Newspaper of The New York Herald, April 23, 1873, Page 5

Newspaper of The New York Herald dated April 23, 1873 Page 5
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THE MODOCS. Condition of Affairs in the Lava Beds. GENERAL JACK STILL LIVES. Army Trains, Escorts and the Camp Attacked. SEVERAL SOLDIERS KILLED. Desperate Bravery of the Savages. A SHELL SENT AMONG THEM. The Klamath ^ndians in Their War Paint and Uneasy. ALARM OF THE CITIZENS Settlers on the Bogus and Willow Kivcrs Flying to the Towns. THE COUNTRY IN A FERMENT. Hopes Entertained That the In dians Will Be Exterminated. MR. MEACHAM GOING HOME. Friend Hong in Washington Pleading for the Cheyenne Murderers. Camp on Lava Beds, April 20, 1873. The Modoc war is now reduced to a seri ous guerilla warfare, which will prove tedious and harrassing to our army. The Modocs appear to have broken up into two or three parties, and, judging from their actions, are reduced to desperation, and will fight to the last man. ATTACK ON AN ESCORT. To-day they attacked the escort that was coming to meet the pack train running from here to Colonel Mason's camp, and killed Private Welch, of G company, Twelfth regi ment, and wounded Private Dorsey, of the Fourth artillery. THE CAMP FIRED INTO. Later in the afternoon fonr Modocs came to a rocky bluff, about eight hundred yards from camp, and fired Into ns, but happily their bnllets did not find a billet in anything of the living kind. THE MODOCS WATCHFUL. Some fourteen or fifteen bucks and squaws ?re encamped orx a back ledge of rock about three miles due southeast of this camp, and we were watching their movements this morning from the signal station. The pack train carrying rations from this camp to Colonel Mason's headquarters at Captain Jack's old stronghold is gener ally escorted by twenty-five men from this camp about half the distance, where they are met by twenty-five men from the other camp and taken the rest of their journey and back to our men who bring them home. ? TRAIN ATTACKED AND ONE MAN KILLED. The train was rather late starting this morn ing, and in the meantime Lieutenant Leary, with twenty-five men, had advanced as far as the edge of the lake, near where the citizen was killed the other day, when his command was fired upon from an adjoining bluff, and one of his men was killed and another wounded. We could sec from the signal station the three Modocs that fired at Lieutenant Leary, and watched them fall back as he charged end took the bluff In the mean time the pack train left our camp nnder escort of twenty-five men, under the command of Lieutenant Howe, and passed the dangerous point in safety. Lieutenant Leary then escorted the train to Mason's camp and back, and delivered them to Lieutenant Howe to bring them back to us. On his return he was FIRED CPON B? four INDIANS, who followed up his rearguard, firing all the time, but, happily, without effect. They finally came to a rocky ridge, about seven or eight hundred yards off, and fired half a dozen shots into camp, sending the bullets whizzing over our heads. They occupied that position for about a quarter of an hour, during which time twelve buckB came down from their camp to the lake and enjoyed a good drink. ' The troops were called to arms, but as soon Re the Modocs heard our bugle sound they fcroke back to the rocks and returned to their camp. THE WARM SPRINO INDIANS have been sent for, and will probably get here to-morrow. They will then be employed against this party, and a picket will be placed *he l?k? to pick the Modocs off as they co.we to water. W.s heard some shots this morning from the other side of the lava beds, and 1 have since learned that some Modocs fired upon a few of JD* ytexf* Spring ^Indians who were herding ptock* J The cavalry that left on Friday morning on a scout or* expected book to-morrow. A LONDON ARTIST ON BAND. Mi. Simpson, special artist of the Loiuion Illustrated Nexus, arrived here to-day from Han Francisco. He propose* making some sketches of the lava beds. He also hopes to get a portrait of Captain Jack ; bnt I am afraid he will be disappointed, as there is such a rush among the boys for the head of that chief by the time the artist arrives on the spot there will not be much to draw. TEAMSTERS FUUSD AT. A report was brought in to-night that some teamsters were fired upon this evening near Klameth Lake. The country is dangerous to travel in without a strong escort, and even then it is far from safe, as the Modocs to-day laid in ambush for twenty-five soldiers. I have great faith, however, that the cavalry and the Warm Spring Indians will soon clear the "varmints" out A Slight Fall of Snow Aiding the Mo. docs? Mr. Hcuham Going Home. Camp on Lava Beds, April 21 ? 7 A. M. The camp was not attacked last night, as we anticipated, bnt we experienced a light fall of snow, which will be received with thanks by thirsty Modocs in the rocks. The Modocs have been seen this morning in their camp, and directly the Warm Spring Indians arrive they will bo put on their trail. MM. MEACQAM TO LEAVE FOR OREGON. Mr. Meacham will soon leave for his home in Oregon and all our wounded are doing well. ADDITIONAL ACCOUNTS. San Francisco, April 21, 1873. A couricr arrive 1 at Yrcka to-night with the fol lowing news from the front to April IS : ? Colonel Perry, Lieutenant Miller and 110 men left camp at sunrise this morning on a scout south eastward. Nothing will be done in camp until they return, unless the Modocs make an attack, which is not probable. Part of the command will return to-morrow night, and part will proceed to the Willow Spring laud route and determine whether the Modocs have fled that way. TUB SAVAGES ACTIVE AND OBSERVANT. Indians were seen In close proximity to the camp to-day. They came to the lake for water. Three shots were heard in the southeast, evidently flrcd by Indians killing cattle. This afternoon Indians were seen out herding their horses, four miles southeast of this point and an equal distance south of their former position. It is said there are large caves and strong positions there, and tliey will make a stand at that point. THE WOMEN AND Onil.DRKN are there, having been removed before the mas sacre. There iB a quantity of ammunition there and a supply of water. DEFENSIVE WORKS. Fortifications will be thrown up at points com manding the lake shore to gnard the water line. Eleven dead bodies and oue live Modoc were found in a cave of the lava b^s to-day, making sixteen warriors slain. The bodies of the dead were burned. The number or Indians wounded is un known. Some of the bodies were terribly mangled by the shells. OUR LOSSES IN THK FIGHT. Six soldiers and one civilian were slain. Eleven soldiers were wounded, two severely ; four were disabled by sprained ankles. It is reported that two more of the wounded in the lava beds are to arrive to-night. Mis. Meacham was within three miles of the lava beds on the 17th, when she was turned back. Mr. Meacham is doing finely. Day after to-morrow he will be taken to Ferris' Ranch, by boat to Lost River t>nd thence by ambulance to the ranch. As soon as the cavalry return the Modocs will be attacked if they remain where we think they now are. HORRIBLE TREATMENT OF YOUNG HOVEY. C:iptaln Eagan is rapidly recovering. Young Hovey will be burled at Yreka this evening. He was scalped and disembowelled and his head mashed with a flat rock. Harmon, who fell within the Indian lines, was scalped. EXCITEMENT IN THE MODOC COUNTRY. The country in this section is in terrible excite ment. All business is suspended in a great meas ure. They are hourly expecting to hear of the massacre of defenceless citizens living in the val leys. If the Indians will make a stand together in one place we shall soon have the last one, but if they scatter Into small bands It will be next to im possible to get at them. SKIRMISHING GOING ON. Firing has commenced at the head of Long Cave, where the troops were attacked by the Indians coming down to the water. An escort coming in to meet the pack train has also been attacked and the men ordered to fall in. About a mile from camp the firing is heavy and steady; the escort is driving the Modocs. No fur ther particulars can be obtained before the courier leaves. Alarm on Bogus and Willow Creeks? The Klamath Indians In Their War Paint. Yreka, April 21, 1873. James Glenn arrived at eight o'clock P. M. from the front. He brings despatches from General Gillcm. He left headquarters at half-past ten o'clock yesterday, and reports having been shot at twice, when four miles this side of the camp, by Indians, but was untouched. Mr. w. A. Hovey is on his way in with the re mains of his son. The company of volunteers who started out from Yreka the day before yesterday will return to-night. The settlers on Bogus and Willow creeks are much excited, and are all preparing to move into | town. It is reported that three Indians were seen , in the neighborhood of Bogus Creek a few days since, and otheiB were seen down near Ficark's. THE KLAMATH RIVER INDIANS supposed the Modocs were at Crystal Creek, in Scott's Valley. The Klamath River Indians were painted and having war dances. They numbered fifteen 9t twenty warriors and are well armed. Whether there be any danger or not the people are arming. One family bad left the neighborhood where the Klamath River Indians were congre Kfttcdt MOVEMENT OF TROOPS. Colonel McnUeobairg cvspau^ been ordered xo move by the way of Shasta Valley, instead of by the Pitt River route. The Nodori on the Aggressive. Camp Lava Bids, April 20, 1673. A pack tr.nn, under eHcort ef Lieutenant Howe and twenty men, w.ih attacked yesterday at about ten o'clock A. M.. Previous to that bou' an escort from Manon's camp coming to meet it was attacked at Headlong cave. Lieutenant Leary's men sought shelter behind the rocks and drove the Modocs back. When Lieuten ant Howe's train came near them the Modocs at tacked It, but were again driven hack. Lieutenant Lear; lost one man killed and one wounded. The train arrived safely, but was fired Into while entering the lava beds, and again on its return. When returning on tins side of the cave Lientenant Howe was AOAIN ATTACKED BT THE MODOCS, who followed him to cainp, firing on tne train. They crept up to wlthm 800 rods and fired at the pickets and sent a volley through the camp. Major Thomas sent a shell into their midst, which scattered them. There were eleven in the attack ing party. Arms were distributed to all in camp, and the Modocs soon fied among the rocks. A correspondent of the London illustrated press arrived yesterday. The Warm Spring Indians wi.l start to hunt the Modocs, but they are SCATTERED IN SHALL PAUTIKS and will be dirlloult to follow. The roads ara not safe to Yreka. The country is in a great ferment. Additional Lilt of Killed and Wounded. Yufka, April 21, 1873. The following Is an additional list of the killed and wounded In tne battle of the 16th at the lava beds : ? Private J. M. Jones, First cavalry; finger of the right hand shot away. Private H. P. Meakens, Battery E, Fourth ar tillery; flesh wound on his riirht leg. Private William Cunnlgham, Battery E, Fourth artillery; flesh wound lu the small of the back. Rob. A. Dallas, Indian ; shot in the calf of the leg. On Colonel Mason's side he was the only man hurt. Private Harmon, Battery E, Fourth artillery; shot dead on the Held and scalped. Private Connird, Company G, Twelfth infantry; wounded in the calf of the leg. Tl?c War Department Without News. Washington, April 22, 1873. The War Department has no despatches to-day from General Scliofield, and none are expected from him until there shall be results from the pres ent military movements against the Modocs. A REMINISCENCE OF THE MODOCS. Fighting on the Klamath River Nine teen Years Ago? Experience of an ex Officer of the Army. To the Editor of tub Herald:? Seeing, from tbe columns of your dally paper, how much exercised is tbe public mind on the sub ject of tbe Modoc war, and to what a painful tragedy the peace policy o! the Methodist and Quaker ad visers of the President has brought us, I deem it not uninteresting to lay before your readers an early incident in the history of this tribe not before mentioned in any of the numerous sketches that I have seen, and which presents them in a light ierociouely brave and treacherous. In the msnth of February, 1854, intelligence reached the commnnder of the garrison at Fort Jones, Scott's Valley, Cal., that a number of the citizens residing in a little hamlet called Cotton wood, Just at the crossing of the Klamath River, had been slain by a party of these Indians, then making their winter quarters at a cave Rome six teen miles above the ferry. The command, don slstlng of some thirty rank and tile of the Fourth United States infantry, was immediately put in motion. The ground was covered to the extent or a toot or eighteen inches deep with snow and the weather was intensely cold, the mercury marking as low down as 10 degrees above zero, bivouacking near Yreka the first night, the second the Klamath ferry was made, and here, joined by some thirty volunteers from Cottonwood, under the command of a Mr. Geiger, the whole force proceeded the next day, by a rough and snow covered trail, in the direction of the cave. Along this road the melancholy spectacle was witnessed of gathering the remains of the seven men recently slaughtered. Their scalps were taken, their tongues cut off and transfixed to their skulls with arrows, and they were subjected to other mutilations too horrible to mention. On reaching the cave, which was lound to be in a high clltl overlooking the river, the volunteers were sent to take position 011 the tableland just above, with orders to permit no egress therelrom. The regulars cautiously passed to the front between the base of the cliir and the river, and, protected by a ridge or rocks, reconnoitred the position. An exchange or firing now took place without effect, the dis tance in an air line being about two hundred yards. The Indians kept up a great noise and shouting, amid which an occasional derisive epithet in English could be recognized. Mean while the unfortunate leader of the volunteers, in peering over the ledge, was instantly killed bv a bullet from the cave, which passed through "his head. Finding it was hopeless to accomplish any thing with muskets, two messengers, of which the writer, by request, was one, were despatched to Fort Lane, with instructions to seek assistance from its commander. Captain A. J. Smith, First dragoons, in reiniorcements and a mountain howitzer. After a bitter ride of thirty five miles, crossing Siskiyou Mountain Into Oregon, the fort was reached the same day at ten P. M? and the next morning Captain Smith, with Lieu tenant Ogle, ten men and the gun, accompanied us back. On reaching the cave the gun was placed in position and the shelling began, but with no other etrect than to evoke jeers and shouts of derision. After ten day s of exposure, without effecting anv decisive result, the expedition was abandoned aud tlie troops returned to their quarters. Subsequently the commanding officer of Fort Jones, through friendly Indians, had prevailed on this band to come In to the reservation, and in pursuance of this agreement the command were to be on a certain day in June of that year near the Klamath ferry to receive them. The day came and the command had but just reached the spot agreed upon, when rumors came of a pack train having been attacked on the top of Siskiyou Moun tain, the packers killed and the mules, with their burdens, run off. We moved at once In that direc tion. and, on reaching the mountain, found that the rumor was but too true. Taking the trail It led us along the ridge for some distance and then bore off in the | direction of the cave, and uuon the plateau just i above we came upon them, and after a sharp con flict, In which two or thr-e Indians were killed, re- | captured the stolen plunder. It will be seen from i even these lacts how utterly useless it is lor the government to deal generously or kindly with such people, and it should be the wish 01 every white man in the country that they may meet with the most fearful retribuilon for their recent dastardly conduct in cutting short so valuable a life as that of tbe jate Uenerui canbv. AN EX-OFFICER OF THE ARMY. THE CHEYENNE MURDERERS. Friend Hoag In 'Washington? He Does , Not Want the Murderers of the Survey ors Punished. Washington, April 22, 1873. Friend Enoch Hoag, Indian superintendent of the Central Snperintendency, which embraces Kansas and the Indian Territory, arrived in the city to-day, and had a long interview with the Secretary of the luterior. He says the surveyors recently killed in the Indian Territory were un doubtedly murdered by a few young men of the Cheycnnes who were intoxlcatcd, and acted without tho sanction or knowledge of the chlers. The Indians regard surveyors as their mortal enemies and as the precursors of their annihilation, and Just before the murder of the surveyors a number of United States soldiers fired into a party of C'heyennes, killing and wound ing several of their number. The murders may be attributed to ttili circumstance aud to the fact that the Indiana had been made drank on whiskey giveu to thetn by bad whiten. ! Considering that the chiefs and the main body of the Cheyeunes are peaceably disposed, Friend Hoag doubts the policy of at present de manding the murderers of the surveyors, lie thinks it the duty of the government whenever it intends to send surveying parties Into an Indian country to apprise the Indians of its purpose, in order tnat they may be disarmed of their appre hensions. THE INDIAN COMMISSIONERS. The Board of Indian Commissioners, with the ex ception of Mr. Rrusert, were yesterday in the city, bat did not transact any business, with the excep tion or what was done by the Purchasing Com mittee, consisting or Messrs. George H. Stuart, John 1). Farwell and Robert Camp bell, who were in attendance t* receive and examine the sealed proposals, to tne number of over one hundred, from different firms who de sired to furnish provisions aud goods lor the use ol the Indians, wnen the proposals had been read, the boxes containing tin samples were opened and examined. Indian Commissioner Smith, Secretary Cole and Messrs. White and Cox, representing the Secretary ol the Interior, were also present. The Indian Commissioners held a secret session last evening, which was not of any public importance. A CORRECTION. A Traveller who did not k? by Way of the Cameron Mountains, but the Cim monon llivcr. To the Editor of the Herald:? In the report or an interview, held with me yes terday, a lew Inaccuracies have occurred, which I take the earliest opportunity to correct, especially as the Herald is almost the only New York news paper which ever readies the borders or civilization. The distance directly across the "Jornada del Muerte" Is only loo miles, but, as 1 travelled It from "Pararhe" to "Donna Anna," the route be comes IHO mllfs. The passage reading "Ironi Cameron's Mountain to Stockton's Kanch" should be expanded. *'Krom the Clntmouon Klver, north ward by way ol StocktM'S to the Raton Moun tains," gives the full meaning, only those who have been over the ground will perceive any dis tinction. It was along the eastern edge of this portion or my route, from Arizona to New Mexico, that I round that the Comanche nation had sent bands of horsemen to receive the renegade Apaches Irom Arizona and the Klowas and Cheyennea from the northern portions or the great plains. NEW YOHK, April 22, 1873. II. P. ROBINSON. WASHINGTON, Washington, April 22, 1S73. General Crook, the A par lie l*ac ill tutor, To He Made a Brigadier . There la said to be a brigadier general's place In the regular arinv lor Colonel George Crook, the apostle of peace among the Arizona Indian braves, as soon as the President gets back from his trips Westward, Southward and to New Ilaveu; and from the way the olliciuls talk about the War De partment building the promotion? though one of two grades? will meet no disfavor In the army, where Crook has long been popular as a gallant and generous brother soldier. The aged General Cooke, now at Detroit, Is to be placed in honorable retirement, to make room tor the coming briga dier oa the active list. This retirement has been delayed bccause, if made while there were six other brigadiers on the register, no vacancy would ensue ; but the loss of General i anby has reduced the number to the iawfnl limit, and the next place vacated cun be Oiled. The people of Arl/.ona are already on the move to secure a fitting recog nition of Colonel Crook's great service in submilug the Apaches and rescuing life and property in the desolated Territory. The Revision of the Custom House and Navigation Regulations of the Treasury Department, undertaken by Secre tary Richardson for the purpose of reducing the present antique and complicated system to sim plicity and uniformity, Is to be effected by the end of the present fiscal year If possible. The Secre tary thinks that both the government officers and those who pay duties and engage In shipping busi ness are burdened with more regulations than arc necessary to the protection of the public inter

ests, ami intends to go over the revised regula lations personally before putting them Into print, to satisfy himself that all necessary requirements have been ellminutcd. Revenue Stamps and Stamp Cancelling lUarhlnen. The Treasury Board, which lias had under con sideration for several months the several pro posed torms of revenue stamps and stamp cancel ling machines for the use of distillers, brewers and tobacco manufacturers, Is about to dissolve. Nothing of a definite character has been accom plished either in the interests of the government or the patentees of the various inventions, and the question as to whether the government loses more by the fraudulent re-use of the present lorms of revenue stamps than the cost of adopting more effective instrumentalities is left open lor the consideration of Congress, the Commissioner of In ternal Revenue or a luture Board of Commission. The Hack Pay Confidence Game. Diligent inquiry has developed the act that seve ral members of the Senate and the House credited in various papers with having returned their back pay have done nothing of the sort. Of course these geutlemen do not take the trouble to deny reports calculated to promote their political ends, Both the secretary of the Senate and the Sergeant-at Arms of the House, who might give clear informa tion on this subject, deem it best for their own in terest to preserve a mysterious silence. Among those prominently flaunted before the public as dis interested patriots arc Senator Hamilton and ex Representative Merrick, both ol Maryland. Now, the fact is that Hamilton has taken no action at all, and will probably leave the back pay with the Clerk of the Senate until the Sena torial election In Maryland is over, when he will put It "where It will do most good." Judge Merrick has simply signified his refusal to take the back pay, but has not turned it over to the Treasury. Thus he is at liberty to draw It on application within two years, for according to legal advice taken, the back salary must be held at the disposal of members of the two Houses for that period, even though they refuse to take it. This Is the secret motive for the action or rather want ol action on the part of theso two disinterested patriots in the Senatorial election In Maryland which will take place next Fall, and for which both Hamilton and Merrick will be candidates. In this they are only emulating the noble example of the New Hampshire members during the recent elec tion, who made capital out of their vote against the back pay grab and took the money after they had been re-elected. If Merrick and others in tho same predicament were sincere they would send an order on the Sergeant-at- Arms, directing him to turn the back pay Into the Treasury, Treamry Balance*. The balances in the Treasury at the close of business to day were Currency $3,009,767 Special deposit of legal tenders lor the redemption ol certificates ol deposit... 2".55ft,ooo Coin 74.800,160 Including coin certificates 25,275,700 Legal tenders outstanding 308,111,635 Pension* for Indian .Soldier*. The Pension Office Is now prepared to reccivc ap plications under the late law from such of the In dians as served in the lata war in the Union ariny, and sustained injuries entitling Diem to pensions. The JVew Trade Dollar. Dr. Lindeman, Director of the Mint, states that the dies for the new trade dollar will be submitted to the Secretary of the Treasury In about one week, and he thinks that the coin will be ready for issue in New York and ban Francisco by the first of June next. AXE8 ON BAILBOAD CARS. A Suggestion for (laving Lives in Such an Accident a* that of Richmond Switch. Albany, N. Y., April 21, 1873. To the Editor or tub Herald:? Dear Sir? Reading your article in Sunday's edition of "One more horror," It occurred to me that if tho railroad companies would have two axes fastened on the outside or their passenger coaches thev might be the means ef saving many lives, as an opportunity would be given those not injured to cut out any who might be fastened in their seats, as Albert P. Allen and others were. If you think the suggestion worth anvthiug will you please notice it UUd obllito A TKAY?LU?lt, THE STATE CAPITAL. The Charter Not Yet in the Hands of the Governor. FOOLISH EXPECTATIONS. The Governor'* Tea Days' Consideration to Date from His Receipt of the Charier. SENATOR WINSLOW'S USURY BILL An Explanation of the Vo'e That Saved Green's Head. Route of the Gilbert Elevated Railroad. Discussion on Senator Lord's Tax ation Bill. MURPIIY ON HIS METTLE. ALBANY, April 22, 1873. Tlie trlends of the downiallen pap-hunters, who nave been, or rather are to be swept out of office twenty clays after the charter is sinned, seem not to have lost all heart as yet. Judging from the wuy their representatives aro going about here in the lobbies one would suppose that there was still a good chance for them to hang on to their "cribs " It is needless to state that they have Just about as much chance to keep their snug berths as the average Assemblyman has to go homo westward with a clear conscience. The fact is unqucBtion able that THE GOVERNOR WILL SIGN THE BILL. It is true that he has discovered, aH most every body else must have discovered by tliiH time, that there are a great many serious errors In It which really Invalidate some of the material sections in the act. This fact, however, will not prevent the Governor from signing it, because it is certain that a supplementary bill will soon bo Introduced to mnko the crooked ways straight In the measure. It is believed, however, that the best and surest or rather the most expeditious way of fixing the matter would be to have the bill recalled from the Governor for correction once It gets Into his hands. I say gets Into his hands advlsedlv, for it has not as yet been sent to him. The engrossing clerks are still at work upon it, and as two different sets of readers have taken it in hand to prevent addi tional errors It is not likely that it will be ready before Thursday. It was passed, it will be re membered, last Thursday, and as the ten days allotted to the Governor for the consideration of a bill do not begin until he actually receives the bill, and do not date, as some people believe, from the day ol its fln:il passage, it will be seen that Mayor Havemeyer will have no occasion to complain wlion his twenty day allowance expires, that ho has had to make appointments in a hurry, it to Von. \ J-' rally understood here that there Is a charter com lunation in the Hoard oi Aldermen, wnicli is not in the Custom House interest, but winch is rennbii sftv' XtT tbfe,H?air, the'MayoMncaseoS": 8it\ that iB, if he gets too stubborn oil certain im pointments they are anxtous to control " THE USURY BILL. The committee of the Grand Jury of New York who have been Investigating the money lock-uos there, are expected here soon, and the question is again in agitation, shall the Usury laws be r ? pealed ? Senator V\ luslow's bill, published below was Introduced in February lust. reported by the Judiciary Committee lor the consideration of the .senate, but without its favorable recomw?endatlon discussed and amended in Committee of the Whole' and filially lost on its third reading by lacklnlr w?n.10/ihV'eq,,lretl constitutional vote. Senator Wtnslow at once moved and secured a reconsid era I Ion, ami the Mil now lies on the table, whence jt mar he called up at any time. The lollowlug is the measure as It now stands:? ? WINSLOW'S USURY BILL. t?.,,i 1?Tjla,? and to prevent marv a??^ yea" 'thit ra^ u longer or shorter time. "r su,n. or >"T hkc.Z ? No person or corporation shall itip?i.i!r .. ?. directly, take or receive, In money ffoods'or th?>Vi?L ?? tion or in uny other way, iH,y ?reater^fn ?? ?Jil ??" value tor the loan or forbearance greater or thlnw* In action than is above dev r h . to the lorfeltures and |;enaH^?rere?nYft?dIi;,m&n,3r ' *' ? 3. -?All honds, bills, notes, assurances convfvunnoa ?nil all other contracts or securities whatsoever (ex cent honorary and respondentia bondH and contract.) kml^f deposits of good* and other things whut?*Ver -her-Ji a.id thereby there shall he reserve,! or t^^oVv'cu?ed or ajtreed to be secured or taken, unv iir at'r , i , ,r Bteater value lor the loan or forbearance ,,r ,? I money, goons or other things in action th.n .. .i ' prescribed, shall be void ho lar onlv as ret? nil!? #!L V ful interest, and the excess over ft!}" IKS? the tawm i interest that was taken or paid, or agreed or secured paid, at the time ot making or receiving or.U fiver Intf ot the bonds, bills, note* or unv hereinbefore mentioned. securities 8ec, 4. ? In case the borrower or borrowers /.r ?.... money, good* or things shall, before any leuai nroce^Z iu><s may be instituted to collect the amount of money Roods, or things borrowed, shall otTcr to pav to t hiHendnr TzH\ygi\z the court in which any suit is neadini to? Lborrowed' lf.U Hhm"'1 '*> Prove HnTa J suit that such loan w as maile in violation ? ?,?!. \ . . ?hall render judgment In Mid atf tin favor oMthe^dafn.' tiff or plaintiffs only tor the amount actually lent ami borrowed and nh ail render |udgment in fmvo5 ?f ?rood.' or th"nffs"shal1, 'before n n y p roeeed?n xsln ay'be *n ' stituted to collect the amount ni moncy. Z 7, borrowed, or the holder of unv bi.ud. biTlTnote t a ice, conveyance or any other contract ors^curtv Kiven or assigned or delivered lor said loan by the ban rower, shall offer to receive and accept <7 and fro?n the borrower the amount actually borrowed or loaned with legal interest thereon, ami the payment thereof shall lie refused by said borrower for the space ot ten days the court. n which .ny ,uitmay be peadiog for the recover? ?i(i* amount borrowed, if it Ahull be proven In said salt that such loan was made in violation of this statute shall render judgment in favor of the plaintiff or plain tirrs against the defendant or defendant* only for the amount actually lent and borrowed, with legal Intereat on said amount, with his or their taxable costs only ,(J Sec. 6.? so much of title three, ot chapter four of pw^d j^y^lS, "*<7, "s hereby repealed? ??*" tl^enlltM^ interposing the Defense of Usury in Anv Actuln ? n? ril 6, 1 850; nor shall the provisions ot thiS'act lnP"aTv 8?c. This act shall take effect July 1 IS73 ari'ataost* observcd that t,ie Provisions herein 8TRINGENT BNOtJOn TO AMOUNT TO AN ABOLITION ol the L'sury law. It Is uot likelv that ??!I lenders asking usurious interest will insist before the courts upon payment when the mere fact of asking usurious interest ensures Judgment amiMr them. It Is believed that the country mem J?a win favor this bill yet, although they St revo against a square, open repeal ol the usury lawi ffie Senate was not full when the vote wis Va^n PWme? Poster K2&5 ot rairner, roster, narrower and llakcr who w?? ft l"e t,,1ne' ,v"1' doubtless, vote for it, when it comes up again. The best move the Grand Jury t Ids' Tilla'l on or "'n^ WtH,n th(!T Con,e UP tH l" '"''f Houses. g "CCUre 118 Pasaatfe in hoth BILLS PASSED. Among the important bills passed in the Senate to-day In the rush of third reading were the !?''?wlD*. Yorlc onos:? To Incorporate the Commercial Warehouse company mid authorize the Commissioners of Common Schools to establish a nautical school, and the Christopher street liail roau Ferry bilL THE OILBRRT ELEVATED BOrTB. The Commissioners to name a route for the Oil pert Elevated Hallway have made a report to the Legislature, In obetlence to the resolution of In quiry Introduced last Friday. The lollowlng Is the route in full:? From the south shore of Harlem River at Klngsbrldge, along River street to Eiirhth avenue, to 110th street, to Ninth avenue, to Fifty third street, to sixth avenue, to Fourth street, to South Filth avenue, to Canal ? , a,w?r'r Si.rr"r0Muo'i5 ?rsa??K7^"i? S?? K i.lK.MrJS?U "? K'""" "??' a nonif th vlw vftrv ?. Impression seems to l?e amonir me New York Senators that th?? mm* <u now locatetl would kill the measure If the U-gisla ture could get jurisdiction of the road again. t. notaries. fnc lullowlng are tiuo u^w appointment# of ,f.?r Tort county JnHt confirm' d fo* l?n?ub".h^T- ??>? alrud* . anasa r&^.vsK" John Allen, Charles B. Arnold. kIKWw I?^222* John Abbott, Thomas Ha. r, John Whit)ih?*T^it?f* Jaiues <1. Uruckman. John II. Brown Kaortolnh S SU' kcr.Al. xan.ler Boyl. K. M. Hr..wlu ^ Avery T Brown, Max Bull, John V. Bark* H H John Byrne, W CI. ury. M. K. Clark. W. j! CoS? K W Chiunbe in, 0. Y. Cotton, (i. A.Crocker. 0. A Car'rahM W K. t onway, Thumus K. Cuffs, John k. Clear* w ll* Clark?.ii, W. H. Clark, J. Covert, J, Cropper K t^ruBer' W. J. P. c. Cramer, P. fchanln, P. M. Clar kTk. J Cramer* R. H. Channlntr, w. 8. Copoland, J a Demiv T Dt Rivera. H. Danschea, H. Deiker. J. B. 6owlev A. Denjrler. F. C. Devlin, C. Iiuuiin, K. M. Deerlni! U. P. Dcmarest, W. J Donnelly, J. H. Dowtr E. P. Dougherty. O. B. Demi. Jr., D. *. Doreruu*.' A. Darfee, E. Devoe, A. V. Davidson, J. P. Oavls, c h Deell. J. L. EKliert, Smith Ely. Jr., A.T Eaflie, K. D. E.ler. Thos. Engan, C. M. KrriB, A. W. Kraaor, Jno. Kulton, C H. Franklin. John II. Fit/patrick, 0. Flecke, ,lm Fltzbarria. M S. Friend. M. J. Pairan. J. Flelst, C. A. Karnum! F 5 Poster, Thomas FarrolL Edward tiooily. C. J. Ounther, J. W. Ornber. W. C. Gibson, J. S. Ornhe, Jetur (lardlner H. E. Garder, J. 8. Oreves, W. 8. CJulii v<-r, J. h. Good! man, J. S. Goldsmith. V. S. Gray. 8. (illlnan, W. T A Hart, A. O. Hansen, <1. W. Hall, F. Hess, r F. Hasenll. It. M. Hodden, W. T Heron, H. 1.. Ilaiifht, F. w lladfleld J. H. Henry, M. HIppler, P. L. Hoffman, L. W. How, 111 Hovt, C. R. lluntineton, P. Hutching, W Healer, H. M. llaiKht, O. llopcroft, J. B. II ad ley, C. Inuebrand, C. F. Jones, w. J. Jeeqnes, H. i>. Jennings, W. P. Jame*. S. J. Jacobs. W. R. T. J. iiioi, 0. W. Johnson, R. Krnnssol.lt, P. Kuhn, J. Keose, A. Keating, P. B. Kelly, P. D. Kinney, J. Kearney, T. B. I-ceds, H. r. Llebtnan, S. Lam<, E. Lsusor, J. C. Iding, .1. L Lln.li.ey, C. 0. Little, J. Loder/I". B. lord, J. P. J. LanKbein, A. Lyons, H. Merrill, J. A. Monaglian. J Smv ers, A. Malthv. T. Ma.-kcllnr, D. W. Morgan, (1. Miller, C; ? MoehriiiK, J, H. McCarthy, C. E. Mai-ac, J. M. Math, ws, J. II. Montgomery, John Maguire, Oeorgo Mathews, M J. Murphy, T. McKoe. Jr. ; George T. Martin, Walter Mon tague, W. MeCrea, T. MeUnlre, T. Nelilgan, T. M Walsh, T. I>. Callaffhan, T. O'Meara, J. F. O'Neal, J. W. Olaen, T. S. Pine, H. W. 8. Pell. L. V. Putney, J. D. Paulixon, C. A. Pe.abody, Jr.: 8. H. Pnnd?xt?r, V. Preeht, John Pvne, A. Powell, <?. T. Patterson, Jr. ; E. Perls, J. M. Pliil bin, P. H. Powers, A. C. Qunckeiibuiih, John Rothschild. J. B. Pamlolph. C. B. Rice, <}. R. Uohertson. C. R?-cd, R (1. Roberts, T. E. Smith, Francis Sehell, E. O. Smith, R. M. Sherman, F. I>. Snow, M. Sehlein. S. H. Steele, E. Schlloli tiiitr, W. Sinclair. A. Steinniuller, W. Sehra.lv, J. B. Smith, J. Schlauhter, H. Schmitt, J. Sneller, A, Schiiffol ,8. D. So wards, J. R. Smith, E. Sel lerk, w. V. Smith, w. Shorman. S. Stevens, R. M 8trat ton, D. K. Swan. M. Splllman. P. L. Stetson, C. Schleclck J. W. Smith. J. J. Schaotor, C. M. Stafford. H. N. Slier wood, i;. L. Matcher, S. R. Tavlor, John J. TaKfrnrt. W. J. Traivs, J. o. Tobias, vv. A. Van Miiser, E. A. Vander hoof, Jr.; II. M.Wallace, P. White, W. O. Wood, J. Werdahold, J. Wilkinson, O. K. Wood. O. Waddinrf'on. P. Weiss, E. P. Wilder, .1 . W. Woodward, F. H. Weeks, J. A. Wyman, K. N. Wilson. J. J. White, C. WolverUin. T1IK INDl'STRIAL EXHiniTION BILL wa^ reported to-day from the New York Nenator#, to whom it wan referred on It* arrival from the Assembly, with an amendment to the effoct that the city of New York shall nor., as preposed, take stock in the Industrial Exhibition, font that whon the company have liotigrlit and paid lor the grounds and erect their crystal palace the citv Hhall loan them money and take as security therefor a mort gage on the lands purchased. THAT (HIKES -LOBBY AGAIN. Senator Mcflowan, whose vote saved Green in the charter light In the Senate, dottles that ho was In any way Influenced Uy the loi.fov Green had em ployed to "work the route" for him. His constitu ents wanted him, he savs, to vote the way he did, and he says ho could not consistently vote to re tain Henry Smith and put Oreen out. He says the home influence that was brought to bear upon him was the only pressure lie gave way to. So the claim ol Oreen's lobby that they owned the Senator shows that they were only trylntr to inak<i capital and profit for themselves by boasting of ih?-ir own exploits as far as he was concerned. The question now is, how much did they get paid on the strength of their pretence that they had manipulated the Otsego representative? SHKKIFP (VnntKN'S BILL for the appointment of three commissioners to <le? Cide whether he Has a good claim for certain moneys against the city was the subject of consid erable discussion In the Assembly to-day. William C. Barrett, Henry II. Anderson and the Corpora" tion Counsel wore the commissioners mentioned in the bill originally. The discussion wus final!) ended by t he bill belnar referred back to the com mittee of the Whole, with instructions to insert, in lieu of Anderson and llarrett, the names of the President of the Department of Parks and the t'oin< mlssloner of Public Works. ENULIdll AND THE MUTUAL LIFE INSURANCE COM PANY. The special Committee on Grievances had a hearing in the case of Stephen English and the Mutual Life Insurance Company to-day. Mr. llo mans was examined, but his testimony was not material. Mr. Sewell was cross-examined. Mr. Darlington, counsel for English, repeated his statement, to the eflect that he iind not made ap plication for the reduction of English's bail, for the reason that the Judge before whom he had made application for an examination had denied It. The committee will meet at the Metropolitan Hotel, In New Yore, on Saturday, when they cx? pect to close the investigation. Lord's Taxation BUI? Murphy on HI* Mettle? The Usual Hurling Hack? Ijord Squelched? Proceeding* In the Autm* hly. Albany, April 22? Evening. The discussion on Senator Lord's taxation bill to-night was rendered startling by a sudden en counter between Senator Murphy, of Brooklyn, and the anther or the bill. Tue debate had pro ceeded for over an hour and a half with the custo mary embellishments of facta and figures, very hard and dry, when Lord intimated In reference to Murphy's opposition that the latter had proper ty upon which he wished to avoid taxation, and that wan the cause of his antagonism. MURPHY BECAME INTENSELY ANGRY at this, and although apparently weak and de crepit phvslcallr, he replied in a fierce denial, wherein his voice rang out amid a startled silcnco in the Chamber and hi* thin frame quivered with passionate gesticulations. "The Senator chooses to depart from his argument," said he, "and make a personal attack upon mo. lie intimates, nay, he snvs, that I have property which I desire to screen from taxation. I hurl the thing back upon htm and pronounce it false? false in everv word and line. I will allow no man to Impugn my motives ' as a Senator, but I will say now, sir. as f am driven to say it, that I have no property that is not taxed, except perhaps my library, which may not be taxed to Its full amount. Hut in opposing this bill I have only the interests of my constitu ents at heart, my section being a commercial one, and I have not thought of myself." Senator Lord, in reply, said that the first man ho hail seen and he believed the only man in the Stato who could say with truth that he paid all the taxes he ought to, was Henry C. Murphy, and ho would like to know if his neighbors could say the saine. Mr. Ti km ann? I ran. Mr. Benedict? And I. Mr. Lord? Then there are three men who can sav that. Mr. Henedict? Mr. Welsmsnn Is absent from hi* seat, but he has staged to me that he did. Mr. Tikmann? Sow will the Senator from the Twenty-eighth tell us if his neighbors can say as much? Mr. Lord (emphatically)? No, sir. Senators James Wood, Lewis ami the Lieutenant C.overnor. who had temporarily taken his seat next to Mr. Lord, and, la parliamentary usage, was one of MR. LORP'S "NEIGHBORS," all norc this assertion nndlnchi'igly, but Hardly seemed willing to consent to the statement. Finally, when the committee rose to progress the bill, Mr. Lewis, in the Senate, moved to strike out the enacting clause, and the following was tiie vote thereon Vkas? Messrs. Allen, Benedict, Dickinson. Lewie, Low. rev. McGowen, MaJdvu, Tiemann, Wagner, wtiMimnn, D. P. Wood? 11. Naya? Adams. Bailor, Lord and J. Wood? 4. No quorum was present, however, and the vote failed to kill the bill. The whole question was thereupon laid on the table. in the iiorsB this evening the bill authorizing the Common Council of New York to appoint commissioners to erect armories for the National Guard regiments and the bill adiusting the claims of James O'Brien, late Sheriff of New York, were passed. The Senate amendments to the Christopher Street Crosstowu Railroad bill were concurred In. The Senato amendments to the Brooklyn Election bill were non-concurred in, and a Conference Committee was appointed. Mr. Prince, from the Judiciary Committee, reported adversely on twenty-two bills to amend the code of procedure, and the reports were agreed to. DEOOBATION DAY. The Grand Army of the Republic In m Quandary? A "Hitch" Where JDiaci. pllne Should Prevail. A convention of posts of the Grand Army of the Republic assembled last evening, under a call Is sued from the department headquarters, No. 33 West Fourteenth street, to elect officers and make the necessary and appropriate arrangements for the ceremony of decorating the graves of the Union dead on May 30, the annual "Decoration Day." There were representatives present from posts Nos. 13, 29, 70, loo and 113, and the follow ing prominent department officers:? Samuel Minnls, Senior Vice Department Com mander: Frank M. Clark, Adjutant General; Joseph Forbes, Quartermaster General ; and com rades Tompkins and Perlev, of the Department Council of Administration. Colonel II. C. Perley, o! Post 100, was elected temporary chairman, and Captain Peter F. Murray, of Post J?, and Rdward D. McMurray, of Post 13, secretaries. There was little business of a direct nature transacted, as It was ascertained that nine other posts under the leadership of Commander Robertson, of Post 79, had already organized themselves as tile nucleus ol the general committee of control of the ser vices. According to all readings of the rules as promulgated in General Orders No. fl, April 14, 1873. and Circular No. a, of same date, the action ol tliis latter body is, to say the least, unauthorised, and may, perhaps, tend greatly to diminish the effectiveness and harmony of the demonstration. The discussion was quite lengthy upon the subject of appointing a committee to confer with a similar committee from the last mentioned body with a view to securing joint and co-operative action. A committee consisting of Comrades Henry C. Per ley, N. D. H. Clark, Peter F. Murray, T. J. odiuui and Oscar Tompkins was appointed, and the ior?. mlttee adjourned until next Tuesday evening. whei Uie conference comma tee will wake their reverb

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