Newspaper of The New York Herald, 15 Nisan 1873, Page 7

Newspaper of The New York Herald dated 15 Nisan 1873 Page 7
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THE COURTS. Tlio Carl Vogt Extradition Case. Important Question Affcctingr the Wine Trade of the United States. Suit for the Condemnation of a Distillery. A SPEEDY DIVORCE SUIT. Bnsiness in the Oyer and Terminer and General Sessions. "7 Charles G. Rartlett, second mate of the brig ?neco, was brought before Commissioner Shields yesterday on a charge of deserting from Ills ship. He was held in $500 ball for examination. Frederick Carl Henrlck Goelectie, a sailor, of the Danish brig Sjalluud. was brought before Commis sioner Osborn on a charge of deserting from that vessel. The accused was held to await the action ?f the Danish Consul. In the United stated Circuit Court yesterday lodge Smaliey called the cases on the calendar and fbund that none were ready, lie said that lun pa tience was worn out, and that he found business bad been very loosely oonductad iu that Court, aud he was goiug to stop this thiug. When cases were called if they were not ready judgment would be entered by deiauitor they would be dismissed. An example wad made yesterday for the con Biaeration 01 the horse car thieves by Recorder liackett, in the General Sessions, on the person of Michael Mahoney, which, it is to be hoped, will nave some effect. Mahoney, as was sworn to, seised a gentleman on the front platform of a Third avenue car and witli violence robbed him of bis pocketbook containing (50. Mahoney was par tlcularly unlortunate, inasmuch us a policeman was near and arrested him. Finale? Twenty years at Sing Sing. The Supreme Court, General Term, has adjourned to the 22d Inst. Among the cases on the calendar is that of Stokes on the application for a new trial. Notes of issue lor the May term must be filed on or before Saturday, the 26th inst. Two burglars were tried yesterday before Judge Brady, in the Court of oyer and Terminer. Through a Haw in the indictment one got off easier than he otherwise would, and the other, who pleaded guilty of grand larceny, was sentenced to the Slate Prison. The trial of George Schiefflm, charged with the murder of his wife, will be com menced to-day. UNITED STATES CIRCU1T.C0URT. The Case of Carl Vogt? A Prussian Ex tradition Case. Belore Judge Smaliey. Yesterday, in this Court, Mr. Kintzing, as counscl In the cane of Carl Vogt, whose extradition has been demanded by the government of the German Empire for the alleged'crime of mnrder, on which be has been held for examination by Commissioner White, made an application for a writ of habeas corpus aud certiorari directed to the United states Marshal, asking him to show cause why Vogt is detained in custody. Judge Smaliey said that, as he was ill. he wished * the application might be made either to Judge Blatchlord or Judge Woodruff. The application is based on the ground that, under the Extradition treaty between the German Empire and the United States, there is no legal right to initiate a proceeding for the arrest of a fugitive charged with the crime ol murder in a territory loreign to the Jurisdiction or t lie German Empire. Vogt is charged with committing mur der in Brussels, and lils extradition is sought by the German government under a law which makes a native of Prussia (Vogt being a i'russlau) amenable to the law of Prussia lor a crime com mitted on a loreign territory. Counsel lor the Erisoner contends that this particular law cannot c extended to extradition cases. UNITED STaTES DISTRICT COURT. The Wine Trade? Am Important (Ques tion of Taxation* Before Judge Blatchford. An Important question affecting the manufacture of wine in the United States enme ui* yesterday in this Court. It Is claimed by the government that nnder the act of July 20, 186S, as amended by the act of June u, 1872, domestic champagne is subject to a tax of twenty cents on quart bottles and ten cents on pint bottles when the carbonic acid gas is infused into the wine by artificial process instead of being generated by the natural process of fer mentation. It appear? to have been the object of Congress in its legislation to encourage the manu facture of domestic wines by declaring that all wines made, in the United States from native grapes should be free of duty. Nevertheless, some misunderstanding seems to have arisen upon fie ?object, f?r Mr. J. M. Blum and Mr. L. siegel, native champague dealers and manufacturers in this city, refused to pay the tax in question and submitted to a seizure for the purpose of testing the question whether, under the law, they were obliged to pay the tax alluded to. Yesterday ex-Judge Pierrepont appeared as Counsel for the parties named, and argued that the Internal Revenue Department had no more autho rity to ta.% native champague where the gas was infused into It than they had to tax a man lor pouring champagne down his throat. Mr. Thomas Simons, United States Assistant Dis trict Attorney, was heard, on the other side on the part ot the government. Judge Blatchford took the papers and reserved bis decision, but in the course of some remarks intimated that his vn-ws, as at present advised, were adverse to the position taken by counsel lor the goverument. Action for the Condemnation of a Dis tillery. Yesterday, In the United States District Court, before Judge Blatchford and a jury, the cases of the United States vs. Distillery Property and Real Es tate, seized at the corner of Plrst avenue and Thirty-eighth street, was heard. The suit wad brought lor the condemnation of all the property, on the ground that the proprietors, Yetter i Co., were legal distillers or brandy from fruit, and the government charged that they wore distilling whiskey from molasses. Mr. Luther w. Emerson, counsel for the claimants, contended that there bad lieen no violation of the law. The jury found a vcrdict lor the claimants. SUPREME COURT? CHAMBERS. Applying for a Divorce Daring the Honeymooni Refore Judge Barrett, In December last James II. Whitney was married to Margaret E. Johnson, of Boston. The honey moon had not expired beiore he began proceedings for a divorce, In which he was successtui. The de cree, it appears, was granted on the testimony of her having committed adultery wilii a man at the Parker House, In Boston. Motion was made yes terday to set aside the decree. It was claimed on bcr side that they lived as man and wife alter the proceedings were commenced, of which she knew nothing until afterward, she having been allowed by her tiusbaud to go on a visit to New Orleans, and In her absence the divorce was pro cured. It was urged on his side that he was in veigled into the marriage when drunk. Judge Bar rett took the papers, reserving his decision. Seeking to Recover Money from Counsel. Mary Jane McFarrell claims to have been seduced by Captain Charles A. Marshall, of the packet ship Alexandi-rM. Marshall. She avers lurther that she employed George A. Mott as her lawyer, and gave bun lun power of attorney to settle toe case; that he obtained $^,(K)0 Irom Captain Marshall and that be gave her $500, saying that was all he obtained, anu from this amount exacted $25 as counsel fee. She brings suit to recover $i,->25. Her story is denied by Mr. Mott. The Court, ordered a refer ence to inquire into the facts of the case. Decisions. In the matter of the petition oi Mary Parssell.? Memorandum tor counsel. In the matter or the estate of Rachel Vonder beck.? Petition dismissed and application denied, without costs. Tredweil vs. Pomeroy.? Memorandum for coun sel. Koxley vs. Foxlcy.? Report overruled and judg ment of divorce denied. Hchwarz vs. Schwarz. ? See memorandum. In re. Petition ol Lllen J. Long et al. ? Bill of costs approved and adjusted at the amounts specified therein. Cooper vs. Drucken.? Motion granted, with $10 costs. Bacon vs. Bacon.? Report confirmed and judg ment of divorce granted. In the matter of the application of William Klrch n?r. to comod'Channing to pay money, Ac.? lie port confirmed and motion dented, with $10 coats and all disbursements, including referee's fees. Rosenberg et aL vs. smith.? Motion granted; $10 costs. Gage vs. Thompson et al. ? Report confirmed and order granted. Van Keller vs. Stensberg.? Motion denied. Seymour vs. Uaynor et al.? Report confirmed ami order granted. Vose vs. the Florida Railroad Company et al.? Application to receive an<l hie petition to approve 01 the surety and to grant order lor the removal of the cause denied. Clemens et aL vs. Clemens et al.? Reference ordered to taxe proof. Smith vs. Itritton? Pleadings and proof of service are wanting. In the matter, 4c., of Moser Ehrich.? Report continued and order granted. By Judge Kancher. Vandervoort vs. the Mayor? Motion for man damus to audit the relator'# claims granted. COl'RT CF OYER AND TERMINER. Helped Through an Erroneoai Indict ment. Before Judge Brady. Edward Dent, a young man, was called up for trial yesterday in tbis Court on a charge of bur glary. The indictment set forth that on the 16th of last March the prisoner bijplte into the basement door of the dwelling house 705 Lexington avenue, that tne house belonged to Townsend WandeU, and that Frederick WandeU was in charge of the prem ises at the time. The evidence disclosed that the house was left to Townsend Wandell in trust as executor, and that it was Frederick Morris who was in charge oi the liouso. Mr. William F. Howe, the prisoner's counsel tu staled that owing to the variances in the indictment ami prool there could be 110 conviction. Judge Brady, the tact or the burglary heiug con clusively proven and the idcutiilcaitoii of the prisoner complete, overruled theBO objections, to which Mr. Howe excepted and said that there could be a conviction of burglary in the third de gree. A verdict to this effect was found by the jury without leaving their seats. Mr. Howe re quested a delay in passing sentence to enable him to prepare his exceptions, which he boltcved to be perfectly legal and valid. Judge Brady granted the request, but intimated his belief that no good would conn* oi it to the prisoner. A Mere tfcueatlon o t Time. John Johnson became enamored of a beautiful ormolu clock, valued at $260, the property of Mrs, Aimes, of 77 Clinton place. Having allowed his infatuation to carry him to the extreme of steal ing the clock he, as a very natural sequence, found himself arraigned at the bar of justice. The iudlct ment against liirn was burglary. Mr. Abe 11. Hum mell did his best to rescue hitu from the meshes of the tuw, but after the examination of one witness he prevailed on* the prisoner, as the ouly saving clause in Ills case, to plead guilty of grand larcen.v. ills plea the Court accepted, and he wSS sentenced for live years to state Prison. Cane of Schlcfflin. Thejcaso of George Scheifflln, indicted for the mur der oi his wife, wilt be commenced this morning. SUPERIOR COURT? SENERAL TERM. Decision. , By Judges Rarbonr, Monell and Van Vorst. Mar.v l.iiddington et al. vs. Abraham B. Miller et ai.? Motion to dismiss appeal denied. Opinion by Judges Monell and Barbour. SUPERIOR COURT? SPECIAL TERR!. Decisions. ? Ry Judge Sedgwick. Melius vs. Courteney. ? Motion to set aside sum mons granted, with leave to renew, because the papers do not show the nature of the present action. Order granted. Wllken vs. Crow.? Discontinuance ordered on payment of taxable costs as of day when case was called lor trial, and $250 allowance. 4 Con., p. 562 r. 3 11. s., p. 015, sec. 10; Code, sees. 317, 319. Orderf granted. \ Guuulen vb. Pratt.? Reference ordered. Souder vs. Hotrman.? Order denyipg motion. Simonson vs. simonson.? Reference ordered. Candler, Jr., vs. The Mechanics and Traders' In surance Company.? Order to file security, or in de fault thereof complaint to be dibmissed. Coddington vs. Dunham . ? Order granted. My Judge Van Vorst Henderson vs. ltruce.? Order signed. By Judge Barbour. Smith vs. Smith.? Case settled. MARINE COURT-PART I. A Horse CUse Extraordinary. Before Judge Curtis. Kenny vs. Hamilton.? In this case th^ plaintiff, Dr. Kenny, sued to recover $800 damages for breach of warranty of a horse. He testified that he bought a horse Irom defendant, which the latter warranted sound and kind, aud able to trot In three minutes; that after the horse came into his possession he discovered, as testified to, that he was loundered, had snrunqknees, contracted hoofs, a oiood spavin, a splint, tne epizooty, and, in fact, that ho was mulcted with all tlfu ill': that horse flesh Is heir to, and that instead of tils mile in three minutes t rotting M '*??? 'ime was 4:27 in a gallop. Harry Hamilton, tne defendant, swore that he did not warrant the horse; that he tojd the plaintiff that the horse's hoofs were contracted, and that all of the Winfleld stock had "sprung knees;" that the other complaints of the animal were the result of the overdriving and ill treatment ef the animal alter he came into his possession. Judge Certis charged the jury:? First to find whether there was a warranty or not; If there was, and the jar.y were satisfied that the animal was unsound at the time of the sale, that the plaintiff was entitled to recover the amount paid as a measure of damage. The Jury found lor defendant. RARINE COURT-PART 3. Action on an Advertising Contract. Before Judge Ilowland. Dobson vs. Burtls et al.? In the Fall of 1869 the plaintiff's assignor-, Mr. Izod, entered Into a con tract with the defendants to have four of their advertisements In frames hung on the Jersey City ferryboats for one year for the sum of ftio, which contact was carried out by all parties. Shortly after the expiration of that time lend called again, anil introduced the subject of their continuance for another year, when, he claims, that an agreement wan entered into by which the four trames men tioned, together with four others to be Inrnished by defendants, were to be displayed for the ensu ing year for the ?sum of $100; that he afterwards called lor them when defendants declined to deliver them, and thift he (Izod) carried out the agreement on ins part by displaying the four frames In his possession ami reserving spaces lor the otner four. This suit is brought to recover the $100. Mr. Hurtls denies the agreement sued on, saying that convursatton was had and the price canvassed, but that liv gave no positive order, and that at a later interview ne notified Izod that he would have nothing to do with him, us the company had warned him that no authority to take such advertisements existed; that Izod then agreed to bring him a letter lroiu the company showing that he liaii au thority, but that this was never produced, and that no bill was ever presented to him. Mr. Izod, on being recalled, said that he did show defendant the paper called for. which was the vaca tion of an injunction against him, and testified that he did present a bill, which defendant, refused to accept. Verdict ill favor or plaintiff (or jloo, with Interest. COURT OF GENERAL SESSIONS. Robbery on a Third Av?nne Car? The Highwayman Sent to the State Prison for Twenty Year*. ' Before Recorder Hackett. The first case tried by the jury yesterday was an indictment for robbery In the first degree against Michael Mahoney. It only took a few minutes to ;ry It, the facts being within a small compass. The complainant, Mr. Peter K. Corson, testified that while he was returning home on a Third avenue car. on the evening of the 5th ttst&nt, about half past ten o'clock, the prisoner came on the front platform, seized him by the neck and stole a pocketbook, which contained about fifty dollars. An alarm was given, and, fortunately, Officer Webb was near by, and promptly arrested the prisoner. The jury rendered a verdict of guilty. | Malioney addressed the court, and said that he I did not use violence to Mr. Corson, but admitted that he was guilty of larceny from the person. The Recorder, in passing sentence, observed that he s?*nt Malioney to the Penitentiary last year for larceny. Ife was sentenced to the State Prison for twenty years upon this conviction for robbery. Ctrand Larceny. Mary Randall was tried and convicted of steal ing t'M from Charles Zlpp, at a disreputable house in the Howery, on the 4th Inst., and was sent to the State Prison for two years. Aequlttala. .lames t^iiinn and William Lansing (boys) were acquitted of a charge of grand larceny. They took an express wagon, belonging to John Schliemaun, on the 34th of March, which wag standing opposite a store in Broadway, and were driving off wjth it when its owner caught and arrested them. The defendants proved by respectable witnesses that they were engaged ny a gentleman In a store to take a package to the Long Hranch boat, and, haviinr established their good character, the Jtirv rendered a verdict oi not guilty without leaving their seats. Michael Connolly was also found not guilty of grand larceny, the allegation being that on the night oi the 'Jlst or lieceuiber last he stole $51 from James .Shields while Shields and his brother wero engaged iu a wrestling match. Mr. Mott defended the accused and showed a stale of (acta which con vinced the Jury that Ills client was innocent. Assault and Battery. Joseph McDermott, wh<r was indicted for stab bing Michael Kehoe on the 9tn of February last with a knife, pleaded guiltr to assault and battery, lie was sent to the Penitentiary for one year. Forgery. William P. Under alias George B. Savage, against whom were three charges, pleaded guilty to forgery in the third degree. The complaint alleged that on the 19th of April, 1870, the prisoner went into the place of business of William Mills, No. T Warren street, and procured $70 upon a draft made payable to Thomas H. Hate A Co., whic h was afterward found out to be a forgery. Butler was sent to the state I'rison for Ave years. JEFFERSON MARKET POLICE COURT. A Zealous Cltlaen In Dlfficalty. A man named Crump Ormsby was arraigned be fore Justice Led with at the JetTorson Market l'ollee Court yesterday, on a Charge of disorderly con duct. The complainaut was a respectable gentle man named William Maxwell, who has an office at 009 Broudway. Ormsby, who claimed to be a ' "semi-official," seemed to have been in search of the publishers of obscene literature or other violators of the law in mailing the same. He met a little girl in the employ of Mr. Maxwell coming down the stairs at the place mentioned with a bundle, which he insisted on opening uud examining, and when Mr. Maxwell catne out and interfered Crmsby sent out for an officer and had him arrcstod. In the court room he refused to explain his action or give his authority, and the Justice held him to bail in the sura 1500 i?r good behavior. An Aggravated Assault and Battery. Patrick Wood, a denizen of "the rocks," was charged with assault and battery on Michael Bowen, throwing him down and so beating him on the head with a Stone that he was taken to the hospital in a dangerous condition. Patrick was committed without bail to answer. COURT CALENDARS?THIS DAY. Supreme Court? Circuit? Part l? Held by Judge Fancher.? Nos. 879X, 4^. 1015, 923, 979, 78?, 101 1 13 S. 47, 109, 909, 1821, 2497, 833, 826, 029, 1395, 1382, 21145, 23*t9. Part 2? Held bv Judge Davis.? Nos. 2182, 2223, 980, 14, 442, 852, 912, 'JIM, 1008, 1080, 1017, 1618, 1019, 552, C68>? 1130, 592>a, 1102, 428, 2254. ? Supreme court? chambers? Held by Judge Bar rett.? Nos. 47, 80, 87, 147, 14H, 149, 162, 163, 160, 1H4, 187, 198, 201, 203, 204, 215, 217, 218, 223, 224, 228. Call 236. SrPERtoR Court? Triai. Term? Part 1? Held by Judge Freedman.? Nos. 2' 39, 2029, 2049, 339,2103, 1503, 2431. 2059, -'003, 2081, 1521, 2027, 2087, 860, 2125, 2126, 2127, 2128, 2161. Part 2? Held bv Judge Cur tis.? Nos. 2026, 314, 50, 1680, 1648, 2410, 1710, 1716, 1118, 1720, 1740, 1742, 1744, 1748. lV'.O, 1762, 1754, 1758, liOO, 1762, 1706, 17701 1730, 1788. Court op Common Pleas? Eqtity Term? Held by Judge Kobinsou.? Nos. 66, 67, 30, 63, 57, 59, 02, 09, 22, 24, 29, 44, 46, 40, 61, 65, 68, 60, 60. court of Common Pli:as? Thi vl Term? Part 1? Held by Judge Dalv.? Nos. 2921, 612, 613, 1599, 1032, 1352, 1961, 1852, 2496, 1ST. 1964, 322, 40, 1949, 686. Part 2 ? Held by Judge Lurreinore. ? Nos. 1769, 2035, 17t50, 2085, 2U94. 2096, 2090, 2097, 2098, 2100, 2101, 2102, 2105, 2106, 2107. Marine court? Tiuai. Tkhm? Part 1? Held by Judge Curtis.? Nos. 688, 1879, 1914, 1918, 1902, 1618, 1078, 1 7 54, 1766, 676, 1826, 1004, 1622, 1906, 2286, 1630, 1830, lfllo. Part 2 ? Held by Judge Spaulding.? Nos. 2198, 1874. 1 TO, 1697, 442, 1393, 1769, 1811, 1855, 1826, 1921, 1923, 1925, 1927, 1929, 802. Part 3? Held bv Judge Huviland Nos. 2266, 1491, 2183, 1804, 1740, 2279, 2322, 2268, 1839, 2234, 2055. BROOKLYN COURTS. SUPR2IME COURT-SPECIAL TERM. liurettr Mrytrg lie leased. Beiore Judge Tappen. Mrs. Lucettc Meyers, alias Armstrong, the Im prisoned witness in the Goodrich case, was yester day taken before Judge Tappcn, in the Supreme Court, and released on her own recognisance. District Attorney Britton said that when the Court llxed the amount or the prisoner's bail at $1,000 it was presumed that there would be a rush ol people to become security. It was a fact, however, that not one person had oitercd to furnish bail for her, and nnder these circumstances and In view of the r fact that the authorities were of the opinisn that the ends of iustice no longer required her deten tion, Mr. Kiitton moved that she be released on her own recognizance. Judge Tappen directed that an order to that, effect be entered, and Mrs. Meyers was subsequently released. (^uettlon of the Legality of an Assess ment. Before Judge ITatt. The Court of Appeals several years since decided that an assessment in the matter of the opening of Prospect avenue (Middle street), on certain lots not fronting on the street, was Improper, there being an intervening lot between the street and the property in question. Yesterday Joseph H. Sawyer* moved that the assessment on one of his lots on that street be vacated, on the ground that the map used for assessment purposes showed that this lot did not touch the street. It appeared, however, that he owned the intermediate lots, and Assistant Cor poration Counsel Jesse Johnson argued that this being the case all of his property had been pn perly construed as adjoining the street. The Court sus tained Mr. Johnson, and the motion to vacate the assessment was denied. It would appear from this ruling that the decision of the Appellate Court ap ? plies only to cases where the party docs not own property to the street. COURT OF SESSIONS. Convicting a Check Swindler. Before Judge Moore and Associate JustlccB. On the 28th of January last James Burgess, alias Primrose, entered the Mechanics' Bank and prof fered a check for $600 purporting to have been made by Samuel Henderson, a Myrtle avenue business man, and asked to have it cashed. The cashier suspected something wrong, and said that he would send down to Mr. Henderson, with whom he is per sonally acquainted, and see if the check was all right. While the messenger was nbsent Bur gess slipped out. Inquiry of Mr. Henderson re vealed the lact that Lliat gentleman had made no such check as the one presented, but he stated that Burgess had, by fa;se pretences, previously obtained irom him a check lor $1*. Burgess had altered the aiuouut of the check to $rtoo. lie was subsequently arrested, and, when pro duced In the Justice's Court, it was discovered that he had rid himself of his beard. Notwithstanding the change in his personal appearance lie was lull v identified, and yesterday a jnry in the Court of Sessions con victed. him of forgery in the third degree. He was remanded lor sentence. An alleged accomplice In the fraud was arrested and held lor trial. While awaiting trial they at tempted to escape from the Raymond street Jail, but were dscovered anil removed to a safer quarter of the building. The wife ol each are also held on the charge of aiding them in their elfort to escape. BROOKLYN COURT CALENDAR. W'ITT COrRT.? NOS. 24, 231, 174, 72, 151, 2/iO, 5, 86, 134, 189, 100, lor., 110, 112, 113, 114, 1111,117, 118, 119, 120, 121, 122, 123, 125, 12fi, 128, 130, 131, 132. SUPREME COURT CALENDAR. Rochester, N. Y? April 14, 1873. The fallowing is the calendar lor the r.eneral Term of the Snprcme Court lor Tuesday. April 16:? Nos. 81, 82, 84, 85, 88, 89, 98, 99, luO, 102, 103, 100, 111, 112, 113, 116. UNITED STATES SUPREME COURT. An Important Opinion Affecting the Rights of States? The New Orleans Slaughter House Monopoly Sustained Against the Butchers? Dissenting Opinions* Washington, D. C., April 14, 1873. The following opinion was delivered In the Su preme Court te-day :? Butchcrs' Benevolent Asso ciation vs. Crescent city Live Stock Lauding and Slaughter House Company? Error to the Supreme Court or Louisiana, and two other cases. ? In these cases It is complalucd that ,the Incorporation of the Landing and Slaughter House Company by the Legislature .of the State, giving It the privilege of erecting an exclusive landing lor live stock and a slaughter house for the whole clt , of New Orleans, in which all butchers must do their slaughtering on such terms as shall be prescribed by the company, was a re-establishment In all its essential qualities ? of slavery, forever abolished by the thirteenth amendment, . and a violation of the fourteenth amendment, which provides as follows:? "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states; nor shall any State deprive any person of lite, liberty or prosperity without due pro cess of law; nor deny to any person within its jurisdiction the equal protection of the laws." It revives slavery, it is said, by making all the people of New Orleans who are engaged as but chcrs, or may wish to engage as such, tne servants oi' tire seventeen corporators of the company, who are the dominants, and placing tbem and their business ai the mercy of these seventeen men. It is a violation of the fourteenth amendment, U > is urged, because it deprives the butchcrs of the city ol the use oi the slaughter houses, and other prop erty which they have employed In tlutt business, ami of the business itself, which ih given over as a monopoly, unlesH they will go to ttie monopoly for the privilege of continuing it. The court below hold that as the charter ol the company was for the

purpose of protecting the health ol the city, the object was within the lawful scope of legislation, and that, as the operations of the company were to be under certain preacrilted restrictions, and for the benefit of the city, there was a j sufficient consideration for the grant or , privileges and the charter wan valid. It is here bold to be the right and duty of the Legislature, the supreme power of the State, or of the munici- j pailty to tlx the location where the business of i slaughtering for a great city may be done, and 1 { that to do this effectually It is necessary that all I persons who slaughter animals shall do it iu these I places and nowhere else. The law in this case does not preveut the butchers lroiu I doing their own slaughtering. Ou the contrary the computiy cannot, under heavy penalties, prevent i any person troiu slaughtering in their houses, and ? it Is bound to make ample provision lor the conve nience of all. The wisdom of the monopoly granted ; may be questioned, but there is no justification lor 1 the assertion that the butchers are deprived of the | right to prosecute their occupations or the people or i their dally service of food. The power exercised Is in its eccentric nature one which has been, up to the present period in the constitutional history of the country, always considered 10 belong to the state. 1 pon it depends the security of social order, the lile and path <>f the citizen, the comfort ol an existence in a thickly populated community, the enjoyment ol private life and the beneficial rise ol property. It extends to the protection of ' the lives, health, couilort and quiet of all persons, and to tho protection of all property within the State. The regulation of tbe'businens of slaugh tering animal* within a city, and the Inspection of the animals to be killed lor meat, and of the meat afterward, are among the most necessary and fre quent exercises ol this power, and the exclusive authority oi the state Legislature over this subject is well settled. The answer to the objections raised under the thirteenth amendment is that personal servitude is there meant, as plainly indicated by the word "involun tary." In respect of the claim under the four teenth amendment it is said that the first clause of the first scetiou of that amendment was primarily designed to establish the citi zenship of the negro race born in the I United 8tates, and the second article to I give an authoritative definition of clti/.enshlp of the United States and of citizenship ot the sev eral States. This clause recognizes and establishes ! citizenship oi a State and citizenship ol the United i States as different things and defined by different i characteristics, it is the privileges and Imniuni- ' ties ol citizens of the United States which ure pro tected bv this clause ol the fourteenth amend- : ment from hostile action of the States I ami not the privileges and immunities o( citizens of the several states. These latter are defined by : Justice Washington, in CSorfleld vs. Cay oil, and by this Court, in Wood vs. Maryland. In a manner to embrace nearly all fundamental civil rights, for the establishment and protection of which organized society is instituted. The privileges and Immuni ties oi cltizeus ol the United States, some of wtucli are enumerated, are distinct from citizens 0! the ? States, and it is those privileges and Immunities which are by this clause of the amendment placed under the .protection of the federal government. If plaintiffs in error have any privileges and im munities inlrlnged by the defendants' charier, which is not conceded, they are such as depend on citizenship of the I lilted States, and are not within the protection oi that clause of ; the fourteenth amendment, nor does that charter deprive plaintiffs ot property without due process oi law, nor deny them the equal protection of the laws, within the meaning ol the lourteenth amend ment, Mr. Justice Field read the dissenting opinion on behalf of the Chief Justice, Justices Swayne, lirad ley and himself maintaining that the right to , "follow any ordinary pursuit or avocation oi life , wiib not given by the law. but by | the Almighty, aim is merely recognized and pro- ; tected by law; that the Legislature ol the State of | Louisiana lias no more right to put all the slaugh tering of nearly twelve hundred square miles oi densely populated territory Into the hands of the few corporators or this company than It had to put all the ovens or a large city Into the hands of a privileges few; and holding that, the charter is unconstitutional and void. Justices swayne and Bradley also read separate opinions. THE HIXDRKD REFORMERS OF KINK COUNTY* Sixteen of the hundred rciormcrs got together in tlxe Dft'octora' Rooms at the Brouklyu Academy of Music lust night and held a meeting. Mr. Franklin Woodruff presided over their delibera tion^ which wcrt^ not altogethei harmonious. Mr. (Jeorge, from the Legislative Committee, stated that he had got a copy ef the bills relating to Brooklyn. They were referred to the Legisla tive Committee. Mr. Huntkh Inquired what had become of the original charter that had been sent to Albany V The Huudred's charter haH been so buried by amendment, that, the committcc are unable to recognize it. Mr. s* mi hi. McLkan said he had a report to make upou the charter, but did not propose to make It in "fkslon. A mod An was made to go into executive session. The motion was opposed by Colonel Davis and other members of the committee. Mr. Davis said be waa desirous of having sQ the light possible upon this iubjeet and was ready to expose these three-headed commissions which were robbing the tax payers. The motion to go into executive session was lost. Colonel Davis then e tiered the following pre amble and resolutions:? Whereas the negotiations between the Legislative Committee of this body unit the Assembly at Albany bus resulted iu changing our charter in such a manner ns to destroy its most valuable features, and purticularlv to retain the obnoxious provisions retaining three beads to several departments; therefore, be It KesolvM, That all the efforts of this association be di rected u> securing the passage by the Legislature oi the charter originally adopted by this association. Kesolvea, Tbst no nieniber of tliis a.vocuitloii be autho rl/.? d t? propose any amendment u> said charter, except Upon ills individual responsibility. Resolved, That all commissions and heads of depart ments consisting of three members ought to be immedi ately abolished by the Legislature, and each department com milted to one responsible heat These resolutions were referred to the Legisla tive Committee without debate. Mr. McLean attempted to suppress the resolutions, but was unable to do so. Colonel Davis assailed him as lie pocketed the resolutions, mid demanded a copy. Mr. McLean grew very red in the face and emphatically reinsert to reproduce the copy. A war of words ensued, during which the re porters, who had taken a copy of the resolutions us they were read by the secretary, quietly lelt the room. The encounter between Mc Lean and Davis was highly relished by othei mem bers of the committee, who gathered around the disputants, ready to prevent auy exhibition of the manly. BROOKLYN COMMON COUNCIL. A communication was received from the Board of City Works, at the regular weekly session ef the Common Council yesterday, in relation to the Brooklyn gas companies, it is stated that the Nas sau, People's and Brooklyn companies have agreed to a deduction of Ofty per cent of the amount charged against them for unlighted lamps. The companies contend that mafly ol the lamps fur nlslied by the city are very poor, and that the wind extinguishes the lights. It Is suggested that an inspector of street lamps be appointed, at a salary of J 1,200. The matter was laid over lor one week. A motion to appoint lleary V. Dlckcvers as Sa per visor of the Eighth ward, In place of Michael Foley resigned, was laid over for one week. The Corporation Counsel was instructed to make a demand on the Kxclse Commissioners lor $12,132, which amount la alleged to have been unlawiully retained by them from the time of their appoint ment to April, 1*71. The sum of $loo per year was voted to Hart Brothers for winding and taking care of the City liuli clock. THE M'DERMOTT HOMICIDE. There were no new developments in the brutal wife murder recorded in the Herald yesterday. The murderer is still confined in the Reception Hospital tfn Ninety-ninth street, in charge of a policeman. Although Ins wounds, Inflicted in an abortive attempt to commit suicide, are severe they are not dangerous, and he will probably be transferred to the City Prison In a lew days. He sent for Captain Klllalea yesterday afternoon, but the Interview was not of any Importance, no new iacts having lieen divulged which have not already been published. No time' has yet been fixed by Coroner llerrman for holding the Inquest. Ryan, the alleged paramour of the murdered wonan, was ?on yesterday brought before Coroner llerrman and held in )l,ooo ball to appear as witness when calico upon. _____ WORK OF THE CORONERS. On Snnday night Frank Sherry, living at 20? West sixteenth street, took into his roem from the street an unknown woman, about thlrty-flvo years of age, and she died there before morning. The cause of death will be determined by Deputy Coroner Marsh, wh? Is to make a post-mortem ex amination on the body. Corouer Young has the case in charge. The body of an unknown man, thirty-five years of aire, was yesterday morning found floating In the dock loot of wtanton street, by otneer Walker, of the Eleventh precinct, anil sent to the Morgue. An Inquest will be held by Coroner Young, who was notified. Patrick McCowan, a married man, forty years of age, and a native ol Ireland, died In Kcllevue Hos pital, from the effects ef injuries received on the 10th instant, by jumping from a fourth atory win dow of premises nor, West Nineteenth street, to the sidewalk. Coroner llerrman will bold an inquest in Uie cue* J MUNICIPAL MATTERS. BOABD OF ALDERMEN. Important Communication from the Mayor a* to Street Pairing and A?mm ments? Confirmation mf the B*el?e Commiuionen-Hemotal of the Ju dicial District Court. A meeting of tlie above Beard was held yester day, President Vancc In the chair. Tbe chamber was rather profusely draped with mourning eat of respect to the memory of the late Alderman Uil sey. THE FOURTH JUDICIAL DISTRICT COURT. Alderman Cooi'KR moved "ttiat the premises on the northeast corner of Hecond avenue and First street be desiunated as a place lor holding the above Courts and the Justice and clerks were di rected to occupy these premises on and after the 1st day of May, and that they remove from the premi ses at present occupied." The resolution was adopted. I CHURCH PROPERTY ASSESSMENTS REBATED. Alderman Van Schaick moved that the Coinp ' troller bo requested to report to the Board a de 1 tailed statement of all assessments on church or I other property which have been vacated, remitted or cancelled by him from the 1st day of January, 1872. Adopted. REBATE OK TAXES. Alderman Van Schaick moved that the Comp troller be requested to Inform the Hoard whether 1 any rebate oi interest on taxes on real or personal 1 estates has been made by mm during the years IH7'J I and 1S73, and, it such rebateiuent nas been tuadc, ' to report a detailed statement to this Board. | Adopted. COMMUNICATION from the mayor. I The following communication as to street paving ! and assessments, iroui the Mayor, was read by the I A Hill L 14, iff/3. TO TIIK IIO.NOKABLK TUB COMMON COUNCIL Ot TIIK ClTV Of I Nkw York: ? . . . . .. .. I deem it uiy duly to call your special attention to the ' enclosed communication, addressed to me by tlie Comp troller. ax it einl'oolos the views ot that olllcer upon oOO I ot the worst ..( the leaks ol our City Treaiury. M v own experience in the matter Of assessment* aud recent dis closures lully warrant me In saying that notwithstand ing the check wlueh tlie late governmental banditti have received, they still llml herein a rieli harvest ot irauils w hich in the sgjrregatu area heavy load upon our ul read v ovur-burdi'iicil tux payors, uuu tho manner in which the Common Council see proper to authorize local improvements though sanctioned by the precedent un<1" tree trom all suspieion ol wrong on your part, offers nevertheless, as the Comptroller's coin muuicatioii show-, nil easy and ready excuse to set aside the assessments inlliateil and imposed in the accustomed tashion. The Comptroller Is no doubt right In interring t tin t the laws winch authorize assessments are loosely drawn and oiler too niunv taeiiities lor Interested parties through tin' agency ot Sharif lawyers to relieve them selves trom their just burden* and saddle them upou tho taxpayers generally: still i. may well be doubted whether the evils from which tho public thus sutler are attributable so much to the laxitv ol the laws as to the lnconipetene v, corruption and inattention to technical details ol those charged with their administration. I lear ii is too late lo invite legislation tor relief m the direc tion pointed to by the Comptroller during the n resent session, so it would be well were your honorable body voluntarily to adopt measures which would diminish a recourse to the courts', tor the evading ot assessments. II Mm were to make it u rule ol your body not to authorize unv local Improvements unless a minority ot the owners wlio? will tiave to pay the assessment in amount am] milliliter petition tor the same*, I iluuK it is sate to predict that hereafter our courts would he comparatively tree Iroui litigation in this matter. Munv ot the assessments which In recent years have been levied Upon property owners have been im posed and levied against their most earnest and vehe ment remonstrances, and were in some cases so unequit able iu themselves that even well meaning and law abiding Citizens were willing to aid in throwing Ironitlwlr shoulders tlie burdens thus tolsted upon them. 1 he man ner in which favoritism conferred specutl advantages, as illustrated by a recent publication und diagram, otters smne justification lor the resort for legal relict trom what fmiueuily amounted to a confiscation ot property. A careful study ot the estimates and assessiiWnts tor the past lew years will very clearly demonstrate that when the City I'rcusury was to be depleted 1 our city rulers and their next friends (lid not divide oil party into*. It may be objected to the course I recom mend, that the majority ol the property owners on tho I line ol any irropo-ed improvement may not sign sach a petition, although there may be an imperative necessity 1 for the improvement 1 have yet to learn, alter some I experience with those of our citizens who own unim proved ana improved city property, that their scll-iiiler I est Is so inert that It is not to be trusted to do the neces sary thing to make an improvement which will behctl ciiuly a l tec t their property. The thing they will not do Is prematurely to netltioa the Common Council, and it Is well they should not. Mauy ol the local im provements are instigated by real estate spec ulators. who buy on a margin In the hope ot giving a momentary fictitious value to lots which for the purposes of tlie city's wants lor hiibitations mav unt he required tor a generation. Against such im provements and their consequent assessments substantial holders ot real estate would set their faces. In any event tlie city in such a case would not bo burdened with the cost ol the Improvement, but such improvement when made bv and with the consent of a maiority ot the owners would if the expense were equitably assessed, ri tnnin in all probability where It should rest, a sell-imposed bur den tor a more compensative than benefit to the own ers ot the property in the locality atlected. The remedy i have suggested or some one equally effective, ought to lie at ouce provided lor by you. Tnls iraud upon the pub lic of proceedings with local improvements nominally at the expense of the parlies whose properties are benefited while really the benefit Is secured to them at the expense of the city at large, should lie prevented, and I hope tho subject will receive your early a tt^n lion .{ A^ou y E R Alderman Van Schaick, in connection with the above, moved "that the Comptroller inform the Board whether there has been any applications or proceedings since 1*7:! to vueato any assessment of pavement ordered v ince that time." Adopted. The documents were referred to the Committee on l.aw. on the motion of Alderman ottendoriTer, and were ordered to be printed in document form, and 600 copies printed. quarterly report of the comptroller. The quarterly report of the Comptroller was ordered to b<* printed in a document form and 600 copies to lie printed. The contract to be awarded to the lowest bidder. the system ami cost ok city contracts. The Comptroller submitted a statement in refer ence to the contracts deposited and registered iu the Comptroller's oillce during the year 1872. The pavments during 1872 were as follows:? first? uu work payable in whole or in part from Assess ments, the means being derived trouUissue ol assessment lMivahie from taxation, $1,1SS,732. Third ? On work, the mean* lor which are derived from issue of city stocks or bonds on aceouut ot permanent d The Attention of the Ronril was also called to the great number of coutracls for paving, regulating, sewering and otherwise improving the streets now in progress, tor the navmentof which It will he requisite to provide a large amount of money by tlu- Issue of bonds In anticipation ol the collection of assessments upon such work. The amount ol bonds outstanding on the .list of Decem ber 1H72 represents (lie advances to contractor# and to others who maybe classed as follows:? Amount in ad va nee to contractors and others on works now In prog ress and for which assessment* are not yet continued, ? (i7fi ; amount in advance to contractor* and others on'wo'rk for which assessments have been confirmed, I *Vakini? into consideration this large debt incsrrcd for the benefit of property owners, u portion ol the above amount as shown being represented ,by assessments paid and open for collection, and in many cases due lor a number ol years, it is respectfully sug gested that new works ot this kind hereafter undertaken should be such ss are necessary and called ' lor by owners ot property having to pav tor them. II the nronerty owners respond promptly to the requirements fit the city and discharge their assessments the 'ax pay ers at large will thus hi relieved irom the burden ol pro viding a large amount annually lor Interest accruing upon bonds and for enormous sums for vacatcd assess ments. The report was ordered to be printed Id docu ment form, fiOU copies, anu laid over. THE ELM STREET ARnKNAL. The report of the Committee on Public Works was adapted requesting the Commissioner of Pub lic Works to have the arsenal building, corner of White and Kim streets, properly repaired without THE NfNTn JUDICIAL DISTRICT COURT. Alderman cooper submitted a report from the I aw Committee and resolution recommending that the Clerk be authorized ami directed to execute a lease on behall of the city for premises situated on north side of I2.sth street, between Third ami Fourth avenues, belonging to Messrs. Biodgett, for the use ol the Ninth District Court and Hftli Police Court, for a term of ten years, from May 1, 1873, at the rent ol t'J.ooo. The rent paid for the present Courts, and which lease was made by W. M. 1 weed, was *10 uoo per annum. Accompanying the report was a letter from the Corporation Counsel, stating that the lease was fraudulently entered Into, lite reso lution wits adopted. TIIK SIXTH JUDICIAL DISTRICT COURT. A resolution was passed ordering the execution of the lease of 3H?>? and 391 Fourth avenue for a ncrtod of five years, from the 1st of May, 1878, at t'l fioo per anuum, lor the Sixth Judicial District Court, being a saving of $2,&oo per annum. the excise commissioners. The lollowing Excise Commissioners, appointed bv the Mayor, came up for confirmation:- James I Stewart. 32') Fast Fifteenth street: Daniel T. Marshall, 167 Fast Thirty-fourth street, and John , B. Voorhls. No. 4 Bethune street. Alderman OTTRNDOHPFER said that he had no doubt that the three gentlemen nominated by the Mayor wore honest and capable men, and he had no doubt they were agreeable to the majority of II Alderman Kehr objected to the the ground that there was net a German UtUen a,Ah|1erman CoorF.R earnestly suppor ted the nomi nation and objected to the question of nationality arAldeffrraas Monhrimer moved that tho question ' ' ' T ids 'w a " l o s t " and "on ' rotlT'the confirmation was made; the following five A'jJ^en voUnjjlB the negative: ? Alclernien Kocli, Kilir, Kiiey, rian U'fne HoarU^adpiurned to Thursday next at three o'clock. _____ COMPTBOLLER'S BEGEIPTS. Comptroller flreen retorts the following amounts yesterday into the city treasury RrciivKB or taIes. From taxes and Interest H.724 COI.L1CTOH or SSSKSSBKSTS. From street openings and Improvements and inter *0,717 suaaau or arrkak*.' From arrears of taxes, assessments, Croton rent* ami interest 9,oo7 si HuAr or city RBvaima. From market rents and lees, Ac ,w Total, ,$36,1*7 THE VEG&O WOT II LOflSIiRA. Colfax Grant Parish in Pofkeuion of th? Negroes- A Reign of Terror? The White* Arming for Resistance. icvatii the New Orleans Republican, April lo,j T^smimboats John V. Moore auu La Belle brlnfc ??me lnteSence of the riot at Collax In Oranl SfonOay Tin J WofflceK B^rthaMhey'saVa Hss&SS g&SEarSsssfS sh2riff^t PlnevlRo. At Alexandria were a body of abSut" hundred armed I men, who were Ko?j t? Colfax to attack ^hejlowrs. The?e men a ?Ak.VVtUwith them They also took iro.u the l)ur(ee take it nv ltn viicm* * . f v i?;irrcis of ilovir# eleven casks of bacon and twenty tl.e rloteri j wen-' shorting all who remaed to^oln^them. Moor0> made aSanding aVuUo below &*[**' "ft near h la | the woods since Tuesday of ast week that ina | house had been seized by the rlotera ana ne obliged to get away. At Dolla: _.itS,i ??,.,? SIIq hailed by a woman. Mr. calhoun ' l,| riV(lla was a teacher, trom New Orleans, in a private tainily. On reaching Wnevllle the Utile was boarded by armed men from Alexandria, who took Mr. (ialhoun oir with them. Tney told him i no ha'? would come to htm 11 he was innocent, a* he ?ald iu> wiis of creating the riot, lie was searched, and a 'letter found on lum from Representative Ward to Governor Kellogg, recltioK ^ the . existing disturbance and asking for assistance. The Hello was obliged to come down and icu^e Mr Calhoun In their hands, and It Is leared he wilt suffer violence. The cause of the riot seems to be duplicate commissioning of the parish officers. Governor Kellogg had, at the Instigation ol Rut land and others, coiuriHssioned Nasti sheriff, and or ho raw ho i ail on the Fusion ticket. Home of those on JJilfl ticket were of -the party why are ihiiwe lwTh having burued the house of Judge riiillins and murdered Recorder White September 9 811 Mr Ward represented these facts to r. ?r Kellora who thereupon issued Governor Keiiogir, u thc clected repuh ^.HSsLSa r-srrs r'Ti't" ffiSS* ^nVow'tK, "S?"i rSS ?" w?,Won onl.? ???< >?* PH^^th^Fuslon^cand'ldate for sheriff, are leading to ?K?t; 'Va^ ^ ^ of Cataho'uS Natchitoches, trom the pans u 1(leH_ nailnott, the mem Sabine W i n an T 1UU Legislature, is said to "LXVorthc bin,!. the piney woo^- jtrnc.E kutland. . w r lint land, who arrived here yester. of obr parish officers and ^e'logg ,L not illsiHsasiH "%ni, . ?sys'iS fits: S3W. -^S^?S3.,iK0SfSS started to t river lwaa Interviewed place, but when 1 got to tuc ri . would not i BBiBb i minatlfn KSnata me? neVumc^to'Vhe SSEawsSn in,, tn nrtemrit to cross the rivei ana airt ? ' n?,i? mv escape by Mr. Morantlui furnishing me wt. a horse and guide, und 1 went to Montgomery, w I found niv family, who had preceded me hv noat Since that time 1 have been quiet and hLe done iiothlnir. remaining at Montgomery. I nrt not So out of town at all until I (rot on board of ?ie steamboat John r. Moore to come to this place in nMstnur Collax last Monday morning I was dls S.nilrd of the boat l?y the mot) of negroes, aSd my earXere greetcd with prolonged and tcr i%c^eUs from tlie shore, and many, mounting ?hiVr hnrwH trot their trans and pursued after the SSt for some distance some even following a ''WiUtVSiiS ?at m Uie way down the boat ?,!? hailed to take a Mr. Calhoun on, but she could 7 , >nuLi> the landing owing to a very violent wind t hatwas bio wl ai a? t he time. The "teamboat La u .n.. mine along directly alter and made the land as 1 ? J him from the boat state<l that they were took him ,vp him to Colfax und make him quiet ?he"gm scldef " nd restore the peace thai he Ml msss&ss isfiSSS [Z!il'aayrkrag.l!(1Kl.^J ^,ft0roPr?stiwfnsCnrtf-d in Colfax. " ls\lie hrst s^wtement for any news paper that I have inade. nal property han ESS =SS lav, that nit colored men were In Al ^Sna wni Kf ruT /waj IroDi Culfax u Mep out of the trouble. FIGHT IN A THIRD AVENUE CAE. A Man Fatally SUot? Pout- Mortem Kiam* (nation. On St. Patrick's night, John McGuire, a young man then living with his parents at 32v Eaat Thir ty-third street, attended a dance at Putnam Hall, Twelfth street and Third avenue, and at nearly four o'clock the fallowing mornln# started for home. While walklnir ap Third avenue, near Fifteenth street, McGuire said ho noticed a general light going on in a Third avenue car and stopped a lew moments to watch Its progress. As he did so, John heard a pistol M.ut, and at the same tine felt a bullet penetrate his ankle and realized the fact that lie wa? seriousir wounded. An ofllcer being present removed Mctiuire to Bellevue Hospital, where he remained under treatment till four or five day* ago, when by his own urgent request lie was removed to the residence of nis parents, where he grew rapidly worse, and died last Saturday morning. Soon after the oc currence Captain Tynan, 01 the Eighteenth pre cinct, arrested several persons alleged to hava been engaged In the car light, and took tiietn to the station house, and William Huke, a German, of 3;i4 East Thirty-second street, was placed under ar rest, and is now at large on bail. The above version oi tlio shooting camo from the deceased and his lather, but the police tell quite a different story. They state that McGuire was on the car himself, and took an active part in the fight till matters looked serious, when lie led tha car and took to the street. Deceased had a ba<f reputation, and the police are Inclined to believo he shat himself. Yesterday afternoon Deputy Coroner Leo made a post mortem examination oa the twdy and lound that death resulted irom py emia. Coroner Kessler has the case In charge. A FEMALE SNEAK THIEF SWALLOWS k LOCKET. Last evening a female sneak thief, seventeen years of age, giving the name of Amelia Miller, waa caught In the residence of Mrs. Catharine Kent, is? Grand street, Williamsburg. When discovered sha had stolen a small gold locket and a skirt belong ing to Mrs. Kent. The girl, on her way to the sta tion house, swallowed the locket, shortly aftel which she complained of being sick antl the Police Surgeon was sent for. A waterproof cloak and ^ two drcasee were fonnd in her possession that oa<J been atvlea. and Jvr which an owner la wanted.

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