Newspaper of The New York Herald, March 21, 1873, Page 3

Newspaper of The New York Herald dated March 21, 1873 Page 3
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THE STATE CAPITAL. The City Charter at Last Reported in the Senate. WHY THE CUSTOM HOUSE YIELDED. Decision in the Cogswell-Oakley Case in Favor of Oakley. iscrgii'8 ism ueicmcu m mc Assembly. Lord's Resolutions Denouncing the Congressional Grab. Mate in the House on the Bill Exempting Bonds and Mortgages from Taxation. THE BILL KILLED FOR THIS SESSION. Albany, March 20, 1873. the charter reported. .The report of the Committee on Cities of the Senate this morning on the charter was not a surprise to anybody. The growls In committee during the past week and the all night tight on Thursday night were to every mind strong evidence that the Custom House party had at last been compelled to give way to Thurlow Weed's "suggestions," not to say anything about the rumbling of the popular Voice In New York which had made Itself heard In no unmistakable tones against the passage of the bill in the Hhape it hud left the Assembly. It Is the general belier that no material changes will hereafter be made In the bill, and that It will be passed as It now stands. It will be printed and on the flies of members on Tuesday, and doubtless by Friday next at will have reached the Governor. Still, so far as the disputed question of tub appointing power is concerned, it cannot be said to be a triumph for Mayor liavemcyer and the Committee of Seventy so long as Messrs. Vance and Wade have the preponderance of votes in the triumvirate of appoint Ill cut IIlilAriB vuuniltui/tu %JJ hue UUI, uviiriviiovnuu' lug the evidently Impracticable clause to the effect "that the Jla\or shall have a controlling voice therein." The "ring" that has been so often spoken of can certainly be more easily formed than in the old section, wliere eight dubious Aldermen were required to make the "ring" a perfect circle. So tar as ."non-partisanship" is concerned, no charge of thut kind van pre vail against the present status of the eventh section, as the three appointment makers Actually comprise representatives of the two prominent parties, provided yon count in llaveme yer us a uemocrat. Woodin Hays "that if any one will tell him positively whether Mayor Havem ever is a democrat or a republican he will leara something he doesn't know at present." At any rate, EATON AND DAVBNrORT both seemed pleased at their respective success In the co nduct of the cliurter campaign, and wnen these differ ing champions are eacn pleased it muy safely be said that tliu section Is open to objection. Eaton nas undoubtedly achieved a triumph In securing his whole batch or amendments. Tuesday night will probably be a Held occuslon In the Senate. Leading orators of both parties are getting ready tor the tray, and undoubtedly the eloquence of Johnson, benedict, Woodin, Welsmanu and Lord will make the rhetorical aoul of George Clinton's picture weep, and probably cause the sensitive Davenport to swoou, it lie has the courage to be present. A FAMOUS CASE PECIDED. The famous case of Cogswell vs. Uakley has at last been decided. It will bo remembered that shortly after the election last November in the Second district of Queens county Cogswell ran as a republican candldute for Assembly against Mr. Oakley, a democrat, who was a member last year and tbc year previous. Queens county went republican, but Oakley, who is very popular in the county, was elected, even though lie did run on the opposition ticket. This lact seemed to Cogswell proof stroug as Holy Writ that Oakley ought to have been among the dead men oi the day, and, having a great, deal of party coiiildence in an Assembly with a two-thirds republiean majority, he determined to make Oukley go where the woodbine twlneth in Oueetis county. lie went about his de llghtful task"by petitioning tlio Assembly to look into the way Oakley was elected, and, in puisuance or the request, tlio petition was referred to the Committee on Privileges and Elections, with authority te investigate Cogswell's grievances. The committee went to New York some tune ago and took a large amount or tcstlniony in the case, and on their return to Albany auhpu-nae.l, at the request or Cogswell, several citizens oi Queens conniy, whose testimony, It was believed by the ambitious plaintiff In the action, would give him great consolation, and probably secure ror him A HEAT AMONG TIXK LAW MAKERS of this great tttate of ours. Well, to make a long Btorv short, the committee worked for weeks to find out Just where the .claims of Cogswell wcro borne out by the facts, and dually have come to the conclusion that Cogswell has not made out anything like a decent case lor himself, on the contrary, he made a very good case lor Oakley, although probably he didn't know what he was doing when he was about It. The committee had a meeting to-day and discussed the question at issue in all its aspects. It became .evident that all the members were 01 one opinion about the matter, but in order to make assurance doubly sure a motion was made thut the inspectors or election should be summoned to show what they knew personally of the contest in the district at the election. This peculiar move wbh riddled to pieces by one of the members of the committee, who very Justly remained that li Mr. Cogswell had been unable to niak^ out a case for himself It was the height of lolly to ask Mr. Oakley to make out one ror htm. A vote by ballot was then taken as to whether the comjrlttee should report to the Jlouse that the , AAnUi fonf. hsiil mn.lp nut. n. untul anrl thn ro eulfc it .is A UNANIMOUS VOTE IN THE NEGATIVE. Thlant annuity of the commliiec one would think ought to satisfy Mr. Cogswell that when he runs against Oakley the next time he has got to get more votes than his opponent In order to heat bim, auti that setting up a hue and cry or fraud will not always lead no success even with legislators politically ot his own stripe. Kill) we all know tlu>t contestants lor seats In legislative) bodies, gc good or lalse grounds, never tall to get paid their legal expenses Incurred In the contest.. Cogswell <will doubtless get his little bill through . All right. And tlieu It is to he hoped we will have heard the last of this, the only contested case this year, which has occupied so much valuable time of an important committee aud thrown democrats And republicans In Queens county into eposms or political agony for months. hero it's nn.rRcgh'n bin was kilted this afternoon in the Aaaeinkiy. A motion to reconsider the vote by which It *VAS lost, however, prevailed, and tike motion was laid on the taine. The loilowing (the tiAnieao/ democrats being In Italics) is * the \ote. , AiTpr,I<,Y' J!al,cockt Badger, \??tcji eller, H'ummthal, Prewer, Clapp, dorke. rei>e*0*rt< Crawford, I'avuWn. !> '*??, Fllwi, rort, tO;re. CI Inert, H'nj". Hrionck, Herring, II luirUis, .1 it. IQIlvrr lloiteil. J'lrnht, Keenedr. K nettle-, Marhin, Marcv' McQueen, Moore, AorUm. Ondyke. P.-ll, J'ertcomi. I'rhtr.e! Ktce, Ko-e, Pi,-in, Speaker, Swain, sylvester, van r'ott. V> "hi*, Walker, He'd, West, Wlialen, A. Wight, N. A. While, Vcorrnm, Young?M, Nivs?M?wra Ahhotf, llaltr, Blylln, Blaekle, n7, K. Ym Brown, I. H. Brown, Burrilt, cnrp*,,ter?,Cl*arp, Vi-g. f;e.?h*il, Co-tell", ('imfhmMn, ? ran.lalj, C\r?imi-v*, lo nni*nn, Jk>mhnr. lilting. Fish, roote, Ford, Fowler, Fiirbcck, 11, .r... Ir .1 ll HOI.., Ilnl i,l/.r I JUmlatJd. Lincoln. Lynde, Manloy, Vudtrr, Nice, OnMey. O'Brien. Persons, Philips, rbilpot, Pti-rson Knv FUynor, Mnrht, Si hoonmafcer. Smith, buvdaui. Tefft, fa Tuw rtscTvJ, Van lP'mark. A L. Van Pu.-on, \\. J. V.iii Diifttn, Van Valke.nf*nrah% VeUter, Watt, Well*. ABflK..iT?>!e.s5rs? ftM/"', Hiiik Ify, hurn*,<ainp**U, Cm'nuc, Co'tk, Dexter. Atii'v* llemlee, It HI, John*m, La. wU, Me(iiiirts Patterson, sirr'ler. Sfnrart% Tot>ey, Wortn?IK. T i! K HEN ATE. Among the bills Introduced In tlio Senate to-dar wan one by Senator Welsmaun incorporating Abraham s. Hewitt and a unmber of other New Yerk gentlemen Into ihe "International Trust, Loan and Investment Company of the United States,' under which impressive cognomen these gentlemen wish to do a little real estate and cemmission business. Senator narrower introduced a bill to amend the Militia law by compelling enlisted men to serve seven years, except in cuses of disability, and to relieve commissioned officers nam jury duty alone, and not from taxation. TIIK (JUKAT UlSCfFSIOW OP TIT* DAT, however, was on the following resolution, Introduced by senator Lord, oi Hocliesrcr, seme weeks fiuo, and yriucU^e culled up lor consideration to NEW Y< day. This noble Lord, of Kocnester, la a true and unterrified democrat, and in ins heavy, sledgehaminer way, deals many a crushing blow at the republican representatives arouud him. On the present occasion tie republicans were coaler than on Tuesday, when JoUusou warmed them on the Tweed question. They attempted to laugh the noble Lord down, aud to battier him by points oi order, at first, but alt such little affairs were as nothing to ruin. Like injunctions againt Erie during Flak's day, they were not allowed to interfere with legitimate business. lie stood to his speech as calmly as a pilot at his wheel in t&ir weather against questions of order from the opposition, aud never flinched, eveu when Governor Kobinsou inertly decided him to he out of order entirely, lie w as determined to be heard, and as the hour of dinner whs neariug Senators saw finally that they would get through sooner if they let this determined Lord have his own way. the following is the resolution. Whereas the late Congress, in the last hour of Its session, passed a law increasing the salary ot the President Irom t-'S.'W to $50,1X0 a year, and the salaries of memhers of Congress from $3,000 to $7,300 a year, and made it anplicaMc to their term of two years which had just expired, thereby enabling each member to take front the Treasury the sum ot $5.iXM In addition to the salary provided by law, under winch their services were rendered; therefore, Resolved (if the Assembly concur). That this Legislature, iu the name of the people of the whole State, denounce the said act as a corrupt outrage upon the rights ot the people now overburdened with grinding nfia oppressive taxation, a gross abuse of public trust and a violation of decency aid integrity. Resolved, That our Representative* in Congress be and they are hereby requested, and our Senators Instructed, to use their best efforts to procure the prompt repeul or said law at the first opportunity that may be offered. softening it down. Uanafna Wswx/lirs maim.l ?a nmnntl lav ofplbtn/p #l?f UCUBKUI T? VA/MIU lliu? IV UIIIVIIU UJ vu? the part relative to the lTeBldent and his salary, which was carried by the following vote, the names or the democrats and liberal republicans being italicised Yeas?Adams, Baker, Benedict, Bowcn, Dickinson, Lewis, bowery. McGowan, Sun hy. Palmer, Perry, Robertson, WlnsUw, D. P. Wood and woodin -15. Navs?Allen, Cbaifleld, lurk, Poster, Jiarroirer, Johiuom, Lurd, Sancaty and 9. AMENDED AND ADOPTED. St I Rtir D. 1'. Wood then moved to strike out the tvor f'gi inding and oppressive," "and a violation of decency and Integrity," which was also carried by a stnct party vote. The resolution, as ttius amended, was adopted without a dissenting voice. In the Senate to-uiglit the bill to establish A MUNICIPAL COURT In the city of New York In place of the Marine Court was discussed in the Committee of the Whole. Senator Woodin favored it as doing away witli a long array of useless clerks and hangers-on, and substituting an economical court that may be kept aloof from the Intluence of politics by the reason of the Judge being appointed Instead of elected. Senators Welsmanu and Ttcm&un opposed it, the latter on the ground that it was putting one devil out aud seven devils in. Finally, as Senator O'Brien was absent and bad desired to bo heard on the question the bill was progressed. TUB MEMORY OP THE OR EAT. The bill naming Kobert R. Livingston as the second distinguished iuun of whom a statue had been presented to the Capito! at Washington was discussed at some length, Senator Palmer proposing to 8ubltitute the name of General Philip Schuyler. Benedict championed Livingston, and calling r?n4llv utinii lila mpmnrv. rponnnfori tlio hiwforv of that distinguished revolutionary hero. Mr. James Wood suggested the name of Ueneral James A. Wadswortn, one of the political brigadiers of the late outbreak, but it was voted down. Senator Woodin named Professor Morse, but it was also lest. Senator Lewis suggested the name or "Red Jacket," which was carried by a viva voce vote, but on the suggestion of Senator Henedlct that "Red Jacket" was not a citizen of the United States the vote was reconsidered and lost. The motion of Senator Palmer to insert the name of General Schuyler was thereupon carried, but on a reconsideration the name of Livingston was reinserted and thus remains. The bill was progressed. EXEMPTION OF BONDS AND MOKTOAdES. The question of exempting bonds and mortgages from taxation was the "special order" attraction in the Lower House this evening. The discussion was a very interesting one, Messrs. Jacobs A Voorhls being the most prominent advocates of the exempt idea. Mr. Voorhis made a vigorous speech In ADVOCACY OF T11E MEAStTllB. Ronds and mortgages, he suid, should be exempt front taxation, lor the following reasonsFirst, because within five years the additional taxable property, by way of Improvements upon real estate, would equal the amount of exempted mortgages. To ilflhtrate:?The personal property assessed was $447,000,000 in round numbers. Now, to ascertain what amount of that 1b assessed as bonds and mortgages we must ascertain how much personal property we can And aside from bonds and mortgages. He then went on:?I give the following as an approximate estimate, say $1X2,059,000 National Uauk capital; surplus, 41,636,000; State banks, $16,999,000; surplus, $9,003,900; Arc and murine tnsurunce capital, $26,000,000; gas companies. $10,000,000. All this la taxed as individual property. The railroad personal property Is rated at |47,ooo,ooo; express companies, $17,000,000; transportation and navigation companies, $32,500,000. The miscellaneous property taxable, as estimated In 1808, was $37,000,000. The abovo estimates were all made In 1808, except the nailottal and State banks' capitals, which are take. ?,*rom the Hank Department. It Is proper to add to the above estimates, made in lees, thirty per cent tor incruw in nve years. This will give us a sum total of $385,000,000, which, deducted trom the $447,ooo,ooo personal tax for last year, leaves us a bulance of $02,000,000, which we assume to be bonds and mortgages now taxable. If this amount is exempted from taxation It would add to the tax on a farm assessed at $5,000 about four dollars and flity cents. Now by exempting bonds and mortgages the amount of extra capital within live years would be more than $?2,ooo,ooo. The advantage would bo threefold:?First, the Improvement of real estate; second, the employment ef mechanical labor; and, third, the money left in the State for other busl.ness purposes. But let us come to the merits of the case and I assert that there Is 110property In a bond and mortgage; that. In fact, the property Is In the real estate alone. Let me Illustrate. A CASK IN POINT. I purchased a house nad lot In Westchester county for $5,ono and held It for about four years. A trlcnd of mine occupied It with an agreement to purchase at the price first named. Now, during the four years that I held It by deed my friend paid me Interest on the $5,ooo and paid the tax. but I was not taxed on my deed. About two years ago I deeded the property to my Irlend for $5,ooo, and I received a bond aud mortgage lor the whole amount, since which time my friend has paid tax on the property anil I havo paid tax on the mortgage. Now, why should I pay tax on the mortgage and not on the deed? In both cases the only proper.ty represented were the house and lot. The deed is not property, neither Is the mortgage. If the one pays tax so should the other, for I held the property In both cases. The case is plain; there Is but $3,ooo wortli of property and yet my friend Is taxed and 1 am also taxed, making us nay on ten thousand where there la but live; aud this principle will hold good in every case where mortgages are held. Therefore I reassert that we must in Justice either exempt mortgages or we must at once tax every man's deeo as well as his real estate, for property is held as much by tie one Instrument as the other. If we deternlne that there Is property In the mortgage we must surely b.v the same reasoning determine that there Is property in the deed. Consequently if ve ditermlne to tax cither we must be just and tat both. TUB BIM. DEFEATED. A vote to amtlrui the operation of the law to certain counties and not to the whole Mate was taken on the ilosc of the discussion, and was lost by a vo.e of 4> to "3. The final vote on the passage of the bill resilted as follows:? run VOTE. T*a??Abliolt, Alhrrgi'r. Bcobo, Biilin, Black!*, Hlr-siiig. Blunttlthal, Burn*, Campbell, Clapp, Clark, Cochue, Cook.'orui ll, Crary, Cummin^a, Pecriair. Di unlston, Oonohii, Fort, H.iycs, Heucock. Healey, UrrriiiK, lIluuInN, J. B. Hihyrr, llii-icd. Jacob*, Marc v. Norton, Ouklay, Opdyfe, rrll, Pierann, Prince, Roche, Ryan, Smith, Kuydiiti^vnn VuiKi-uhiirgli. Vnorhlet, Watt, Weed, rt i f*i, niiaicn.nir"!. ? oon "worin? n ays?Me-wr.- Hsbcook, Hadfar, Hstolirller, Brewer, E. E. Brown, J H. Brown, Bulkier, Burrltt, Carpenter, Cotigeshall, Ope, Coetello, I'mirlimnn. t r.mdell. Crnw. foril, Davidsot hltinx. Huh, Klinn, Foote, Ford Fowler, Kitrlieck, Her, (Jllln-rt, Uom Crilfln, Manly, tlsrdrc, llerrirk, 1111 Uf. ft. Miller. llolllstcr, Johnson. Kcnaedy, Knettlea, l.ndfUld. L< wli, Lincoln, Lynde, MacKIn, Marler, Mofitrc, Moore, Mo-her, O'Brien, Pleraon, Phillip*, Pnllpol, 'nrtvOlM, Kjiy, Rsynnr, RIcc, Rose, flrlioonmaker, Snytfr, Speaker. Stewart, swain, Sylvester, Tertt, Tohey,roait>kln?, Townnetid, Van Deniark, A L. Ynnriuiteii, W J. Vsndusen, Vcddir, Walker, Well*, K. A. White, Yonrans and Yiunx?78. Au attemt wiih made to have the1 vote reconsidered, hutt w is voted dewu. So the hlil Is now tleaUer tharn door nail. KKI Til avenue It A11. ROAD PARKS. Mr. DeeriTt endeavored tins evening to tret Mte bill compclhR the Eighth Avenue Railroad company to chato six rents fare only to Munhattnu' villa lustid of eight cents recommitted to the Hilroad Committee; hut lie not a severe dverhatillng all round, and his little game was defeated. He said that hw centitaenta were In favor'of the hill. The poor lahorei who tvork on the Ueulevards, who Have to paylve rents fare from any street helow J'llty-nlnth treet to Fifty-ninth street and Ovo cents cx'ralor even a block above that, hate an iinn*rest in n? um. ni iwvu ?ii tr?*- |?u??r peopio j who are ollped to (ravel over the line Mr. ^ (leering'* t?der/olieita?de ior the company's wclluro looks nner suspicions. TIIE HIT IWVtSTKiATINO COMMITTEE. MV. WrlRt) of Westrtesrer, a "Clear-headed and thoroughly iprlght member of the Assembly, has been appintod a member of the Kile In vestige tltf Committee instead of Mr. opdyk/;, win in a letter to the speaker to-day, asks to withdraw itua the committor on the (rroundthat a tnembei o' the law Arm he is connected vth had been emptored as one of/the counsel In te case. Mr. Opdyiie In this matter has shown tt good swnse by not following the .example of exjpeaker Snsith, who ln*t y. nr thoweO his dlsinte'itedness on the triequestion by en- I gaging In nkters as a lawyer he hud to act upon ! aa a leglslat*. ?AKE Cir ARK., NEARLY DESTROYED. ! CtMCINKATI, OHIO, March 20, 1S73. ! Av^Patf*0 ths Chronicle state# that Lake 1 City.N^Itlcotiounty. Arkansas, was partial'y de. | stroved hvalnoendiary fire on the J4th Inst. Six I s ores, thie flt Office and twenty ftwellinc* were t consumed. ?ss over $40,uoo, on which there Is I very intle iflraace. i % 3RK HERALD, FRIDAY, 1 THE CITY CHARTER. Tlio Senate Committee's Amendments. Tho Board of Assistant Aldermen Retained. THE APPOINTING POWER. The Real Patronage Vested in the Mayor and the Presidents of the Two Aldermanic Boards. The amendments made hy the Senate Committee on Cities to the New York charter passed by the Assembly refer principally to the retention or the Board of Assistant Aldermen and to the appointing power. They are as follows Article 1 of the Assembly bill Is made to read as foilowB ABT1CLC II. Hacrtos 2.?The legislative powers of the said corporation .hull continue to be vested ill u Hoard of Aldermen nil Hoard ol Assistant Aldermen, who together shall lorui tbe Common Council ot the city of New York. S*o. 3.?The Rourd Of Aldermen shall consist ol OftMB member*, to be elected upon a general take! iruiu the city at large. hxc. 4.?The Board of A Militant Aldrrmem shall consist of one Assistant Alderman to he elected lu each Assembly district . Hac. 6.?Such Aldermen and Aniatant Aldermen shall bo elected as hereinafter provided. Sac. d.?The Board of Aldernieu now In oflM shall hold office until the expiration ol the term lor which they were elected, on the tlrst Monday of January, which will tie la the year lf<75; and the Board ol Assistant Aldermen aliall hold office until the expiration of the term lor which they were elected, on the nrst Monday in January, which will he iu the year 1174. There ahull be Aldermen elected at the general rlccllon to bo held In the city and county of New York In November, lt<74, and every two yearn thereafter, at the general election in November of aueh year, who ahall take office at noon on the tlrst Monday in January in the year following their elcctiotx There shah he Assistant Aldermen elected at the general election to ho held iu the city and county or New York in No\euibcr, le73, and annually at every succeeding general election, who shall take office at noon on the first Monday of Jan uary in each ano every year following their election. In case a vacancy ahull occur in either the Board of Aldermen or the Board ol Assistant Aldermen It shall he tilled by the Board in which such vacancy shall arise by a vote of a majority of all tbe mouthers elected to said Bourd, and the person so chosen to till any such vacancy shall serve until the llrst day ot January at BOOB next succeediug the next general election succeeding tho occurrence ot a vacancy, und if uny person shall have been so appointed an Alderman there shall at such an election bo an Alderman elected to serve tor the remainder ot the unexpired term. Hut in no cane shall auy person appointed as above provided serve alter the expiration ot the term in which the vacancy shall occur. All the provisions of law reluting to general elections in the citv ot New York, so lar as they are applicable in respect to the manner of conducting elections and the canvass and estimate ol votes, shall apply to every election for Aldermen and Assistant Aldermen, save that so much of section 4 of chapter 675 of the Laws of 1872 as in any manner requires the names of the persons designated tor Aldermen to bo on a separutc ballot to be endorsed "City, No. A," or be dopositcd in box number six, is hereby repealed. Sue. 7.?The Boards shall moet In separate chambers, and a majority of each shall constitute a quorum, but tlie Comptroller, the Commissioner ol Public Works, the Corporation Counsel and the 1'resUlcnt ol each department shall bo entitled to seats In eacli Board, and shall have the right to particmnte in the discussions ol each Hoard, but in nowise shall be considered as members of either Board, aad shall not have the- right to vote iu either Board. Sec. 8.?Each Board shall:? 1. Choose a president from its own members by a call ot the names ol the members of the Board, upon which call each member shall announce his choice, and, when once chosen, ho can be removed before the expiration of his term as Alderman or Assistant Alderman only by a vote taken by n call of yeas and nays, ot tour-fifths of all the members of the Board of which he shull have been chosen President; provided, however, that the. person who at the time of the organization ot the existing Board of Aldermen was chosen President of said Board, an.l the person who at or about the time of the organization ot the existing Board of Assistant Aldermen was chosen President of said Board, shall each ol thein hold the office of President of the Board ol which he was so chosen President uuiil the expiration of the term ol office for which respectively tncy were elected an Alderman and Assistant Alderman. 2. Appoint a clerk and other officers. 8. Determine the rules ol its own proceedings. A Be the judge of the elections, returns and qualifications of Its own members; subject, however, to the review olany Court of competent jurisdiction. 5. Keep a Journal of its proceedings. 6. 8it with open doors. 7. Have the authority to compel the attendance of abwnt members and to punish its members for disorderly behavior, anil to expel any member with the concurrence ol two-thirds of the members elected to the Board; but no Alderman or Assistant Alderman shall sit or act as a magistrate in any judicial matter or proceeding. The remaining section* of article 11 are attended no as to refer to the two Boards of the Common Council, Instead of to the Board of Aldermen alone. The leaning of any real estate or franchise belonging to the city, as well as any ordinance or resolution Involving the expenditure of money or the laying of an assessment, is made to require a threefourths vote of all the members elected to each Board. The aggregate amount of salaries paid by the Board of Assistant Aldermen. Including the salary of the Clerk, Is limited to il6,ooo a year. The Comptroller Is required to deposit bound copies of the City Record in the offices of the Register of Records, County Clerk and Clerk of the Common Council, and copies of the contents, or any part thereof, certified by the Register, are to be received In judicial proceedings as prima facie evidence of the contents thereof. THK APPOINTING POWER. Section 27 (late section 25) is as follows:? Bsc. 27.?'The Mayor shall nominate to the Board ol Aldermen the headset' nil department* and all cotnntlssinner* (save Commissioners of l'uhlic Instruction), aa well as all members of any board or commission authorised to superintend the erectian or repair ot anv hnildma helonpinji to or to bo paid for by the City, whether named in any law or appointed by any local authority, and also all members ot any other locul board, and all other oHirers not elected by the people whose appointment is not in this net excepted or otherwise provided lor. It the Board ot Aldermen, within live days front the day ot the date ot the uoiniuutioa to theut by the Mayor ol any person or persons to fill aay office or offices which by tlil? act the Mayor shall be empowered to nominate a person or pir-ons tor, shall confirm any such nomination, trie person so in minated shall lie appointed to till the office for wliicu he shall have been so nominated and rontfrtned. But tin* time iii this act designated. to nominate 10 the Board of AJdermen a person or Dorsons t? ail nj ofBoo or offices which by this art tie hall lie empowered to nominate a person or peraona lor, or whenever tlie Board of Aldermen shull aot within five days from the day ot the data of the nomination h.v the Mayor of any person or pei sons ua herein provided, confirm such nomination or nominations oy a vote of n majority of all the members elected to raid Board of Aldermen, the Slaver, the President of the Hoard ot Alderman and the President ot the Board of Assistant Aldermen shall, within three days thercalter. meet loftclher at a lime and place to lie designated and agreed upon by ut least a minority ol said three persons and at such time mid place (anil (ram day to day and on each duy thereafter until the office or offices for w hich any person or persons shall have la en nominated hv the Mayor and not confirmed by the Board of Aldermen, or lor which the Mayor shall ha ve (ailed or refused to make a nomination shall have been filled by tin in as herein provided) shall by a vote 01 n majority of the said three person* proceed to name, drslgaule and appoint a person or persons to All the office or offices to which a nomination or nominations shall as herein provided have been made hy the Mayor and not continued by the Board of Aldermen or to which the Mayor shall have tailed or re I used to make a nomination. But no appointment shall at any time be made under the provisions ot this act by the said Mayor, the President ot the Bo.trd ot Aldermen and the President of the Board of Assistant Aldermen, unless nil the snpi three persons shall i tie ut the lime In ntteudaace and present; pro wiled, how ever, that It at any time *11 one ot the said three per sons shall be absent Irom au.v meeting held tor the purpose of mskltiK any appointment or appointments, a written tiotiee. stating tlie hour and place of nn etiae for the next preceding three days and signed hy a majority ol the sutd three persons, shall be per-onally served upon the person who shall have so been absent, or left at his usual place ol residence, and if any such person shall therentter be lisent irom the nit ctlags so designated lor a period ol twoo> -aid designated days consecutively. It shall I*; lawiul (or the two of said three person- w Ito shall, oil th< said third designated dav, be present at any such designated meeting to proceed to malic any and all appointments which, hy the provisions of tbis act. a majority of said 'hrce person- are herein AUthort/.cd 10 make. Every heed of department and per pon in mis Kcuon minaeu, rxrcpi h nornn PUii rw i-c provided, shall hold lit? office lor the term 01 Mx yearn and In eaoli rase until person la duly appointed In his place. I ii ti m of office 01 nil such heads ot department r I jx-r-ona other thnti those first appolnled shall cottiu e on tli? 1st drvof February, but the headsot depniTment* and persons tlrst appointed after the passage of this act shall, except as herein otherwise expressly provided, be npi ointed for two, four and six years resoeciively. Hi, persona ilrst appointed shrfll lake office on the expiration of flic terms of office of the preseat ittetitnhente, ss hereinafter Provided, and shall hold their oltici s until the 1st dav of February, in the * ear In which It t- herein provided that their respective terms shall expire. All iiomifinban* to any otllcu or ollices widen by thin act the Mayor is authorized or empowe.red to nominate a person or persons for In place ol any present Incumbent or Incumbents, shall be made to the Hoard ot Aldermen within twenty days alter the passage of this act, and any such nomination or nomination* to fill any vacancy which shall litres Her occur by reason of the expiration of the term ot otllco ot any ftl< er, or frotn any other cause, and which shall not l.e created by anything in this act providing tor the termination ot the term of ofTiee of at.y officer or person 11, ?v In uittre, shall he made to the Hoard ol Aldermen within twenty days frotn the dav 01 the date of anv sueh vacancv, stid any person who shall be appointed to fill anv sncb vacancy shall hold his office for (he unexpired lei in of his predecessor. Ths Mayor mar he removed Irom office by the Oovernor In the same manner ss sherlita, except IhHt he (torerncrmav direct the Inquiry provided bv law to he candti, ted bv the Attorney General and atterelinr. es hive tieen received bv the Oovernor he niav. pending the investigation. snap' nd the Mayor for a period tiotexceeilUif thirty days. The head- of departments, and all other pareons w ho?e appointment Is In una section provided For. .may he removed by tne Mayor at pleasure, subiect, however, hetore such removal shall tnke effect, to the spprirvnl of the Oovernor, expressed in wilting. The MavwVhall, in all eases, communicate to tin-Oovernor, in is ritJUiir. his reaw lis tor such removal. Whenever a retnossi,I' so effected the May ,r sliail, upon the demand s( the ' ttW'er so removed, make a public statement of the re.isoi .- tharcior. No officer so removed shall be again ipnoloteo in 'he same office dona, the same term of afllce. Ill nrtirl# 8, "of the T.aw Dcrifrtnicnf," there la added to feVtieii 40 (section a* of the As*emoly nil) the iol)f?wlnif "The counsel ra the Corporalien shall ?4jice In six months report tcr the Conip toiler the nanM's of parties to and thtf objects of kil suits pending 10 Uis department, wbm com KARCH 21, 1873.?TRIFLE menccd and the number decided or ended, and In wnat manner, during the punt six months." In article 7, "of the Police Department," In section 09 (section 07 of the Assembly bill) the Inspector of Street Cleaning is required to "tile with the Comptroller, quarterly, a statement under oath showing the numficr of persons, and at what rate of salary and compensation, that were employed during each day of the preceding quarter, and to keep and preserve regu'ar pay rolls, which shall be open to reasonable public Inspection." The number of surgeons of police are Increased from eight to twenty-two, one of whom is to be designated as "Chief surgeon." In article 8, "of the Department of Public Works," the Mayor and Comptroller are united with the Commissioner of Public Works iu the duty of making contracts with gas companies for lighting the city, and such ceutiacts are limited to one year. The approval ol the Mayor, Comptroller ami Chief Engineer of the Crotou Aqueduct Is required as to the description or water meters to be used lu places where water Is lumiahed i#r business Consumption. Iu artlclo u, "of the Department of Public Charities and Correction," the anti-sectarian appropriation section Is limited to reliqlous or denomina uonai sellouts, rne worus r iubuiumuiih" uciuk stricken out, thus leaving the question of aid to charitable institutions, such as hospitals, asylums, Ac., an open one. In article 10, "of the Fire Department," it Is provided that any funds collected from subordinates shall be deposited in a trust fund to be created and called "the Firemen's Life Insurance Fund." In article 11, "of the Health Department," the clause empowering the Board of Health to prescribe the manner In which the Coroners shall perform their dnties is stricken out. The Board la empowered to appoint an attorney at o salary not exceeding $2,600 a year. Article is. "of the Department of Buildings," is altered to the following shape:? Psc. ad?'There shall be a department called the Department ol Buildings, which shall be under the control of a board of three persons, who shall be known as the "Commissioner!) or Buildings," one of whom, at least, shall bo an architect or practical builder of skill and experience. The Commissioners shall appoint us the chief executive officer of the Department ? person who shall hove been tor at least ten years an architect or builder, who shall be known as theSurveyor of Buildings." Sic. #1.?Whenever, in uay act, the words "Department for the Survey and Inspection of Buildings" or "Surveyor of Buildings" shall occur, applicable to tho City ol New York, (lie same shall be takeu to mean the Department of Buildings and the Superintendent of Building herein authorized. 1he Deputy Superintendent referred to in suld HCt or acts shall bo taken to uienn tho "Deputy Surveyor." All discretionary powers by said act or acta now conferred upon the superintendent of Buildings shall be exercised by the Surveyor or Deputy Surveyors, subject to llie approval of said Commissioners of Buildings. Tho alterations under the General Provisions aro matBly as follows;? It la made a misdemeanor when any public oltlror, by gross or culpable ueglect uf duty, allows any ol the public property to be lost to the city. Any ortloer receiving any foes, perquisites, commissions or percentages, or grunting any licenses, is required to make a weekly detailed return under oath, lu such form as the Comptroller shall proscribe, stating when and from whom and for what such moneys were received. The bribery section is made more stringent by verbal amendments, it is made a misdemeanor to give auy consideration for appointment or employment under the city government. me commissioners or Accounts are to De tne President of the Department of Taxes and Assessments, and two persons appointed by the Mayor. The two appointed Conrnlsslomers are to receive salaries not exceeding three thousand dollars each. Any Ave citizens who are taxpayers are authorized to apply lor the summary examination of a public ottlcer before the Supreme Court. The Corporation Counsel and the Commissioner of Public Works' are united with the Mayor In appointment ol a person to supervise the preparation and pnbllcatlon of tho city record uud In llxlng the compensation. The city advertising, to be published In the English city Journals, Is to be given to "two morning and two evening papers published In the English language," Instead of to the four dally papers having the largest circulation. In contructs, ten per cent Is to be withheld until the completion ol the contract, Instead of twenty per cent. The clause providing against the laying of any patented pavement or the purchase ol auv patented article, except under soch circumstances that there can be a lair and reasonable opportunity for competition, Is stricken out. Alterations are made In the following salaries:? Mayor, $l'2,ooo Instead 01 $15,ooo. Comptroller. $lo,oou Instead of fl'J.ooo. President of Police Hoard, $8,000 Instead Of $9,000. Other Commissioners of Police, $u,000 instead of $0,500. President of Park Department, $e,500 Instead of $7,500. Fire Commissioners, other than President, $6,000 Instead of t n.ooo. President or Charities and Corrections, $0,500 Insteud ol $7,500. pj esideut of Health Department, $6,500 instead Of $7,500. President of Board of Aldermen, $5,000 Instead of $6,000. i irsmeii; 01 ueparimeui ui iaxes ami corrections, $<t,?00 instead of $7,.'>00. President of the Department of Docks, $0,500, listead of $7,600. surveyor of liuildlngs, $4,000. commissioners of Huiklings ether than the Trcsldent, $2,000; aid President, $3,oo?. The salary of the superintendent of Tollee 1b limited ao as not to exceed f 10,000. The clause formlmr a commission to frame charter amendments Is stricken out. The term of office ol the present officials Is ended on May l, 1S73. The ordinances of the Common Conncll In force April 1 are continued, subject to umeudmcnt, <juulHicatlon or repeal. IMPORTANT ARMY ORDERS. ? Washington, D. C., March 20, 1S73. The following General Order wus Issued Irom the War Department to-day:? No. 32?The practice whtch has prevailed to considerable extent of army officers vnltlag and remaining at the seat oi government during sessions otX'ongrcss, with the view of Influencing legislation upon military aitulrs concerning the whole army, and which have been or can he brought properly to the uttcn tlon of Congress only fry the President, Secretary of War or the General of the Army, has become a serious evil, highly detrimental to the public service and disrespectful to authority. Such union op the part of urmv officers not only consumes. but Is a task upon the time oi members of Congress, causing them embarrassment and hiuderlng necessary legislation, of which they justly complain, and Injures the army In public opinion. The advantages. If any. to ihc Individual cannot counteract the disadvantage le the service. It Is therefore ordered that ao officer, either active or retlrod, shall directly or indirectly, w ithout being called upen by the proper authority, solicit, suggest or recommend action by meoibers of congress lor or against military affairs. The foregoing is not Intended to preclude officers from Illustrating or expounding a measure before Congress which amy have received the favor or sanction of the President, Secretary of War or t.eneral of the Army. The experience of otlleerH, when so used, Is and will be viewed as valuable. .second?All petitions to Congress by officers relative to subjects of a Military character will be forwarded through the General of the Army ami Secretary or War lor their action and transmittal. Third? An officer visiting the seat ol government dining a congressional session will, upon his arrival, register his name at the Adjutant General's office, as now required, und, In addition to his address, a letter to the Adjutant General of the Army, reciting the purpose of and time that will pe embraced In his visit, and the authority under which he Is absent irotn his command or station. The purpose or object so ....... - ..... ...V >??,. Italic U1 IUI Uliivui UUIIU# IiIh stay. By order of the Secretary of War, K. D. T0WN8KND, Adjutant Ueueral. Major 0. E. Bakcoek, Corps of Engineers, has been ordered to proceed to cope Ann, Mass., on public business, aad upon the completion of the earn" will return to this city; Mo'or Lewis Merrill, Seventh cavalry, has been granted one year's leave of absence; Dust Captain David White has been ordered to duty In the Department ol tlio Platte. NAVAL ORDELa lieutenant Charles Belknap, ordered to tho Hyrirograpc.c Otllce, Washington: Lieutenant Commander Francis ?[. Bhepurd, from the I'ensacola Navy Yard and placed on waiting orders; Lieutenant Commander Charles Hadley, from the naval station at League Island and placed on waiting orders; Lieutenant II. McKeene, from the Boston Navy Yard and placed on wnttIn,* rtrrlnPu T V l? ? f ...? uiTTiii'-uaiii u. i. luuiiitiu, iruiit the Vermont to the Juniata; Masters Louis R. < hcstsr. from the naval station at Leane island; \V. P. Korant, from tho Pawnee; Medical Directors Lewis U. Hunter, from the Naval Asylum at Philadelphia, ard William Jabnson and George Maulshy, iroin duty as members of the Retiring Heard, and placed on waiting orders; Pav Director Robert i'c ttit, from the Naval Asylum at Philadelphia, on the 1st of April, and ordered to settle accounts and wait orders; Pay Director K. II. Clark, ordered to the Naval Asylum at Philadelphia. 8 ALT LAKE. Salt Lake Citt, March, 20, 1<C3. The wife of Tnlted States Senator Logan left hero to-day far the East with the remains of her lather, captain Cunningham. There was a ruu this morning 01 the First National Dank and much excitement In conseijucacc, hut all the demands were promptly paid, nnd heioro the closing of the concern public confidence In Its solvency was fullv restored, tne hank having, it was understood, a cash surplus of neutly $100,000. Letters from parties in London express much concern In regard to the management of mining property In l.tah owned hy them. It Is stated that the English capitalists sre losing confidence, not In the intrinsic value of the mines, but on account of the Miarp speculative practices of parties interested la this Territory. SHEET. WASHINGTON. [ Washikotos. March 20, 1872. The Caldwell Cam wan resumed to-day lu the Senate. The debate was opened by Hamilton, from Maryland, who denied the legality of Morton's resolution, but favored the expulsion of Caldwell. lie Improved the opportunity by quotations (rem the history of ancient Rome, in which lie found a parallel case to that of Oakes Ames. After him Coukllug drew forth his thunderbolts of ^aw and rhetoric and blazed away with unabated glow for two hours longer lu defence of the Kansas corruptlouist. Tilt Between (onkllng wild Hchurz. After Conklltig had talked about two hours today, in continuation of his three hours' speech of yesterday, he imagined that none was listening to him except the presiding odlcer, and so rehashed a story of Hrother Harlan's that Sehurz would not spean in inc lust campaign unless ue wu? yuuiuuteed $200 per night. It bo happened, however, that Schurz heard him and at once Bailed In, bringing on a yard arm contest In wnlcb tne word "liar" was freely used In plain Anglo-Saxon. Hon. ConkUng, finding that he was getting the worst of It, said that he did not Intend to allude to Schurz, and Schurz giving a parting rap or two desisted. Coakllng will hardly ever go out of his way again to attack Schurz. The Senate Tired of Talking?Appointments To Be Made. "Partridges everyday" are not good eating, and the Senatots are getting tired of hearing the stale old constitutional arguments which are being advanced In the Caldwell case. They are to meet to-morrow at half-past ten, und they will not consume many days taore. Caldwell's scat will not be declared vacant?neither will he be expelled. Some important foreign appointments arc determined upon, but will not be made until alter the Senate has udjourucd. one or two, it presented now, would cause a deal of gabble, and might bo voted down. Confirmations of the Senate, The Senate, In executive session to-day, confirmed tho following nominations:? Thomas A. Spence, or Maryland, to bo Assistant Attorney General Tor the Post Olllce Department; J. 1). Webster, Assistant I'niteU States Treasurer at Chicago; Samuel II. Elbert, Governor or Colorado; Joseph S. l'almer, Chief Justice of tho Supreme Court of New Mexico; Jacob ?. Bore man, Associate Justice of the Supreme Court of Utah; E. A. Thomas, Associate Justice of the Supreme Court of Wyoming; U. S. Johnson, Asssoclate Justice of the Supremo Court of New Mexico; J. W. Barker, Adolnh Hall, Daulel Smith, William Stickney, J. W. Thompson, Joshua Riley and S. M. Golden, to be members of the Council of the Legislative Assembly of tho District of Columbia. Unite rt States Marsha Is? George Smith, for tho Western district of Missouri; William E. Parker, Eastern district of Texus. United States Attorneys?Cyrus J. Scofleld, for Kansas; Anthony Higgles, for Delaware; It/chard c. Badger, for tne Eastern district of North Carolina. < onmits?Eugene Gillespie, of San Josfc and Cape St. Lucas; A. Thompson, of St. Ktienio. Collectors of Internal Revenue.?J. Henry Revcs, for the Fifth district of Virginia; D. S. Lewis, Ninth district of Virginia: Ed. 11. Smith, Third district of Virginia; John H. Duvall. lor the First district of West Virginia: C. 11. Harris, for the Fourth dls trlc.t or North Carolina; C. B. GlbHon. for Oregon, vice Wilson Howlby, removed; Ilenry llarnden, for the Second district of Wisconsin; o. P. Johnson, lor the Second district of Kentucky; Richard H. Whiting, Fifth district of Illinois; Illram Haggles, Fourth district of Maine; Edward Scull, Sixteenth district of Pennsylvania ; William K. sapp, Thirteenth district of Ohio; Robert M. Pond, Third district 01 Maryland; Alexis Cope, Sixteenth district of Ohio; Robert H. Hathoru, Filth district of New Jersey; John H. Buvrows, Eighteenth district of Pennsylvania. Collectors of Custom*?John H. Palley, at Portsmouth, N. II.; A.J. Murat, at Apulachicola, Fla.; John T. Collins, Brunswick, Oa.: Washington Booth, Baltimore, Md., In place of John L. Thomas. Suva I Officer? Adam E. King, at Baltimore, Md. Miscellaneous? A. D. Thotnas, Pension Agent at Little Rock, Ark.; A. J. Simmons, Indian Agent of Milk ltlver Agency, Montana; Hiram Latham, surveyor General lor Wyoming; B. F. Campbell, Register of Laud Onicc at Vermillion, Duknta; Chief Engineer W. W. Woods to be Chief ot Bureau Steam Engineering in the Navy Department; Second Assistant Engineer John L. Hannum to be First Assistant Engineer; retired Second Assistant Engineer Absolom Klrby, to be Second Assistant engineer on the active list of the navy. Nominations by the President. The President sent the following nominations to the Senate to-day:? Washington Booth, to he Collector of Customs at Baltimore, Md.; Adain E. King, to be Naval Oltlcer at Baltimore, Md.; John B. Pillow, to he Surveyor of Customs at Portsmouth, N. EL: Selueius Garfield, to be Collector of Customs at Puget Sound, Washington Territory. collectors of Internal Revenue? C. L. Harris, for the Fourth district of North Carolina; E. H. Smltn, for the Third dlstilct of Virginia. Benjamin F. Green, William J. L. Nicodcmna, William W. Heudrlcksou and Edward S. Hohleu to ' lie professors ol mathematics in the nuvy; Augustus G. Tassin t<> be second lieutenant in the Twelfth Infantry; Mrs. Ella Watson to lie Postmaster at .tellere6u City, Mo. The Ntw York Central to be Pressed for the Tax. Collector IJailey, of the Albany district, had an interview with Commissioner Douglass to-day upon the subject of his seizure ol the personal property of the New York Central Kallroad Company on account of the scrip dividend tux due the government by the road. The Commissioner Instructs the Collector to pursue the course he luts taken until enough property is seized and said to bring to the government the entire amount of claims due. The Secretary of War on a Tour of Inspection. Secretary Ilelknap leaves here next Thursday for Chicago, where he will he Joined by General Stierl dan, and together they will iuspcct the military posts sf the Department of tho Missouri, especially in Texas. The Secretary will be absent for four or six weeks, and during his absence General Sherman will be Acting Secretary of War. The Montana War Claims. Major George Dell, Depot Commissary at Washington, has been selected as the disbursing ortlcer to pay the Montana Indian wur claims under the lato act of Congress. President Grant's Summer Trips. If the President does not go to California soon lie intends to visit Eastern New England iuJuly, bringing up at Augusta, Me. Treasury Statement. Legal t?uder notes outstanding to-day. $357,831,812 internal KoVenue receipts to-day z,v>o Treasury Balances. Tne balances In the Treasury of the United States at the close of business to-day were Currency $1,R64,3J? Special deposit of h'iral tenders lor the redemption olcertitlcatesof deposit.... 29,220,000 Coin ?7,fll a, fiou luciudiug coin certificates 24,973, wo THE RIOTOtS STRIKERS. The Missouri Drivers Held In Check by I he Police?Wo Farther DepredationsForty of the Kinglradcr* In Jail. 8t. Lons, v March .0, 1S73. Affairs on the St. Louis, Ka/ ?(<t City and Northern Hall read were more quiet jesterday. A switch was turned and an engine partially run off the track at Lexington Junction last night, but no damage was done. The Sheriff of Kay county, with a jxme, was on the spot ami arrested those engaged in the affair and took them to Richmond jail. There are now nearly one hundred .Metropolitan police in this city and along the line of the mad, who, with the local authorities, arcamply sufficient to guard the trains and property and no further trouble Is apprehended. Passenger trains wi ro started from all termini of the road last night and liuve not Oecn molested. There are still a nunilier of strikers congregated at ht. f diaries, but they aro thoroughly overawed aad kept quiet by the police. The Adjutant General arrived in this city last night, and reports mutters qnlet along the main line. When ut Moberly on Tuesday he gave orders lor Mie organization of a inllitla company, the names or the meu composing It to lie submitted to the railroad company, and if found sattsiactory they will be armed. Grand Ghlef Knglneer Wilson Sad an Interview with the committee of strikers yesterday, nut the result has not transpired. He still maintains, however, that the strike was not justifiable, and will not be sanctioned by the Brotherhood of Engineers. General superintendent Van Home already has about forty engineers and is hourly receiving accessions. He avows a determination to never again employ a brotherhood engineer. No fuither Interruption to travel on the road is sxpet tod, Reports have gained circulation that the strike has extended to other roads in the htate, but they can be traced to no reliable source. About lorty of the strikers and persons engaged In obstructing the road and destroying property and interfering with the trains are now in jail at different points and will be pi executed to the uttcut vi the law. 3 " THE VERMONT CENTRAL. Development* Touching Railroad Management from President Harris?Probable Failure of the Complaint Against the Trustees and Directors of the V. C. and V. and C. Bailroads?Bulings of Chancellor Redfield. St. Ai.bans, Vt., March 20,1873. In the matter of the people of Vermont vs. Th? Trustees and Managers of the Vermont Central and Vermont and Canada Railroad the testimony was taken to day ot Mr. D. L. Harris, President of thai Connecticut River Railroad. He said that tha ordinary expenses of a railroad, In general terms, should embrace, from year to year, an accontft of the depreciation or the stock, if they fail to do this and Anally get a large number of new cars to make np the depreciation the purchase money should not be classed as extraordinary expenses. The constructing and regnlar ballasting of tha track should be classed as ordinary expenses; no, also, should the rebuilding of a pertton of the track. The same rule applies to sleepers and bridges, and this rule is general on railroads. Tr a new station is established or a new branch of track laid this would be the extraordinary govern* meut expense of a road, but a part of the dlapoaU tlon of the lucerne, the same aa Interest and divf^ dends would be. The Court?Suppose a bridge should be swept away or a piece of track washed out, what accost should the oxpense of replacing It be charged to < Mr. Harris?As It Is as liable to occur one year aa In another we always place It to the ordinary e*i pense account. THE RUTLAND TEASE. The qncstlon was here asked of the witness if the Rutland lease was, m his opinion, Judicious fog the control? Objected to and ruled out by the Court. Mr. Hard asked to be heard on that, and he con* tended that It was relative, because the bad inno^ ugemcnt of the receivers was a point directly in* volvcd In the hearing, and the testimony of those acquainted with that kind of.property was nece#? Bary to enabto the Court to determine whether tlioj arc safe men to be Continued lu the control of the property. Chancellor Rerlfleld replied that tho opinion wag altogether too general, and would open the door to the production or a mass of testimony from other witnesses, whose opinion might and might not accord with his, but would be entitled to just aa much weiirht. The witness said that freights at less than $1 2d a car load could not pay any profit to any line be* tween here and Chicago: all the freight rates between lioston anil Chicago return the smallest; possible profit, ii they do not result In a loss; tlia Boston and Albany get about one dollar und thirty cents a car of ten tons; the railroad companies have to pay for the cars, whether full or empty; I never heard until Mr. Mills testified that it waa bolter for the road to haul a car partially loaded than one that is empty; no one run believe it huh himself; the cost of ordinary box cars is abouG eight hundred dollars, and has been lor two or three years past; was absolutely certain thae the rate of car service on the Red, White and Blue line, running west, via Boston and Albany, was a cent and a half a mile; temporary repairs are made on the road when the car is disabled, but permanent repairs, such as replacing parts, painting, Ac., are made by the car companies; our road pays for car service by interchange between the Vermont Central atid I'assumpslc two and a half cents, but other roads have refused to pay it; lor my part I pay to these roads because 1 cannot help ihyscir; with other roads interchanging with us the rate is two cents; about the time Governor Smith took the Rutland lease I discussed it with him somewhat, two or three times; he remarked thut he had -old his associates that they must be prepared tc meet, with some losses for a while, and must not be surprised It foe the first year tne loss was $176,000. STATEMENT 0?" A GENERAL SUPERINTENDENT. 1). W. C. Brown tcatlfed that lie wan Genera* Superintendent of the Ogdensburg and I.ake Champlaln Railroad lor lour or live vea^s before its lease; was invited to attend a meeting at St. AHians bclore the stock In the National Car Company was taken; In reference to getting up such a company Governor Smith urged Mr. I'ratt. our President, and myself, to go into It, and it was proposed to uu that If we would take a certain proportion otielialf the business should no over our roan Instead of via Montreal; Mr. Brydges, of the Grand Trunk, objected to this; Mr. Pratt, by uiy advice, told Governor Smith that he was not authorized by lilfl company to take atock, and that he could do it Individually: kc and I had talked about the Impropriety of doing It individually. THE PRICK OK CAR WIIKKI.S ?A MFFtCnLT QUESTIONS " The counsel here inquired what the price of cat wheels was at a certain lime. [Objected to.l The Court ruled that the receivers were under bonds, and that this matter or car wheels and all other supplies should properly coma up in the aettlcmunfi ol that account. Mr, Hard contended that It wns not proposed tQ go Into an accounting; also that the trustees, with the possible exception of Mr. Clark, are not nmlee bonds; also that If the receivers have been conniving (or their own persoual emolument at the expense of the roan It is unreasonable to compel tln ni to pay back in an action for an ac? counting. \Vo liuve a right to prove that THEY AM violating Til Kill DUTY, and this was to have them stopped right here and to take the account alterward. The original order for tills receivership provides that they shall render their account annually. They have neglected to do It since lmirt. The facts proper to be proved in t ilia liiMiritiir nrn whntiiAr hp nrkfr thou hot*** with themselves to the prejudice of thin trust. This may Involve ft lew figures; so does all the testimony lu the case; tuit It does not. go Into an nos counting at all, and Is one oi the most vital psuitfl whereon the continuance or removal of the receivers should properly turn. tiHOUND FOR REMOVING TRUSTEES. Mr. II. H. Koyce said that when a receiver make# money at the expense el the trust it Is fTOUBd or removal. We now offer to prove this, and are no? allow I simply because 01 a fear tliat It may involve an accouut. It was settled hy this Court ihatl a suit cannot he sent to a master for an accounting until all the questions on the hill and answer? are disposed of. This Is one of our vital questions, and the whole tcstlmoiy oil our side will not tako up twenlv-flve minutes. Mr. Fairfield replied that the Court had virtually decided I hut the inistees have the responsibility for ruining the road, and that the Court will not sit continually on their affairs. The trustees don't claim the rlghl to trade with themselves, and, on accounting, ir there Is anything wrong, the Court will reduce It in a minute. Here Mr. Fairfield Claimed that the complainants had not furnisued specifications so soon as they agreed to, and tu&C the Hpecitleations were not sufficiently definite. TilK TRUSTEES MAY UK CALLED TO ACCOUNT. Oiuncellor Kcdfleld suld that lie cutireiy concurred with Mr. Itoyee that the complainants bad m right to call the trustees 10 the most rigid accountability, but the Court will hold thetn to It in an action lor an accounting. It you can go iuta the matter 01 cur wheels you can inquire as to all other supplies, and this would Involve a thousand inquiries as to I lie quality and prices which tun Chancellor cannot spend the time to inquire Into. Mr. Pavennort moved (or a recess ar half-rasi eleven uiiill the afternoon. In view 01 what had Just fallen i.oin the lips of tlio Court his nresent i>|iinlnfi wait that ne should advise such of ins client* an ?rn here that tlic.v h id mistaken th' lr remedy, *n<l that It would save trine to aoundun tuts proceeding aud MOCKKIt IN SOME OTt'BTl FORM. The Court grunted the motion r*r a recess until the aiterno< n. The counsel for the petitioners made a formal motion for the placing or their petitions on file, so that the matter 01 account might tie settled before masters to lie appointed hy the Court. This Is understood to be a vntual abandonment of the case by the petitioners, so far us the removal ol the trustees is concerned, and is said to have beea effected by a compromise. The Court held the motion under advisement and will decide to-morrow morning. The remainder of the afternoon was occupied by an argument with reference to the payment of the Vermoit and Canada rent. BRAZIL. Movement* of the ( nlted State* Fleets Yellow Fever and Cholera. The United States and Krazll mall steamship Merrlinaclr, vv. Weir, commander, arrived at this port yesterday. She brings dates Irom Rio, Feb< ruary 24, Bahla, 2?th, I'emambuco, 2d, I'ara, 7tft and St. Thomas, 14th of March. Tbn I'nllnd U?n ?ao A,,a? ).A,1 1 #? TV I - iL. *11 A ?uu v im.cw oiiwi ucct nun iuiw ino ior ine turn Platte on account of tkc yellow fever prevailing there. From fifty to seventy cases were reporteif daily. Tlie Port captain, Mr. Atkins, died with the yellow lever February 11. Ilia widow is a pas. sencer. The fever van also reported at Ilahla and PeP? nambuco, but was confined chiefly to the shlppm? At I'ara the cholera was epidemic and very iaial? The American Schoolahlp Mercury. Tlie steamship Merrimack, by way o/Ht. Thoma^j March 14, repot t*:?The American achoolalup Mere enrv, Pferretlirarde, commander, was at St. ThomaAC She had had the yellow fever oil heard, and twtjl deaths atuoiiK the craw were reported. The Comptroller reported yesterday havlnft palif Into the city treasury the amount of {ij.bol o 6 co.lections.

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