Newspaper of The New York Herald, 12 Mayıs 1876, Page 5

Newspaper of The New York Herald dated 12 Mayıs 1876 Page 5
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NO SEAT NO FARE.! Formal Opinion Given by tlie Corporation Counsel. # THE LEGAL ASPECTS OF THE CASE I The Powers of the Board of Aldermen Defined. Toe following opinion ?u yesterday made public by Mr. William C. Whitney, Conoid to tbe Corporation, In relation to the power* of the Common Council over the horso railroad companies. H will be seen that Mr. Wnitney holds to the new that the Aldermen havo an undoubted right to make any reasonable regulations us to the number of carvto be run by each company and to impose penalties for non-cuu? pi lance. As it now appears that tbe city authorities can compel tbe rail roads to give proper accommodations for tbe travelling public it is to be hoped that tome .deOnlte action will be taken without delay Law DKrAKrxK.fT, ) Orririt or rat Coirxsm. to tun CoKroKATios,} Ntw York, May ?, 1876. 1 rn* Uunokamlc tuk Common Council (iKMTLKMji.N?On the 10th of *ebruury, nlu, the following resolution was adopted by your honorable body Ke.ulvcd, Thai tbe Cuansel to tbe Corporation be. and He ll hereby respectfully refunded to iiilurm tills Hoard, alula surliest convonleuce. how for. if at all. the agree ment. uiada bMMeu the city and me .everal city rail road companies luive been affected bv tbe operation of Mate lawa; wliotlier ilia not legally in ihu power of tho cily authoritiea to compel such companies to provide aenta Tor ail wboiu they permit to enter llieir earn, or forfeit tbe riKtat to collect faro.; also, 11 it ia not In iho power orthe Liminiun Council to eoinpvl auch companies to reduce their rate ol uru irom live to three cents irom six to cicbi, A. M.. and from five to aaven, P. M . each and every day in the In terest ol the poorer clans, nr working people, who are com pelled to nae audi cara in going to their work in the morninc and returning in tne evouint," . As some 01 tho questions thus submitted for my con sideration wero of considerable difficulty my uuswer lias been necessarily delayed. Tbe first inquiry con tained in said resolution Is, how far, If at all, tbe agree ments made between the city and tbe several city rail road companies has been a floe ted by the operation of State laws. Prior to the year 1864 the Common Coun cil authorised tho construction and uso bv different companies of horse cars in the Second, Third, Fourth, Mxtb, Eighth and Ninth aveuues and also in Brond way- Such railroads wero accordingly constructed and are now in operation, either wholly or partially undor Uts authority givea by the grants of the Common Council lu all said avenues. Soon alter the making of tnese grams tho question was raised whether tlie Com mon Council was authorized by law to make the same, and a protracteu litigation ensued lu reference to tho graut lor a railroad in Broadway, lostlug during a Ecriod ol nearly ten years. It was held by quite a num ?r of the judges or the highest courts in this city that tne Common Council had such authority, but it was flnnlly settled by tho Court of Appeals that such view was erroneous, and It was decided that tbe Common Council could not authorize the construction of a street railroad withuut the previous sanction of tho Legisla ture (Davis vs. Mayor, 1 Duer. 461: Id., 612: 2 Durr B?4; a Doer, 110: 14 New York, 506; Milhau vs. 8harp! 16 Barb, U3; 17 Barb., 434; T Abb., 220 ; 27 New York Oil). ? Tne final decision of tbe Court of Appeals id the esse of Milbau v?. Sharp was not rendered until the yoar isti.1, but, pending this litigation, tho Legislature, on the 4th of April, 1854, passed an act providing that tho Common Couucil of the sovoral cities In this Stato should not thereafter permit to bo constructed in either ol tbe streets or avenues of said cities a railroad lor the transportation of passougers which should com mence and cud In said cities without tho conseut thereto of a majority In Intorest of the owners of prop, erty upon tbe streets in which said railroad is to be constructed being first hud and obtained. (Chap. 140 ol the Laws of 1864.) The third soitiin of this act however, confirmed all grants, licenses and resolutions (adopted by tbe Common Council of any city prior to tho passage of the act) authorizing the construction ox tension or use of any railroad which had already been constructed in part. The courts have uniformly held that this statute ren Oered valid the various grants by the Common Couucil jmade prior to the passage of said act) which author ized the construction of street railroads in tho several avonttes abovo mentioned, in all casos where tho road In such avenues bad been wholly or partially con structed at the tHue of the passnge i.f tho ad. (Cold man vs. Sixth Avonuo Railroad Company. 3h N. Y. 201; Sixth Avcuuo Kailroad Company vu. Kerr 4^ Barb., 138.) 1 The Legislature has also at various times passed laws authorizing tho companies owning the ronds in such ?venues to extend tho same, or to discontinue portions of the same alreud.v constructed. Such acta have been passed in relation to the road in Second avsnue (Laws 2L1847, voL ^ 177 i La*8 011872, vol. 1. p. ?41); in roferenco to the Third Avenue (Laws of 1807 p. 406); in reference to the fourth Avenue road (Laws ol 1872, p. 1,064); in reference to tho Kighlh Avenue road (Law* of 1874, p. #1?); also confirming tho grant of the Ninth Avenue road, and extending it (Laws of I860, pi 715, and l,aws of 1808. vol. 2 p. 2,003). Tbe act above mentioned, authorizing the' ex tension of the Fourth Avenue Kailroad. rocogmzed and probably sanctioned the right of that companv to doinand and receive not more Hum eight cents lor each passenger lor any distance, and not more than six cents for any distance below Forty-second street. Said act of 1874, extending the Uighth Avenue road, also author ized tbe company owning that ro id to charge and re . eeive ihe same .aros charged by it for the conveyance ot passougers at the time of the passage of tho t el. Neither the other laws above mentioned nor any others, so lar as I am aware, have allsctcd the agree ments entered into by the oily and tho various rail road com[i mies, except In tho particular above men tioned; and the act ol 1864, above mentioned, liavng rendered valid tho various grants bv the Common Council, the agreements entered Into in pursuance of ? uch grants, except where modified as abovo stated remain in full force. ' The second question 1a reg:ird to which my opinion is requested is whether It is not legully In tbe power of the city authorities to compel sucu companies to pro vide scats for all whom they permit to unter their cars or forleit the right to collect fare. As your honorable body is undoubtedly aware, tbe Legislature in 1800 passed a law declaring that no street railroad should bo constructed in tho city or New York unless authorized by an act of the legislature (Laws of 1860, a 816) ? nd since the passage of that act the legislature has passed laws authorising tho construction or qult? a number of street railroads In this city. It was at first contended that the Legislature could* not authorize the construction ol such road without tho consent ol tho Common Council, nut the Court of Appeals linally decided that the consent of the Com mon Couucil was uot necessary, and that the Legis lature had full control over tho matter and coulu authorise the construction of such street railroads in this city as it saw lit (The People vs. Kerr, 27 N. Y., I presume il?st tho second Inquiry above men tioned, with regard to which my opiuiou is requested by your regulation, la futended to cover not only the roads construc ted under the original granta from tbia Common Council, but also those which have l*en directly authorized by acta of the Legislature; and It will, I think, be qnite apparent, frutn an Inspection ol the agreements made with the different companies pursuant to auch grants and the various acts ol the Legislature above relcrred to, that the queatlon ia not free irom difficulty. * The provisions of these agreements with the differ ent companies be ,ring upon tbe question under consul ?ration are substantially the same, though not equally full and explicit in every ease, and they are, iu sub stance, tne following:?'That the various companies will run cars every day as olteu as the put-lie convenience may require, undor ?uch prudential regulationa aa the Common Council and tbe Street Commi-eioner inav from time to time, p.-eacribc; also that the various companies shall in all respects comply with the direc tions ol tho Commop Couucil in the building of the roads, and in any other maimer connected with tho regulation or the sanio; also that tney will run a cer- 1 tain tumber of cara every day, both ways, between certain hours,'and as much ottrner as the public con venience may require, under such directions aa tho Common Council may, from time to time, proscribe. A number ol acts authorizing the construction of ! street railroad* wura passed by the Legislature In tho year 180u They uro nearly identical in form, and in ?sell caae provide that the companies shall run cars as often aa the convenience of the public may require, and aliall oo subject to sucn reasonable rules aud regulation* in respect thereto as the Common Council of the city of New York tnuy, from time to time, by ordinanto proscribe. A similar provision Is, I believe, found In each of the ?cts authorizing street railroads In this city, pa?sed by the Legislature since the year 1800. The qu> stion pre- ? rented, therefore, is, whether the right to regulate tho i running of the cars, reserved in the granta made livtbe I Common Council Itseif aud given in express terms in ; said acts ol tbe Legislature, it sufficient to authorise the passage ol an ordinance of the Common Council n 'u* s?c!i companies shall provide seats lor ?II whom they permit to enter their csrs. or forfeit the right to collect fares. I have been unable lo discover that this precise queatlon has ever been passed upon by any Court, and, in tbe absenoe of Judicial decisions, I hsve been In considerable doubt aa to the true con at ruction ol the grama of the Common Council and acts ol the Legislature. It was decided a number of ! years since that, under the power to regulate the run- ; Bing of cars, the Common Councilor tho City ol Buf- j fslo bad the right to lorbid tbe use of stoam, a* a mo tive power, through tbe streets of tnat city. (Uuflilo *?!'" M*"rood ??? City or Bu'flalo, 5 HI I, I 20V.) It was also decided that, under the agree- I luent mf.de with the New York and Harlem luil 1 road Company for the construction and use of ? railroad in *ourth avenue, the Common Council of tbis city had tbe right to forbid tbe use of steam below ? certain streot. (1 Hilton, 6t;i) It has, however been decided that iho Common Council of this city could not I lawfully require the different companies which have received grants from it to take out licenses to run their I cars, and impose a penalty Tor tho failure to take out I Such lirensos. (Mayor va. Second Avenue Railroad Company, ai S. Y.. 2?l; Mayor va. Third Avenue Rail road Compiny, S3 H. Y.. 42 ) These adjudications do not cover the precise points referred to In your resolu tion, hut thev are useful, inasmuch aa tnoy maintain that the authority ef the municipal authoritiea over tbe streets ia, in tbeir hands, a trutUield for tbe baneSt of iho people of which they cannot divest themselves and which tbey cannot incumber by gnats conflicting with tbc general purpooos tor which tbe streets arc held. The reservation to the Common Council oI tbe right to regulate Iht use by tha companies ol the franchises SvcL them la, of course, retained by the Common mncil In the Interest ol the people of the city. Regu lations securing that the franchise* are used in such a way as to subserve tbe convenience and comfort ol tbe travelling public are witbin the intention* of the reservations. With this object In view tbe Common Council have, Irom time to time, required the railroad companies ?<> run an Increased number of ears; and this mode of reguiatiug, in the interest ol the travelling puhhc, the use cf the irancbiae by tbe railroad com panies la undoubtedly in every respect legal Whether the power to regulate can be carried to the extent t>ro posed by your resolution?namely, ol prescribing that every passenger shall be given a teat, or no lare col lected, is aa entirely new question, and one with regard to which 1 am obliged to say to you that there Is con siderable doubt. Tbey can bo made to run cars us oltou as the public convenience may require, which would seem to accomplish tbe same otyect as that du st red to be accomplished by your resolution. But If a person gets into a car and is carried by tbe railroad company It Is questionable whether tbe company would not have, under tbe agreements and tbe laws, a right to tbo tare wbicb they have been authorised to collect. Under tbo various agreements tbey are authorized to charge a certaiu rate of tore fur "carrying" a passenger, and the various acts of the Legislature lor tbe construction of these street rail ruaus authorise the severs! companies to charge a rate spocifled in tbe set, or to charge the same rate as was charged by othor city railroads at the time of tbe pas sage of the various acts. Under these acts of the Legis lature, and the agreements, 1 think tbe companies have acquired a vested right to charge tbe rates pre scribed, which tbe Common Council cannot now tuko away. Tbere were no reservations in tbe acts or in tbe agreements authorizing any change of tbe rates, and, Inasiaucb as thai must be supposed to bave been the consideration for the outlay on tbo part of tbe railroad companies. 1 question whether it Is wltlnn the powor of tbo Common Council, at this lime, to alter tbe conditions prescribed lor tbo collection of fares: and, luastuuch as the carrisge oi tbe passen ger was the only condition annexed In tho agreements and the acts ol the Legislature to tbe collection of fates, I think the power to regulato the ruuuiug of tbe road must bo exercised in some other way than by for leittng the lore. The Common Council has. undoubtedly, the right to make any reasonable regulations ss to the number of cars to be run, and to impose a pecuniary penalty for non-compliance therewith; and, whutever action Is taken, 1 should advise that this method bo adopted, as tbe coiupuuios might successfully claim that they have a vested right to collect fares irom every passenger carried, of which tlioy could not be deprivod by an ordinance ol the Common Council. I have come to this conclusion after considerable doubt and hesitation, and 1 must adviso your honorable body that, upon a novel question of this character, which has not been passed upon nor considered by tho courts, lawyers and Judgus will undoubtedly dlfler in opinion. As 1 have above mentioned, when the question first arose as to the power of ihe Common Couucil to au thorize the construction ol street railroads without the previous sanction ol' the Legislature, many of the ablest lawyers and Judges in this city were clearly of tbu opinion that it possessed such power; but, alter years of litigation, it was Qnally decided that such opinions were entirely erroneous. It Is, therefore, of ouurso, impossible for mo to say that the view takeu by me ol the powers of tho Common Council upon the point in question will bo certaluly sustained by tne courts. Tho third point upon which my opinion Is asked is whether the Common Council can cotnpol the railroad companies to reduce their rate of fare Irom ttvo to tbreo cents during certain hours of tbo day. As the rates have been fixed by tbe agreements or acts of the Legislature in most cases, 1 am of opinion that tho companies have acquired vested rights, and that the Common Council cannot now change the rates from those prescribed by tbe laws under which they aro act ing and the agreements heretofore entered into. 1 am, geutlemen, yours respectlully, WILLIAM C. WHITNEY, Counsel to tbe Corporation. NEW YOBK YACHT CLUB. THE BACK FOB THE AMEBIC AS CUP?THE TERMS PROPOSED FOB THE INTERNATIONAL CONTEST. A special meeting of the New York Yacht Club was bold last evening to further consider tho matter of the challenge of tbo Royal Canadian Yucht Club for tho possession of the America's cap. There was a large attendance of yachtsmen, Commodore Kingsland presiding. Tbo letter forwarded to Major Gi fiord setting forth tbo couditlons undor which tbc club would accept tbo challenge, was read. The following is Major Gil ford's reply:? , Coburu, Out., Dominion of Canada, ( May 'J, 1S70. j Tub Regatta Cobmittkc, Nkw Yokk Yacht Ucub:? (Ikntlkhkx?I urn in reivipi of your favor of April 24 last, ?citing forth the teem* lor the America's Challenge Cup ?* determined on by the .New York Yactit Club. It appears to me that them are lonr conditions for settlement by mutual consent between the contending parties, vis. The lime for salting the race, the course to be sailed over, the number of rac*? to be nailed and the number of yacht* belonging to the challenged eiub that I* to eoiueud in tlie race. Tld* latter condition In the most Important of all, ami from your letter ol April -4 I can gather nothing a* to Tour views on the mutter. You have probably left it for nature determination. not knowing hut that other yacht club* may join iu the contest. It might happen, however, that my yacht, which 1 may nay is the only one from the Ru.tal Canadian Yacht Club mat will seud you achallengi', may lie the only one that you-will have to contend against. Should the Counter* of Dufferin be the only contending yacht 1 should feel much obliged if you would Inform me whether you would iu that ease ui*tch one yacht against her or one out of lour, a* in Captaiu Ash bury's case, or whether it ii to b* an open race for all the yaents of th? New York Yacht Ciuli sqnailron to sail again* her. I ask for this information became, according to the terms on which the New York Yacht Club holds the cup. the match ha? to tie determined by mutual consent, and before assenting to the condition* mentioned in your letter of April 24 t should like to know what the intention of the New York Yacht Club Is in the matter; that 1* to say, how many yacht* the New York Yacht Clnli intend to sail against tbo t'onntrs* of Dulferin in the match race of the cup. 1 have the honor to be. gentlemen, yours re*pectlully, < IIARI.K.H tilt FORD. Vice Commodore Royal Canadian Yacht Clnb. A ropy of the ilced o! gift wan also read. . Mr. .1. 1?. Smith moved that the three raecs be sailed on the 10th, l-'tli and 14th of July i)cxt. The resolu tion was adopted. On motion of Mr.tKam it was roaolved that in re spect to tlio course to b<j Mtiled over the oiler of the club l>e repeated to Major i.iTord, namely?ono r.ice over the New York Yacht Club course, ono race outside Sandy HooK. twenty Mitt to windward nnd back, and the third, If necessary, to be chosen Irom either of tho fcmpMg. Mr. Chaso then moved that one yacht bo selected to ?ail .ill the races. The motion waa lost. Mr. Smith offered a resolution to tho effort that the Regatta I ommittco be instructed to inform M<\Jor Gil ford that the yacht to suit against the Counters of Duf ferm will be named on the morning o( each race. On the motion of Mr. Haight, it was resolved that the flag officers be made an advisory comm.tie- to as sist tlic llegat<a Committee in selecting the yacht to Hail on tho morning of the race. The meeting then ad journed. CORINTHIAN RACES. the seawanhaea yacht club offer wees FOB two evexts, cabix sloops and SCHOONERS. The Seawanhaka Yacht Club thus early gives public ity to a programme for two CortnthUn races, to be tailed In the month of June next. Contests of this na ture hive (or several seasons been worthily carried out by the Seawanhaka guntiomen, the result being that the owners ol yachta belonging to the aasociauon have become sailors of no mean degree. Tne raoea now in view are lor cabin sloops, to take place in New York harbor ott June 10, and for schooner-, twenty milrs to windward and return from Handy Hook, three days thereafter, on June 13. Tue invitation extended by the Regatta Committee of the club Is of the most cordial nature, and m the case of the sloop race it Ipoludus cabin sloops belonging to all organized yacht clubs This will Iw the sixth raoo tailed under tlio aus'pleos of the club, and the hope la expressed that there will lie a large entry. There will be one prize In each class in which two yacht* start, mid a second prize in each cl isa In which lour or more start. First rla.-s yachts include those measuring ilfty-flve feet mean length and over; sec ond nass, all yachts under llliy-Qve leut menu leottb. Entries will close at the oOlce ol Mr. M. Hoosevell Schuyler, No. M William street, at three o'clock I*. M.. Friday, June 0. Yncbts must lie maaned by amateurs exclusively. The course will be irom the starting point, aa above, to and around buoy No. 10, on the Southwest Spit, Keeping It on tbc port hand, thcnce to and around tho Sandy Hook itgiitshp. keeping it on the starboard bund, ana return over the tsrae i course. Yachts must keen to the eastward of buoya I No*. 11 aod 13, on the West Hank, aud outside ol j buoy No. 51 j. on the point of Sanoy (look, going and returning, and will pas* between the club steamer and i Fort Wad*worth on arriving home. The schooner race is opened to yachts belonging to ! tbo Atlantic, Brooklyn. Knatern, New York and sea- ' wanhaka clubs, and will be governed by tiie sailing regulations of the latter. The classes will be:nrst, those measuring more than ninety feet over all; ana second, tho?c under ninety feet ov> r all. The prizes to | be presented by the Heawaasaka flag officers will con stst of one in each class In which two yacht* start, and a aecoad prize ia each elass where four or more stark Entries will be received at Mr. Schuyler's office, aa a hove, until noon of Urn day preceding the race. The course will be from buoy No. ft, mi sandy Hook, twenty tunes to windward and return, if ibe wind permits, or twenty milea to leeward and return. Yachta will paa* between the Judge's steamer aad the buoy going out and cotmug home, and at tlieae potuta the time will ' betaken. Alter starting the yachts tbo steamer will pn>e*cd to the turning point, where a buoy will be anchored, which all yachts must round, leaving It on the starboard band. Should any yacht reach tne home boor (No. Ii, of) Sandy Hook), In advance of the judge's t>learner, she must pose within 100 ysrds of It, and the owner shall take tne lime when the buoy bears duo southwest, reporting the same Immediately after tho , raeo to the Regatta Committee. YACHTING NOTE. The overhauling of the yacht Mohawk has been com ] P'eletV She was taken from the Coast Wrecking Com- i pony's dock at Stapleton, yesterday and anchored off , k the club house* j LEXINGTON RACES. FOCBTB DAT OF THB SPKIMO JfBBTIBQ OF TBB KENTUCKY ABSOCXATIOB?BAZAB, M'WHIBTKB AND ELKMI TBB WIMBBBS. L.XXIXUTOX, KTm M?T Mi Tbe fourth day ol the spring wealing of lb* Ken tucky Association in clear and warm, and the traok ax tino and as fail m It waa possiblo to have it. The : attendance waa again Tory large, and iho racing gave great satisfaction. Three event! wero on the card. The Brat a aelling race, da-h of on* mile and a qaarter; the second the Colt and Filly Stakes, lor two yoar-olds, datth of Ave eighths of a mile, which had nineteen entries, eleven yf which cams to the post, and last, a mile and a half raco for a purse, between Ave four year-olds. ? XLLIXG HACB. Tne starters In this event were Robinson, Morgan k Co.'s brown nily Oyptls, 4 years old, carrving 100 Ibe.; A. Keene Richards' chestnut colt Baxar, 3 years old. JX> lbs. ; J. A. Urinsteud's cbo*inut Oily Gold mine, 4 years old, 105 lbs., and O. A. Oilman's brown eolt Grenoble, 4 years old. 108 lbs. Tbe bel ting on this race waa very even, an they all sold for nearly the same prices. Goldmine look the lead. Bazar second, Grenoble third, Gyptis fourth. The horses ran rapidly down the quarter stretch and parsed tho judgds' stand lappod, Bazar lu front, Goldmme second, Grenoble third, Gyptis fourth. Around the turn Gold'nino showed her head In Iront, Bazar second, Qronoble third, Gyptis fourth. Racing along the backstrolch, Grenoble and Gyptis moved up to the leaders, and at tbe half-mile pole Grenoble had his bead in front, and a short lime afterword was leading a length. His backers at this moment were oxultlng. Going np the hilt to tbo three qunrtor pole, Grenoble showed tho way and looked the winner all ovor, but Just as ho turned Into tbe homestretch Baxar came with a rush and challenged him. A merry run up the stretch ensued, which terminated by Bazar winning tbo race by three longths, Grenoble second, lour lengtta in advance of Goldmine, Gyptla fourih. Time ol tho mile and a quarter, 2:09>i, which ia only three-quarters of a second behind tho fastest timo ever made for tho name dlstanco, which is credilod to Grin stead at Saratoga last summer. Bazar, iho winner, IB a ?mall, well formed colt, with out any striking poluls about him. He has no white except a small star IB his lorcheud. He was put up for tale after tbo race, and waa purchased l>y J. A. Grin stead lor 91,600. COl.T AXI> FILLY 8TAKKH. This raco bad Tor starters Green Clay's chestnut filly Glennulla; J. Henry Miller & Co.'a gray, coll, by Pbao lon, dam klla Jackson; H. P. McGralh s cbesibutcoll Hugh; George Gill's brown colt, by Glen Atliol; u II. Field s bay coll Headlight; T. J. Xicuols' chestnut colt Glimmer; A. Huford's chestnut colt McWIUrier; also same owner's brown ttlly Lizzie Whips; I-yle k Scully s bay colt, by Glen Albol; sumo owner's bay fitly, by Burlington, and J. A. Grlnstead's chestnut ttlly Mahur. Miller k Co. 's colt waa the favorite, Glimmer being second choice. After many breaksaway the youngsters were started In tolerably lair order, Lizzie WhiM lead ing the Glen Albol colt secouil, MclVnir ter third and tlie others so cloae together it was impossible to separate them, ltunuing past the half-mile polo tho Glen Albol coll waiesu the lead, McWhirter second, Lizzie Whips third, Glenella lourtb, with the balance still bunched. The changes were kaleidoscopic on tho turn, but as they entered tho homestretch McWhlrter dashed away from the others, followed by tho Glen Atliol colt, Glenella third. Glim mer lourtli, and in this way they came down the homestretch, und passed under tho siring, McWhlrter leading two lengths, tbe Glen Athol colt second. Glen elia third, Glimmer fourin, Mohur filth, Hugh sixth, Miller's Pliaetou colt seventh, Lyle k Hcnlly ? pair eighth and ninth, Buford's Lizxie Whips tenth and Headlight eleventh. Timo, 1:04J{. m'wiiirtkb. Tho winnor Is a dark chestnut, with a blaie laoe, and awhile spot on tho front ol each hind pastern. Ho Htandt 15 loot 1 Inch high, with a long and resolute head good shoulders snd a line back. Tho body IB a tritlo light in frout, but he has a line set of hips aud his logs are broad and flat and well nuder him. OX? MILK AJfl> A I1ALF. Tho third race was for a purse of $340, dash of one mile aud a hall, and tho atartorawore M.J. Salyor?? bay filly Carrie Anderson. T. J. Megibbon ? by filly Klemi. .fames A Grinsteud's bay filly I'basoe Maythiw r, A Keene Ricburda' bay oo.l Kedmxu and H. P. Mc Grath's bay colt Chesapeake. The la'.icr was the favor ite at nearly even money over the field. Carrie Ander gou was first awav, Redman second, Cbesepeako third, Elemi lourtb and Phtebe Mavfiower fifth. Tue positions wero unchanged on the upper hill turn, but as they reached tho three quarter pole Elemi, Carrlo Anderson aud Chesapeake were running head and head, Redman lourtb auu Ptimbo Mayflower filth. Racing rapidly down the quartersirotch, aa they passed the judges stand Redman had Ibe best ol It by a neck, Chesapeuko second, Elcml third. Carrie Anderson lourtb und Phcrbe Mayflower filth. Going around tho turn Chess I m ake and Redman wero yoked oue length ahead ot Elemi, Carrie Auderson aud Pbn-be Mayilower bringing up the rear. Tbero was no change ol placo or I position at tbo quartor pole nor along the backs) '?? Redman and Chesapeake running neck and neck all the wav closely followed by Blemi, the Phaeton fillios trailing a l?w lengthn behiud. Climbing the hill made no difference between Cheaapenko and Redman, but when they turned luto tbo homestretch, to tbo aston I ishment ol every looker on, Elemi rushed to the Iront, and bad all the others whipped iu an instant. Shu galloped home under a pull, loading two lengths. Car rie Anderson second, ball a length ahead ol Redmau, Chesapeake fourth, PUaibo Mayflower filth. Time, 1 2:3?1?. 1 SUMMARY. 1 Lktinotox. Ky., May 11, H78-ForxTH Dat or Titi I SritiMi Mbbtixo or thx Kxmticxy Association?Fixht w .jn- a selling race, pur?o ol $300; horses to soli lor #1 "i00 carry proper weight; to soil lor $1,000, allowed i ij for t75o[ allowed V lba ; for $500, allowed 10 i lbs. One mile and a qunrter. A Kceee Richards' ch. c. Bazar, 3 years, by Jack Malone, dam by Australian, uo lbs ???????? 1 O. A. Ullman's hr. c. Grenoble. 4 years, by B.iy wood, duin IiUlo, 108 IDt. James A Grinsiead a cb. f. Goldmine, 4 years, by Australian, dam lncomo, 106 II*. - ? ? Roiiinxon, Morgan k Co.'s br. C Gyptis, 4 years, by Australian, dam Mazurka, 100 iba Time, Sams Day?Sxcoxo Racb. ?I'he Colt and Filly Stakes for two vear-olds, $60 entranco, %'lh forfeit: 1 second' horse to save hi* staka Five lurlongx. Cloaed with H' nominations. _ A liuford's cb. a McWhirter, by Enquirer, dam Ontario, by Honmo Scotland.............. ?????? ?? * George Gill s br. c. by Gien Atbol, dam Susan Over ton, by Sovereign 2 ' Green Clay's cb. L Glenella, by Glenelg, dam bally, T.b/ Nif*h(jf'K?ch.'c.' Gl'i'mmer, by Glenelg, dsra Tho JanicsJrinstead*s ch! t MohOf] by GlVroy, dam Seouiu, by imp. Eclipse 5 ' H. P. McGrath'a cb. a Hugh, by lilaruey stone, dam Crescent, by Australian.......?_.? ?? 8 J. Ilcnrv filler* Co.'sgr. c. by Phaovon, dam Klla I Jackson, uy Lightning ...??????????. 7 1 Lyle k Scully's b. I. by Imp. Harilngton, dam Ijinra limce. by Star Davis ?????? ? Lyle k Scully's b. c. by imp. Glen Atbol, dam RJith, bv imp. Sorereign ???? A iiulord's br. f. Lizzio Wnlps, by Enquirer, dam Grand Dochess, by Vandal *? 1? B. Field's b. c. Headlight, by Bayonol, dam Olivier, by Oliver 11 Time. 1:0*V ' >?tM* Day?Tmikd Racil?Purso of $300, lor a'l ages; $300 to the first and $50 to tho second horse. On#* mtloaD*l ft hair. T J. McGlbbco's b. f. Kleml, 4 years, by Asteroid, dam Edina 1 8. J. Saiyer s b. f. Carrie Anderson?4 years by Imp. Phaeton, dam Sallle Anderson A. Keene Rieliarila' I', c. Redman, 4 years, by War Dance, dam bv Solleriao ? H. P. McGruth's b. c. Chesapeake, 4 years, by Lex ington, dam Roxaua 4 James A Orinstea.l'x b. f. Pboebe Mayflower, 4years, bv imp. Phaeton, damCicily .lob-on # ' Time. !1:3SV. TO-DA* * BACINO. Tbe liberal entry to the dash of two ml lea for three year olds made speculation qulto brisk, and although tbe latent picked Ojrlon lor a winner, Bnllion waa In great demand, sn?l all tbe oil) or s fonnd frlonds. No pool* were sold on the dash of two mllea for all agra, aa It waa understood to be a walk over. The lotlowing gives an average of tbe business:? bash or TWO aiLBK. Turf Exchange. Johmen r. Ikonnt\ Ceylon 4ft tto ftO 60 28 Bullion 40 TO 4ft AO 2" 1,. umtngtonian IS 12 15 12 12 Hedcoai 10 18 1ft 16 1M Knupaitck. 10 20 1ft 12 M Bencher 9 14 12 8 4 Bryan 10 12 10 I 8 Larginnan 0 14 X 7 7 THRii-qtuKTaa mils dash. Misdeal 60 40 60 tO 25 Bill Bruce 65 40 60 48 2o (tally Gardner 20 19 20 it 10 WASHINGTON DRIVING PARK RACES. Wabiiixoto*, May 11,18TA The trotting meeting of tlto Wsabmgton Driving Aa aoeiailon at Ilrightwood Park, which baa been post poned since Tuesday on account of tbe weather, com menced to-day. The weatber waa floe, the track la good condition, and the si tendance large. Two rsces were trotted, tbe Brat event feeing for horses of the three mlnnts class, asile Learn, beat tferse In Ave, for a parse oi 1400. Tiers were four starters aa (allows:? Dim, Oscar, General Huuton (lonnerly Modoc) and uenerslMcArtbar Seven heat" wore trotted, Oacar tak ing ilia Brat and second, General Ronton the third and sixth and Dora the Drank, ffife and aevraUL Time? Dora look ?Ant money, General ttunton second sad Oscar third. General MrArtbnr was retired after the fifth heat. Oscar wm the tavoriie in the pools. Tho second event wax lor horses of the 3 :2tJ class; mile beats, bc*l three in Ave, fur a purs.- of $700. I'bree horaea started? namely, Barney K'lly, J?" Brown and Ba tenia n. Knar heats were trotted. In tne first he it Batcman took the Had, with Barney Kelly second and Joe Browu third. At the turn Joe Bruwn went tu the second place, and the horses kept these positions around the upper turn, down the half-mile stretch uud past the stand. At tho lower turn, going mound the nwm| titue, Harney Kelly began lo push Joe Krowu, uud on tlio back stretch Joe Brown lapued llutemun. but .1* they eamu around into the homestretch Barmy Kelly abut to tho Iront and came tu wiener, with Joe Brown second and Batouiiui third. Time, 2:30',. In the second heat Barney Kelly took the lead, with Joo Brown second, and Batoinan itiird, and they kept these positions 10 the upper turn, wtx-u Joe Brown went to tne front, Bnrnev Kelly breaking and fallluc off to the third plaoe; hut ?s they canie down the half-mile atretch Barney Kelly succeeded 111 passing Batetnan, but soon lost hi* advantage, and the horses trotted to the score, coming under the wire. Joe Browu ilrat, Batemun second, and Barney Kelly third. Time, 2:2S?{. In thu third heat Barney Kelly took the lead, with Joe Browu second and Katemau third. At tho turn Joe Browu went to the Iront, and, although pressed bald by Buteiuan throughout the heal, cauie in winner, Batemun second and Barney Kelly third. Time, 2:31. In the fourth beat Joe Browu and Barney Kelly got off well together, with Batemau third; but at the turn Barney Kelly leii hi* feet and lell to the tbtrd place, and these positions were kept throughout, Joo Brown winning the heal and rice. Time, 2:28. Barney Ke.lv took the second money and Baleman tho third. Before the raee Joe Brown was tho favorite. ft'MMART. First Rack.?For horses in the 3:00 class; mile heats; best three in Ave, in harness; for a purse of $400. the winner lo roceive $-50; second horse, $100, and the third $50. Bora 2 2 3 1 1 -J 1 Oscar 113343a General Bunion 3 3 1 2 a 1 3 Geural Mi-Arthur 4 4 4 4 3 dr. Ti me. 3:4a *4?3:43?. ?2:4a W?2:40:44?2:43 ? 3:4.V4". Skcoxd Rack.?For horses of tho 2:2" class; milo beats; best three In Qve. In harueR^; Tor a pnrso of $700; first horse to rccelve $450; second $150 and third flOU oe Brown 2 1 1 1 Barney Kelly 13 3 3 Bateman 3 2 2 2 Time, 2:30',?a :1*H? 2 31?2:28. BEACON PARK ItACES. Hostox, May 11, 187$. Tho spring trotting meeting at Bcaoon i'ark was in. augurated to-day with two ruoes. Five started in tho first race, lor the three tnlnuto class, purse $200, and It whs won by the brown nuro Oeorgie M., in 2:40H, 2:40J?, 2:48. 1 lie second race was for the 2:38 class. Two horses started. Tho gray maro Jennie won in 2:30, 2:40 l,, 2:3?. MR BELMONT'S STABLE BURNED. , N lew fort, R. I., May 11, 1870. Tbe elegant stable of Mr. Angusi Jielmont, of Now York, on Bellcvue avenue, was burned down this after noon despite tbe exertions of the firemen. The latter owing to the grand trades procession, which was in line, did not gel the alarm until some time alter the flro broke out. Mr. Belmont's Knglish drag and other carriages wore removed in safely, as were also tho statuary and vases which decorate his extensive grounds during tho summer season and which wcro stored through tne cold weatner iu the stable bulldiiig. Tbe stable was insured through Now York age Mies, benco the amount of insurance w not known here. Loss, $7,000. Many valuable trees and shrubs wero also destroyed ami the grounds were considerably damaged by tho engines. Tho lire is believed to huve been the work of an incendiary, as tho stable doors were all locked and the windows nailed down. The gardener in charge was in Now York. SKYLARK AND THE DERBY. The famous bay colt Skylark, by King Tom, out of Wheatcar, owned by Lord Kalmoutb, wu tbe favorlto lor tbo Darby iiuitl tho Two Thousand Guinea* was decidod ou the 3d lust. At that lima Lord Dupplln's Petrarch supplanted him tn tho attention bestowed by tbe bookmakers on the candidates lor Ilia great race which la to be tun May 31. Notwithstanding this fuct ta looking them tn tho face, however, there aro hundreds or tho shrewdest tur'mon In Kngland who yet believe Skylark cannot be beaten tho Derby dis tance?one mile and a half. Consequently In betting circles there tbe opinions expressed oy the frienda of the favorite candidates are numerous and exceedingly diverse. It will not be muny days bclore similar ex prcbsious aro heard on this aide of the Atlantic and In tho pool rooms of New York. Within the past two or three years there has been much betting In this city on the Derby, and tbe present contest will, no doubt, cauae a lively sacculation on tho beat known candi date* engaged. With tins view of tbe matter It may not be unin teresting to give the Hkkami renders ail Idea of tlio lateat allusions found in the Kn^llah sporting journals regarding Skylark, sgalnst w hose chances tor victory in the Derby there has been determined hostility ,since IVtrarcb raptured the Two Thousand Guinea*. Says the Newmarket Commissioner of the l<ondon Sportnian of recent date:? * Skylark has wintered aneommonly well, and might, with out any stretch <?f imagination, be taken for a well tumlahed limr year-old. Opinions arn, however, about eitnnlly divided between good Judges ai> to whether bis hocks will stand tbe ordeal of a preparation for the Her y. I if course they have undergone the best i>eseible treatment, both during bis taro year-old earrer and since tie ran at tlie Second October Meet ing- If (Skylark were a hunter, or a home to be u?ed tor ordinary purposes, 1 aliould nay that the dressing which blf bocks?and particularly tbe off one?have undergone would have had the deslreit elfTt, snd that they would never trouble him suain. Ho lar as he has already pregrcated In hia premutation I canootperceive that the elaorder haa al fet tud lila action, ami it will not l>e until the ground be come* bard that his barker-. Kill have anything to tear as to bis being able to "wosther tbe storm." For tbe present no man can pretend to say whether Skylark will ijire way or not In his fr paration. though there are plenty of people who will venture an opinion on t lie off chance ot tbelr being right, when they reaii) know nothing as to the n iture of the ailment. On Ins contrary, thoae who an mora anxious to give a reliable, conscientious and decided opinion mi seen a difficult point are, 1 am quite cer tain, unable to do so at preaeut. Ileetdes tbe curb on the off hock of Skylark, the Joint is coarsely formed all round. Ilerseiuen and veterinary surgeon* will >|tiiie understand me when 1 sav that It is this particular disarrangement of the hock, rather than Ilia thickened ami now aanmia liga m lit known aa euro, that is liable to be affected by the In evitable "Jar" arising from continual v ali> pa on hard ground duiing a Derby preparation. Whether tbe very grand-looklug son of Kins Tom will snccumh to the threatened danger remains to be seen. For my own part. I wutild sooner take :t to 1 about bln> on tbe day of tbe race than > to 1 at tne present time. "Augur," the shrewd special turf writer in the Sporting Lift. "<!8tb uli , tbua briefly relera to tbe Sou o? King Tom ana Wheatcar:? dkylark haa been in great force for the Derby of late, and the continuous outlays III bis favor have brought him to the diminished odda af ft to 1. 1 believe that but amall tears are' entertained ol hta standing a arena ration, and an bis crutch roil ha* aa yet been untarnished by the alain ol deleat, his frlenda may well retain confidence. Hint he Is by far the beat ol the Heath llonse three year-olds I have no doubt, and this circumstance alone must ever entitle him to re spect. Again, on the 20th ult., tho samo writer lu hta load ing article bit* tins rather facetioue reference, owing, no doubt to the thousand ami one rumors alwaya Hying about regarding tho lavorite of auou an event aa the Derby. He ?a> s:? At tbe same time. It may be noted as a curious fact that Newmarket norses bave more thmv-a happen to tlietn. on the average, tnan any other horaes. Skylark is one ot ths lateat Instaneea, and It is now averted that he Is subject to attacks ol ceiic. In aome ouartera It Is asserted that Skjlark islnme III front, and by others that be has been lame behind e\rr hiics the lliennlal at Newmarket, 1 expect to hear shortly that he has had an attack of the megrims, tbal he was born with a chinked back, and that he hae a .tone lu each ol his aidneye weighing 7 lbs. apleee, ?o that Ills Jotke.v will In- able | to rldo 14 lbs. Ie?a than l.'J llts., and that on the bora# drop- i pin,' d?wn dead after t-aaalng the Wiiiniug-pon first, au emi nent veterinarian ail 1 he tislled upon to epr-n rhe body I In tbe presence of* the stewards of the Jockey Club, and the 14 lha. we.ght of calculi being brou.ht into 1 the neigblnit-room, the horse will be allowed to hate carried the proper weight, and the Jockey be declared "all right."' It Is difficult to determine wb'-tner there am genu Ine grounds or u?t for the outbreak of ln?ttliiy a.; alnat Shy lark for the Perbj. Simultaneously. there la no t-ettlng over tbo Tact that within the last few <l*ya he has, foe some reason or oilier, he?n out ol favor in quartera usually (ap posed to be well informed. Next wees Skylark Is certain to l.e subjected to a fierce ordeal nf erltirlain. while, abould be fall 10 go to the post, or aliontd lie be beaten in Ills engage ment tortlie Coffee Room Stake* on the openingdm, wherein Forerunner Is enlered. It may he anticipated that ihe sttieul derlnu fire of hostility toward his Deritr chance will hurst Into a flame. The Sporting Times, 091I1 u|f., contains tin* aeuten tloua alioaiooSkylark ta "right" ATLANTIC CABLE AT EPSOM. OKR or MR. A. R. BTOCKWKr.L'B RRWLT AC QCIRRD T\VO-TEAR-OTJ">fl. The Hbbalp readers will, no doubt, remember that on tbo 27th elk it apprised them by cable that Mr. A. B. Siockwell, the Now Vork gentleman who had made extensive purchases of thoroughbreds in England, had with one of his nowly acquired two year olds won an , important stake at Kpsotn. This was tbe Westmloster j Stakes, about flee and a half furlongs, which closed < with thirty subscribers. Six came to the post, and I Mr. Stock well'a chestnut celt boat the other youngsters easily by a length After the race Kir Ueorge Chit , wyud named the winner Atlantic Cable. O! him the j Londan Sportsman says:? Atlantic Cable was another two year-old winner nt Epsom, and Mr. Aklen, the assumed oaineof an A.nerl enn gentleman, ta to be eongrstnlated on winning a rsce the llrst time of asking. Celerrtma, ilin dun of Atlantic t able, wss bred by Lord Falmouth, and tbe best ol her produce op lo the time the "Cable" was foaled were Hopclul and Celcr. The Sporting Tima has this reference :? Atlantic Cabiu, the winner of the Westmlsster Stakes, Ih of a belter stamp (than other two-yesr-ol-ls that ran at ipsomj. and there should be a bright luture belore him. Hi is by Macaroni, out of Celer rina. and la the property of an American gentleman, who haa spent a lortnne In blood stock in Knglaml Atiantir. Cable, who la one of the Cobb am youngsters, loeks like staying. THE POLO CLUB GBOUND8. [From the Sun, May U.] Tie Polo Club'a grouuds, In the northweitern por tion ot Jerome Park, aro rapidly assuming shape, much to tbe astonishment ot iha staid people lu West clieuer count/. ? ? ? nr. Lawrence Jorumo has ?|i?'iit much time in personal supervision ol tho work, and probably uu the lit of June the elegant bouse will bo opened to the members ot the club and itn (Ui?tt Jerome Park ta a aynonyme lor brilliant coutenl* on the turf, and tbe name retail* beautiful women, excited men, champagne glasses, lunch bsskota and last horse*; and now, with the l'olo Club, tbe park 11 bound tot>c mora attractive limn ever. The gamu ol ]>olo cotnos originally from India. There : the English officers, who In their younger dsys found en)oyment In tho old fashioned game ol '-abtiiuy," I grew wearied of acan*i>uriui; over tbe grouuds on foot and discovered that tbey might mount a horse or pony and play the gumu equally well. They were immensely pleaded with the novelty of the sport, aud it wa* soon 1 one ot the most popular amusements tor gentlemen In India. Kngluud wu? next excited over it, and uow it ta propoaed that New Yorkers shall huvo opportunity to diaptay ineir agility tu the same inicrottiug game. Mr. Harry Uluasou waa sent to Mexico to purciiaau mw tan g ponies ot the Ueit breed. He started on hia re turn to this city with twenty three ot the tlneat pom. s that money could securc in the neighborhood ol the llloUraixle, Two ol the anunala wore unable to emu. plcte tliu Juurno)', Mr. Blazon put them in tho cure of porsons by the way slue. The remainder ot the po uiea wore palely brought to this city. The mustangs were handsomely groomed, yet the trip sirectod tin-in seriousiy, uud eleven uuly were taken to Jerome 1'ark. The other ten were sent to the stubles of the Searaueus race track. The latter were thin, Sick aud weak, and refused to eat. They aeemed not to unJerHtiitid that tbey inu-t subsist on grain and hay, and aougbt for grass. They are Im proving in health, and in a day or two are to be taken to the gratis lu Jerome Park. Mr. Hlasaon la the trainer aud overseerof tho ponies, ami ta uonstaut in hia care of them. Tho ponies were (-elected for their beauty, aprlghtlneaa and gentleness, and will make a splendid abow on the grounds. Tho limit as to the height ol tue ponies haa been fixed at lourteen hand*, uud tho mal let* to bo uaad niiut be four led eight niche* m length. The ponies aro to be "bog inaned," aud tnelr tails have been cut short ? Peter Hurruiun contracted to complete the fine club house within thirty days, aud Mr. llerrman aaya that the contract shall bo lullllled. The house is ol the (iolhic style, with palatini vurauduh and lull tower. There will lie fourteen room*, incliuiliiga superb dining hall and a ball room lorty loot square, with bay win dows. A maaaivo marble mantel, seven leet in height nnd right ftel wide, is to be built in ihe west aide of tne ball room. Thu wainscoting, drupery and cornicea of thia room will lie appropriately ricn. Yesterday laborers wero draining tho grounds, and the pomes are to be sent out to level the graiyi with tbeir teeth. THE NATIONAL GAME. A CLOSE CONTEST BETWEEN THE MUTUAL AND ATHLETIC CLUBS? SCORE U TO 5. About 1,500 people gathered on tho Union Grounds yesterday afternoon to nee the fourth gftmo ol tlio serios between tho Mutual and Athletic clubs. Tho first time this ?ine met thW season it was found nocumary to play twelvo inulngs before the question of victory could be docided. As is well known, the Mutual* won this game, but tho two subsequent contests, winch were played in Philadelphia, and the ono of yesterday were won by tho Athloiio*. The weuther yesterday was very unpleasant for out door *ports, a strong nod cold northwest wind blowing with such violence a* to render outUelding very diffi cult. The Mutual*, however, should have won the game, and but lor tho bad play of Uulliuan nud Troacy would. They out-batted tliolr opponents, but lost the gauio in the field. A* will be seen by tho snore, the visitors had their nine pretty well changed about, Sutton, ttio regular third baseman, playing nt first, Fisler plavlng right Held?wlieie, by the way, he made the catch of tho game?and Mejerlo plnymg at third. The score is as follows:? ATtlLKTIC, Ml'TVAL. PI ay en. H.IH.PO.AK Playeri. H.l/I. PO. A. K Kugler. 1 1 3 4 0 Graver 1 2 3 0 0 Force 3 0 3 0 0 Start. 1 2 l'j i o Fisler 1 1 2 0 0 rreuoy 1 0 3 0 1 Meyerlo .... 12 4 12 Hollnan.... 1 0 0 4 2 Sutton 0 1 H 1 o Holdsworth. 0 2 10 0 Coons 0 1 3 0 0 Hicks 0 2 -3 3 3 Hit" 0 13 0 1 Hoot It 0 0 0 0 0 Fouser 0 1110 Mathews... 0 112 0 Kutght 0 0 2 0 2 Nichols 1 2 4 4 4 Totals.... 6 8 27 7 5 Totals.... A 11 27 14 10 I.NMNOS. Chiht. 1st 2d. 3d. ith. bth. OIK 7Ih. 61k. 9th. Athletic.. .1 Olo 0 3 0 1 0?0 Mutual .. .0 0 0 3 1 0 0 1 0?6 Khiis earned?Athletic, 0; Mutual, 1. First base by errors of opponents?Athletic, 7; Mu tual. 4. * Tlnta o( game?Two hours and fifteen minutes. Umpire?Mr. Harton, of tho Arlington club. CHICAOOS VS. CINCINNATI. ? Chicago, May 11, 1A7S. In ? game of base ball w&leh was played here to-day the Chlcagos beat the Ciucinnatis by a score of D tu 5. BASE BALL NOTES. Next Monday the Arlington* play tho Athletic*, o New York, on tho I'nion grounds . Tho Nameless, of Brook yn, were defeated bv the ! Yale College nino, at New Haven, Inst Wednesday? i 13 to 2. I . i CKICKET. The Platen Island Cr?krt Club opened Its coming season yosterday on its ^rounds at Catnp Washing ton. S. I. A game was played between tho members, Messrs. Stevens and Brewster choosing sides. The Jrouud was in excellent condition. The bowlsrs warn lessrs. Sprmue and Stevens lor Mr. Stevens' sidu, and Messrs. Brewster and Donald for Mr. Brow ser's'side. The game w.is played very well for itie opening match each member doing his bust. Mr. Brewster's side won Hie game by the tollowlng score:? stbvknh' sii>*. iihkwstkr's sidk. Seaward b. Brewster.... 2 Donald c. Satlerlhwslto, Talbot c. I'owell, b. l>. Stevens 2 Brewster 4 Satierthwaite c.Sprague, Spraguu c. Talbot, b. b Stevens 3 l>?tuld 4 Barber b. Stovens 2 Hievousiiot out 7 Duer b. Sprsgue 2 Carroll b. Brewster ? Brewster not out 14 liorke b. Brewster 3 Davidi^e b. Stevens 0 Byes, 1; log byes, 1... 2 I'owell b. Sprague 1 ? Byes 7 Total 22 _ Total 31 ROWING. THE NAUTILUS BOAT CLUB'S MONTHLY SCULL ING BACK. The first of the monthly sculling racoa of the Nautllns Roat Club came o(T yesterday afternoon on the Harlem Kivcr. The dlitaucu wax two mi Ins straightaway, and tlio entries were Gerald McLaughlin, Frederic A. Levlen and Dan. WT. Hernon. Mr. David Roache acte<l ?s referee snd starter and sent the boats away iu good ' style. When the word was given McLaughlin took ilio 1 lead, followed by l.evlcn, with Hernon last. For tho flr>t mile the hoaU kept in close company and po?*cd ? McComb'a dam with ilernon in advance, Lnvlen fol lowing closely and McLaughlin only a short distance behind. The second mile was rowed in the same order save that Me.Laiiifhlin fell oir before the upper mark wis rcachcd. They finished In the following order 1 and time:? 1?Herno n ' 2-Lnvie n K JJ? Mclaughlin 19 oo . MILLER VS. DWYER. The athletic entertainment which was held In the Olympic Theatre, Brooklyn, last night, was well at tended. Tho programme opeued with an exceedingly fine Grwco Roman wrestling match between Professor Oxard and \V. J. Austin, in which the latter, though by far the 'Ighter man, altera brilliant contest, secured a victory over his mere stalwart and muscular antag onist Tho Graico Roman wrestling was followed by a spurring match between Steve Taylor snd George Hooka, in which Taylor prevail him."if to be the better tn.'in, despite the lact that he was not at all well when ho stopped upou tho singe. These two entertainments, however, simply preceded the principal sport of the evening. The large < rowu hsd gathered to witnesa the thirty minute match with gloves between Profess >r Miller and John Dwyer. A mors interesting and rx citing "sot to ' ha> seldom beeu witnessed. Both meu ar<|Uilted themselves handsomely, and altar flvo spirited bouts John Dwyer was declared to be the vic tor, though there were many In inc audience who ob jected to the decisioo. LAW SCHOOL EXAMINATION. Yesterday the examination of the graduating class of Columbia College was commenced ?t tho I?w School, corner of Great Jones street and I.afayette place, and will be contluued every day till Saturday. Tlt* exam ?nation yesterday w.is chiefly upon the law or con tracts, *n<t the stndetils acquitted themUHves very ereuitahly. There ar? about 2J0 applicants lor gradua tion, and on the occasion of the annual Commence maul, which lane, place on the 17th Inst, the degree of Hatholor of Arts will be conferred on such as paaa. CARDINAL MCLOSKEY. The Orange Moun-aui air In New Jersey lias had a most beneficial effect on His Kmlnanco Cardinal MeClos Key. He has so lar regained his health as to be able to take outdoor exercise without the danger of a relapse lestarday the Cardinal paid a visit to Newer* and called at the opiscopnl residence, in Hleecker street, Whera he was the gutst of Bishop Corrigas. CUBA. LIBRE. ABSENT OEXERALS AND OFFICES* OF Til* FAT BJOT AllMT RECALLED TO CCBA?WHAT TBI NBW PRESIDENT OF CCBA LIBRE IIAt TO SAT ON THE SUBJECT. ? Yesterday oven ma Mr. Miguol de Aldnrai, agent of the Kepublic of Cu> a in New Y'jric, transmitted the follow ing communication to the Culian paper, La \'o? U la J'atrui, w hich will upprar Mi lla issue of tlila morning, bearing upon llie return of artny officers to Cuba belore the 20th day of nest July. The tollowing In the unbalance of the on.itmuntculion:? To rtiK Koithu or La To* W i.a I'.iThia:? 1 have to request llii you will puliliaii iu your paper tue uccroe ol tiio Chambers ul Hepresentatives o! ilia H public ol Cuba and sanctioned by tho Kxeoutive of tin- same respect;n^ absent artnv oft). ers, no that the official* sained can take cognizance of tho same. Al though the iiai wblcli accompanies it comprise* the name ol lieneml Juan U. Viliejas. tlio lima allotted tol him to ruturn to Cuba incut bo a fair time alter he It relieved of the inactions allotted to liitn by mil agency. 1 have tha honor to remain. M1UU8L DE ALDAMA. General Ageui of the Kepubliu ol Cuba. [General Villejaa la agent of the Cuban Kopublic at Kiug*t<;n, Jamaica.] Here follows the official order (Na 125), written by he 8e?r<.tary of Foreign Afliirs of the Republic of Cuba, ordering nil officers of tho Ouhati army who bar* bo?n .-em abroad on nuMlousor other government bum* uea* to return to Cuba within the period of lour months trora tlm 291b of March, 1170. The order further atatea that all officers falling to obey tins order shall loao their rank If uot on Cuban toil at tha date fixed. WHAT THK NSW HKKc'.liK.vr O* CUIIA MATH. Tbn following U a synopsis of tho communication to Mr. Miguel do Aldam.i t>y President Tomas Estrada jr l'alma, whose election to oltloe wan exclusively told in these columns a woek ago:? To carry out the foregoing decree you will cause It to be published, II possible, lu the principal papers ol too I'nitrd .Slates and other countries, and you will remit to the Socrotary of foreign A Hair?, ill your early eonvunteocc, copies of the same. You will likewise send him a copy ol each of the Cuban papers ill which It is primed. At the same lime you will proparo a Ital of the chicla and officers ol tho lib erating army who arc engaged in lorcign missions by order ol the lieueral Agency of tha Kuoublie of Cuba who can best be spared and who would make good sub* stamen, giving in all east* lull and complete data, ?o that the said projected changes call be ratified or dis approved by tliia government. The llxing of tho dale of ilieso particular officers' return lo Cuba necessarily bingo* upon the decision in this matter Herewith is a prt Jonna statement of the namos of J he absent chiefs and officers, sons of Cuba, whoto namos are inscribed on our army roll*. Accompanying are also cotumuincaiions addressed to each and all, from the Secretary of War. which you will use your utmost endeavors to have speedily placed In their hands, omitting to deliver those, however, to of. tlcer* who are in actual service, or who may be about succeeding them. owing to this matter tho names of many military officers whose names wero inscribed In the arinv roster in the lli'Bi years of the war do not now appear, and lor tins reo*on iho accompanying list sent you Is in complete. Tho preroul decree, let it bo dislinolly un derstood, applies to all chiuis and officials of tho army, whether thc.r nam en be given iu the list or uot. Accept, Citizen Agent (lenoral, the oxpression of my highest consideration. TOMAS ESTRADA Y PALMA, President Til R LIST. * The following is tho list alluded to and signed by tba 8ocr<-tary of War and President l'alma:? denn-ah?Francisco N. Agullera, Manuel Quesada Loymiz, Juan (?. 1). do Villetas. Ottonel*?Juan l.uis Pacheco, Manuel Codlua.*.aiael llubiiio, Fernando Lope/. Querulla, Ralnol Quesaaa Loynaa. Kieulmiint Colour It?J out Joaquin Puluia, Ygnaclo Moreno A?ullera. Mariano Acosta NariAo, Manuel A. Agiiiiera. Muuel I* Aguilcra, Pto Kosado. Majors?Modesto Corrison anil Molchor Aguorro. CaptaiM? Manu<d Morey, Kamon Gutierrez, Cayelano Acosta NariAo, Pablo Itebustlllo, Francisco liuccarelly. THE HAYT1AN REVOLUTION. ADDRESH OF THE REVOLUTIONARY COMMITTM TO THE PEOPLE AND TUB ABMT?ADDUESI OF GENEBAL THEOPH1LK PAIUMEN TO TBI It EVOLUTION A BY COMMITTEE?THE BEVOLU? TIONAUY COMMITTEE'S PLKA FOB THE BE CENT MARBACltES. In reference to tho rceent revolution and trouble* In Hayti and the assassinations of President Domingua and Mr. Ritmuau, tho following addruaa has be on issued by tho Revolutionary Committee at Port au Priuce, to the |<co|ilo and the array:? Fki.low Crrizsxs?A factious, despotic and cruel government has com* to no end. Liberty triumph*! l>oniin>juo uud Kamesu havo passed away, amid shame and ignominy, lcav:ug behind thorn blood ami turnery. Having obtained powor by triekery aud subterfuge they con u rely neither on our confidence nor our esteem.' For two year* we have supported them with rare patience in order to avoid fratricidal *irubles?two years under an irou rule they have plun dered the country. They havo taken away and tram pled under loot aii our liberneii. Corruption, thieving nnd ussasMuutinu became part of their *y*iem. What in the result * The 15.000,000 piastres which they have obtained from the revenues ol the country I* tho only ollsetagaliist a debtol 00,000,000ji astro*. You know that we never suffered no much. \ ou know that every en tcrprixe of whatever churacter promised by the expelled government wax never carried out; and you know th.it no functionary wan paid from tno public treasury. Without fInline tho moat sacred engagements wero hr ken. 1'liaut olUciais, a servile, timid aud purclxu ablo legislature Accepted ami voted, without a murmur, measures directly contrary to the intercut* <?(' tho pe??. pie. You hoped by your moderation to avoid intestine struggles, to keep afar the revolution so fatal to our country, but you had never renounced Itnerty; you had never abdicated into the baud* ol uny one your most sacred rignt?the sovereignty of the people. You aro bound by the mo t Intimate communion of sentiment with our brothers from nil parts of the Re public In n lew hour* your oppressor* have boru crushed. The army?that brave army which tlioy believed the vilo Instrument of their power?fully understood what ore the people * rtahts, a* their in terests nini those ol' the jieople are the same. Tho army lus joined bands with the poeplo, and we are all devoied children of a common country. Follow citizen*! you are al>out to enter Into the tall enjoyment ol your rights. You havo done right. Ilo calm and gonerou* In tiio hour o| victory. Let no son timeut of recrimination or porwnat revenge actuate you. but claim and re. ogni/.e tho reign of Justico; have confidence in your revolutionary leader*; surround your commander*; dolend them Willi your arms, sur round them by your intelligence, and together let ui labor in the ?ork of social regeneration. Taught by cruel experience, let u? not abuse ourselves; let us this time lake precautions that liberty may not IB luture bs exposed to ponI. I?otig live lilnTiy! Lung live tho Knion ! I.onlire tho Republic of 1807. one and undivided! H. KIVIKICR, President C. Arcbin, Darius Penis, Salut-Vil Victor. Juan l.oull Hippolyte, Mortn Monta*?e, A. I*. Mitton, H. Granville, 1'. Pterin, I'*. Ortol, C. Nau, David filsanre, 8. Aubert, Tracy Ribpul, T. Carnie, Francisco Tiiemn and Rtcbani A/or, member*. Following tho abovo pronunciainento is an anncnnce mcnt fur the proservatmn ol order and peace. Gen erals Petit Frere Francois and Valentine Alcantara T. Martyr are placed iu military command of Port aa Prince. Theophiie I'arisieu, General of Division, Vice President of tho Revolutionary Committee of tbe North and chief commander of tho army march ing toward' the capital, ha* issued the lollowing ad dress to the Revolutionary Committee of Port M Prince:? Animated by a desire lo secure our country from tb? tyrannical rule of Domiugue and Humcau, we begtia the revolution ol the North liltocn days ago. Wn havo not nestatcd lor a moment to make every sacriflce of personal com lor t, and il necessary ol oar lives; we nave not recoiled before the fatlgae* of so sudden , a inarch; wo listened only to tbe vmco of our country, which sa'd, "Forward! All our fatigues, our nights under arm*, counted lor nothing, sustained aa we wer* by the belief that our brother* ol Port au Prinfle would re-pond to the patriotic call. We arc not deceived. Uiory to the inhabitants of Port au 1'rinc.e. Tholr title lo the honor ol posterity In greater than ever. In ItW teen day* the revolution, begun at fhe northern ex tremity of the island, line. pushed lorwaru it* army te the very gatua ol tho c*i<ilal lU?lt without liettig obliged to spill tho blood of a single citizen. We an nounce that the army i* at tho gate* of yoar filly, ready to enter. Wo sauna you, noble follow ciitxene, with th? general senument ol Iratvruity. Tlio Rerohttionary Committee of Port au Prince ls?n?d a circular jnstllying tho assassination of Pom ague and Rameau, and giving the following ex planation :? lxuAMiTAxr* or Pour Atr Pnnrcn? In Hone relation ol sentiment with their brothers nl .lacmel, 01 tho North, ol the Northwest and ol Antlponlle. we have thrown o'f tno yoke ol Doinlnglie-Kameau Yesterday, shortly alter midday, lollowing a general outburst of enthusiasm, tho whoio population ol tbe capital arose a* one man and meted out justice on a tyrannical gov ernment. Dotmugite and llanienu tr.cd lo seek salety In the residence id ihe French AntiMMsador. in their Just indignation the people rushed on litem, and Uaineatt paid with his lile lor the terrible ? rimes ol brigandage which he had carried out lor two year*. This time the good work was being carried on Ihrnugnout tbe whole Republic. In a lew days the country was able to lejoice in ttie triumph ol the revolution and the re establishaient of democralie institution*. The committer, with all its soul, re (ones with you In having rsiwd tho cw.nir* from a stale of bumilHtlon and lorp' r !t?l? ?ini:h it had i>ee? plunged by the disso.nte rutgn ol Gflminl Michael Dominguo. Tho committee sends you ? oopy of us ilrst CnWio act, and eagerly awaits any communication yo? *V* lo make in regard to tho prompt re-est*bli?hmenl of order and pence. Have courage, lellow citizens) allsr a few more etteru ths ceautry will be wreC

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