the Revised Statutes, and coutrary to section 39 of chapter 1 of | to do atter along examination. Raopeces “ifs dient wanted = proof to sustain his charge, and us e to fix a day when the examination would take pi They proposed to prove that Mr, ‘3 entry to the office was violation of the com- mon and statutory law. Justice Dutly suggested that if that course were decided upon he would fx such of the day for the examination 48 would not interfere with Mr. Thompson's official duties. Mr. Kuox, on behalf of Mr. Thompson, said the accused were there to waive examination and ask to have bail fixed, Mr. Meade insisted that the prose |. cution had @ right to show that an offence been committed and that the accused are the persons who committed it. Mr. Knox demurred, and Mr, Mitchell, on behalf of Mr. Gumbleton, quot several authorities sustaining the ion assumed by the prosecution. The sitting magistrate in sch a case combines the functi of judge aid jury. He was judge of the law ani judge of the facts.” The law is as much for the pro- tection of the magistrate as the accused, He was to decide whether Mr. Thompson and his associates had violated the law, ‘We have tour witnesses here,” he said, ‘and we have fifteen more to sustain the alli tions of the complaint. We cannot waive our rights, because they are the rights of the people.” Ho prong the judge should hear the evidence, as Mary Gumbieton was there on behalf of the people, AX BITRADADDURE PROCRERIDD | ~ Mr. Knox replied with warmth, He thought it most extraordinary proceeding that a judge should be asked to throw away his.time on 4 preliminary examination made to ascertain whether there had been probable cause for the complaint. If there waa then the matter properly belonged to the Grand Jury, The moment bail is furnished the object for which the magistrate sat was accomplished, The object sought would be attained by accepting bail and waiving examination. Counsel cited authorities to sustaim the point that he sug- wrested was the proper one to pursue. We do now voluntarily,” said he, “what you can only compel us The right to waive you cannot withhoid trom the accused, prosecution can persuade the magistrate to give them a little cheap notoriety at tue expense of his time it was all well and good. By issuing those Warrants you show that your mind is ma up that there a case of probable cause presented. We come into court waiving our rights to examination and insist. ing on our riht to be admitted to bail to await the action of a higher tribunal. For you to follow any other course than the one we ask would be @ prostitution of your office to serve the party ends of the complainants. He hoped His Honor would not be made a catspaw of for any stich purpose. THE JUSTICE’s QUERY, * After considerable additional cross firing Justice Dutty propounded a question to Mr. Knox. He asked :—'Suppose this were a case of felony, and the magistrate wanted to ascertain what proof could be adduced, so ‘that witnesses who might be spirited dey might be sent to the House of Detention, what en 2”? Mr. Knox replied that the Judge should txercise no such function. “It is no part of your duty,” said he, “to dragnet through the community to find out whether witnesses may be required. We wish to t 4 of title 6 of sai tates, and co to the ws of this State and to the disturbance of the pub- lic peace.” Deponent therefore prayed that the said Hubert O. Thompson, Thomas Costigan, Kadward A. Clarkson aud Wiliam Gaugon might rehended and held to answer such complaint, aud be dealt with relative to the same as law and justice may do- mand. ‘The complaint is dated March 24, OTHER AFFIDAVITS. The next affidavit is by Mathias J. McCosker and Alexander J. Dowd. They depose severally that they have been in the employ of Henry A. Guinbleton, whose affidavit and complaint is annexed; that in the course of their employment they were directed to carefully wateh the premises mentioned in the compiaint, and os from the hour of four in the afternoon each day until nine of the following morning, and prevent the ad- mission of all persons not especially authorized by said Gumbleton to enter oe we. That by reason of such employment and at the direction of said Gumbleton on the night of the 17th inst. all the windows modes of exit and ingress were carefully aud securely locked, and these ments alone occupied prem- os unt forcible entry by Thompson. at just about the hour of haif-past four on the morning of the 18th day of March each of these de- ponents was awakened by a loud pounding at one of the doors of suid office in the basement, which was then locked and barred, and immediately thereafter the locks and bars of such basewent doors were burst open with great force and violence, ond the door being thus opened, Thompson, with & great crowd of persons, push into the rooms of ssid Gumbleton. And amet the persons who thus accompanied said Thompson were the ptisoners at the bar, Costigan, Gannon, Clarksoy and some fifteen or twenty other persons unknown to deponents, but who, from their personal appearance, deponents judged to be danger: ous and desperate characters who would do de nents bodily harm. That said Thompson approached the deponeats in a boisterous manner, saying that he was p1 for all emergencies, so that depo- nents, in the presence of these demonstrations fearin, for their safety, yielded to Thompson the latter took possession of the premises, ‘The proceedings, which. from thls point lasted p is, whie m thie a about au Hour, attracted the most intense interest on part of those present. On eat od com) ut, Breen oom for & prompt ai tough examination charges rred. “We havo," ho “evidence to get from the County Clerk's office, and de- x waive an examination, and if the Grand Jury indicts we are‘ready to go to immediate trial.” Did the Judge believe tue affidavits when he N pera these warrants? If he did not, then may God forgive him. Assuming that these alleged facts are trae and yout having issucd these warrants, are you competent to sit on this examination? Judge Duffy said he would consider the points peenies and render his opinion on Saturday morn- ing at ten o'clock, to which time he would parole the prisoners. Before the accused left the court room their pedi- grees were taken as follows:—Hubert 0, Thompson, aged thirty; born in Massachusetts; unmarried; residence, No. 185 Lexington avenue. Thomas Cos- tigan, aged thirty-six; married; born in Ireland; residence, No, 360 West Twenty-ninth street. Ed- ward A. Clarkson, aged thirty-seven; born in Ire- land ; janitor; married; lives in County Court House, William F, Gannon, aged thirty; born in United States; messenger; unmarried; residence, No. 310 East Fitty-ninth street. THE MAYOR'S CHARGE, ‘Mayor Cooper said yesterday that he had not sent the papers in the cases of the Police Commissionert to Albany. Mr. Jokn Tyler Kelly, the Mayor’s First Marshal, was about the Hall and said that he had not “taken the documents to Governor Robinson. There appeared to be no doubt in the minds of some shrewd politicians that the removal papers were to have been sent on Monday evening, but owing to something no action was taken in the matter. There was arumor during the day that the reason why the charges had not been pra tie | since was owmg to 4 disagreement between Mayor Cooper and Governor Robinson in referende to the candi+ dates selected to fill the prospective vacancies, The truth of the rumor could not be traced, PAY OF THE POLICE, LEGALITY OF THE TWENTY PER CENT REDUCs ‘TION IN THE SALARIES—ARGUMENT BEFORE THE SUPREME COURT, GENERAL TERM. The question whether the statute of 1866, pro- viding that when goid and currency were at par the pay of the police force should be reduced twenty percent has been repealed by subsequent legisla tion, was argued at length yesterday before the Supreme Court, General Term, Judges Brady, Ingalls and Potter being on the bench. Acting under the act of 1866 the Police Commissioners on the 1st of February last deducted twenty per cent from the monthly salaries for the previous month of members of the police force; such deduction, however, being submitted to under protest, with a view to test its legality in the courts, Arrangements were speedily made to have the matter tested, and to this end In- spector Dilks, Captain Walsh and Patrolman James Carroll appiied to Judge Donohue, in Supreme Court, Chambers, for a peremptory mandamus, r the Police Board to pay to them the amounts de- ducted from their respective salaries. This writ was granted as the first step in the order of legal pro- ceedings to carry the case to the Court of Appeals, it being well understood that whatever might be the. intermediate decisions the matter would be carried to the latter tribunal for final judication. Pre- vious to the Ist of January last, when United States currency and gold beeame at Mang inspectors of the police were paid $3,500, captains $2,000 and patrol- men rey pet annum. If the deduction of twen r cent is declared legal the pay of an inspector w: $2,900, of a eaptain 1,800 and of # patrolman a $260 per adtium. As will be seen, it is # matter of no amall consideration to the members of the force; and as they evideutly regard it well worth fighting out in the courts ex-Judge Emott, 7 re N, Dwight, of the Columbia Law Sch: and Charlies F. MacLean were retained on behalf the Police Board, and Messrs. A. J. Vanderpool, George Bliss, John D, Townsend and Eiihu Root by the police torce, which united in bringing the test suit ARGUMENT YOR THE REDUCTION, It was contended by counsel for the Police Com~ Missioners that the only provision of law fixing the rates of compensation of the officers and members of the Metropolitan Police is con- tained in the act of 1866, which provides for the twenty per cent reduction under the conditions stated above, excepting that the pay of captains shall not be less than $1,500, and of sergeants not less than $1,400 per annum. ‘One of the strongest points Taised was that section 76 of the charter of 1870 re- moves all doubt on the subject of the legality of the twenty per cent reduction, this section expressly de. claring that ‘‘cxisting provistons of law relating go the Metropolitan Police shall apply to the Mi Police under the charter.” ‘ue charter of 187%, . contained the same as to twenty = cent reduction, the return to specie payments being regarded as cer- tain inevent though wneertain in time. It was in- sisted, in conclusion, that the fact that the Police. « Board had sufficient funds to make the payment does not entitle the relators to demand what the law does not give them, POINTS AGAINST THE REDUCTION, A like lengthy argument ensued in opposition to the reduction. It was urged that in the matter of compelling payment of the twenty per cent reduction @ mandanius is the proper remedy, and that the proper course is to compei the Police Commissioners to do their duty and pay to the relators the balance of salary claimed. It was urged that under the act of 1870 the relators ave clearly entitled to the full salary for which contend. All the various acts from 1887 police were reviewed at length, and from such review it was insisted there was no ground for reduction of PYRE the close of the argument the Court took the papers, reserving its decision. CAPTAIN’ WILLIAMS’ CASE, At the meeting of the Board of Police yesterday Captain Williains, by ® resolution, was permitted ta employ counsel ih tho matter Of the charges againel a. DISMISSED FOR COWARDICE. Police Officers Byrnes and Ryan, of the Fourteentlt prscinot, convidees of cowardice during the shoow ing of Oflicer Furniss at the Metropolitan Hotely were dismissed the force, AN EXEMPLARY POLICEMAN, At the Tombs Police Court yesterday Captain Petty, of the Fourth precinct, preferred a charge of at tempted outrage against Oilicer McCarthy, of his pres cinet, the complainant being « little gitl named Christiana Eyles, who resides with her. parenté at No. 62 New Bowery. The soner, as id claimed, was identified by the at the i station house, and on this being ne Petty suspended him from duty, Whon the was formally preferredyagainst MeCarthy Justice Otterbourg committed him for trial in fault of $3,000 bail. MeUarthy is twenty-eight yourd of age aad has been residing ot No. 82 street. On being questioned about the charge, ha fail substantially that it was ® put ap job. Captain Petty gives the accused a good ci Movarthy . has on the force since July, 1876,