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New-York tribune. (New York [N.Y.]) 1866-1924, December 02, 1893, Image 1

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yoi. lui.N?* 17,184.
t3lspATCHr.-sRrcr.i-vr.ri TWOW vi\i*tfp. TncMr
Washington. Dee. L?Wotto of the er-cape of Ad?
miral Hello I- nil! d Washington to-'lay in UM -feap.
of a <jal>'.'* dispatch from Minister Thompson, at
Rio, as (oUoflra: "A'lmiral Mello left the bay this
-norning on thc* Aqotdabaa, going aouth."
Probably th" hit-h tariff on cable fee?QM from
Brazil caus'-'l Ihe Minister t > confine his news to this
*Besgre statement, so the officials here are In Igno?
rance of the rc i- ms for the rebel admiral's departure
and thc st. ength ?l UM naval force he left behind
him. It te surmised, however, that fee has taken his
flagship t -ward Desterro to join forces with the revo*
liiti'.nists in lhal neighborhood, leaving the j.i.rtial
sU-ge of Kio to be prosecuted Ly the vessels remain
ins in thal port. A supposition has ben entertained
here that tho admlr.il when he left Kio would
steam north with the Intention of meeting the
Ktgtfeeroy. it was thought prohafele in that caae
that the light, unarmored cruiser would fall au eaaj
prey lo the kron -lad With hei heavy rifled guns.
But the (feet that Hello has goos south gives color
to the atom that I.':- vessel Ifl .u bad condition and
unfit to toto with the Beet cruiser, lt ia probable
?too that the hull or the warship ts bo foul from
long expofl ;ia- to the tropical watera ol Kio Bay
that the commander baa lound ii aboolutel) n?-?
Bary to 50 to some saf. place, Where her buttom
nity bo eli
Men.. . further movement! of ti.' Aquld*
abnn ar?- the objecl ol creal solicitude In official
circles ben | led thal wll n Bhe next
a-, srs In pori thi n ireal '.'i:,t' 1 Statis Clploma tlc
or consular officcT will prompU) report tbe fact
The Nary Dtp ten n ri celvi -1 ?
cable tate king. In command
of tl 1 at Kio, confli minc the
PD ,-n mr
Bouncing the depart ui harbor of the to*
e irgent admiral. Thc ti n ol the dispatch was
not riven out, bul i' . : thal lt c
nothing un ? ? indltlon ..f nff.-ilrs
at Um caph Bi islllan 1: publl -. The De
partm. 11; a arever, advt* I ol the depart*
uro of ;. British warship on the beela of lhe A quid
i 1. ;? hai . lons to < 'aptaln
Picking con. rnln# tils huies In the matter. Cap?
tain i m tl li arv .,f
the Nav) h tl il lenee, and he alli i?
left I A ms tc
him best. If I 'i ry, he may
send on ? if bl iftei thc rebel admiral,
but hf h:i nol been ord r ?: to -lu ? ..
.Uti. fl nure of Mi ll"
from tl .ii- 1 tier ol con li cture
In ll 1 . na* ri offl. era 'i..
not think t'...: .' '..i nee larlly at' nded with hard
1 I forl ' i ta- mouth of the
bay of Rio, vhlch i al thal j."i..t a mlle wida
are c., each ulde .rf Uk channel. Naval offii -rs say
it would not 1 1 steam pas)
thi.-. forts Wlthoui Injury, the chane that she
would 1. seriously ci ppled by a shot fi m the
fort.- b. li -. small. Thi departure of the Aquldaban
has 1 -i-'-l for by officers who have been
stu :
If Adi ivr.i M llo I I in escaping, the
fa.-t ;- noi known ai n h. ??
', pats-: ' Foreign 1 >:!i ie,
r>ut none came I -i..v. He thinks so Important ?
iil.-r. ol n ? tito's <?*?.-,i|,.- would certainly
hi..- been coi ted lo him. a.- he haa heard
nothing, h'- doubt ,?*. - - ol lhe report.
.ienhoi' Mendonca I dlevi "' Mi lo did sci oul "i
the harbor ll aaa his flagship Aquldaban The
Aquldab n i.r ;. pSwerfu! Ironclad of I.SOO tohfl
dtapU :.. r.i an I i rilli a.
Ph.- i- in mon u k - a:.-.l-l' i condition,
and she must, to the Minister's opinion havi taken
a gr.-.a risk tn passim ' ???' two lort! which guard
the em: hai .. -r.
Minister Mendonca ls not alarmed for the safety
of th.* two steam* ? Aim rica an I Nictheroy, which
are n.nv on the way from New-York to -i'i ihe
Petxoto Oovernment i:..!!i vessel . the Minister
says, could sully run away from thi Aquldaban,
which is a slow ship. He thlnki that the rebel
flagship, if Bhe really is on the ocean, will i robably
put in at Kunu* of tho large cities on th.- coast,
where ii.?* friends of ths insurgents may furnish
(Ood ani supppllei I.. 1!.' crew. He does not be
lieve t,hat the rebel admiral will bombard these
dtlea ? he would gain nothing by such a course
an-i only anni-- thi- enmity of tin* Inbabltanta
Senhor Mendonca wai saki i what hi Uiought of
[Admiral si mton'? statement that the Brazilians
were not a lighting peo .le. il. replied t!ia> be bad
nothing to say ?,n tl;.- subject, but added that
a food m..nv Braxlllana hr"! dtod In the service
of their country, a fact which Spoke for Itself.
Washington, Dec. 1.?Admlrul Stanton, late in
Command of the I'nlt'-d States squadron In Brazilian
wat.ru, han made known his return to the Navy
Department. <\>n.Hering the rather pw nillir BtatVfl
of the Admiral, who was relieved from his com?
mand beiau-c of his recognition of IfellO, tho ''"
belllous Ilrazilian gara] commander, lt might bl
supposed that he would avail hlmvlf ..f the oppor?
tunity afforded by hla communication tu say .-? >m.
thlntf in the nature of ..ti .-iii:.".'Hon But as fl
matter af fnu. the a dmlrali letters, of whin.
, then* are two. ar.- modell of brevity, ro short, In
rffed, as to convey perhapfl ol wounded
olgnlty. in his Orsl utter the Admiral reports hi*
arrival at New-Vork. lr. conformity With the re
Quirem-nta of the naval regulation; In th.
1'" ahnpli in New-London,
Conn. Technically, the Admiral ls ..n walting or
flers, and probabl) he trill remain .,t his h
Ntw-Londou until he receives further orders from
the Secretory of the Navy. The Admiral un
edly has enlisted Ihe sympathy of a nunn. 1 ol
'his brother ofllcers, bul it ls difficult to s.. h. w the
Secretary could have pursued .1 different course
In view of the fact that the Admiral'* conduct In
tba matter of saluting Mello, although correspond
, lng to that of oilier foreign naval officers at RI >,
iw-s made the subj.-et of a special remonstrance by
the Rraz'.llan Oovernment.
1 Providence, R. I., Dec. L?Charlei l; Pilot, of
New-York. Knited States agent of tbs I tr.iy.il ni .1
Governm nt, waa In this city .11 "rVedn Bd*y for
the purpose of attending a meeting of thi direct tb
of the United Stales Rubber Company, cf which
fee ls secretary. While here he visited the works
WC Thomas Phillips & Co., where pneumatic nun
ifeeatoctllea are being made, and also the factory sf
tha Botqfefciaa Ordnanc* Companjr. whom tht
? London. Doe. 1.?A dispatch to the Exchange
Telegraph Company from Rio Janeiro says that
the Insurgent Admiral Mello has finally sue.
reeded In forcing a passago past tho forts guard?
ing the entrance of the hay of Rio Janeiro, and
that his flagship the Aquldaban ls now "ii
the high sens. The passage wns n<>t effected
until some desperate fighting had boon
done. The entrance is guarded by Port Sao
Joao and a orator battery on the strip ?.f lund
extending northeast from tho Sugar Loaf, Fort
La ge, Fort Santa Cruz and Port PICO,
Advices from another source say that when
the Aquldaban was seen approai bing the forts
p heavy lire was directed against ber. She re?
plied briskly, and the netti was kepi op until !
phe had run past the forts and was out of I
Tange. It was se-n thal some of the shots from j
the forts took effect, and it ls Ih Meved that the
Aquidaban sustained considerable damage. The
Government forcea particularly tho troops man?
ning the water battery, suffered severely from
the effects Of th..- rapid-tire guns "ii board the
warship. Much dte rna ge lo said to have been
done to the forts by the big guns of the Aqulda?
ban, whi.-h appear t". have been well served.
The Government forces generally suffered se?
After the Aquldaban was out of range she
stood away f.>r the smith. It ls conjectured at
Rio Janeiro that she will effect repairs as rap?
idly as possible al sea, and cruise in the vi?
cinity of Cape St. Roque to Intercept the Nic?
theroy and the America, the Improvised warships
now on th'ir way from New-York to reinforce
President Pelxoto.
The Aquldaban was accompanied by an
armed merchantman. The Krit'.sh commander
aent th<* British warship Keagie after them to
ascertain the course which they took.
-a, ??
with . ther.on ; bui1.' s" ***** orters wen- placed
th* Work. onr"r"- Mr mm merely looking
,*,. ii rt i n 'ncjdent of hli visit I
thal he ? ' :' : ' ?*-? afternoon, and atated
Baturd v !"' "l'!v "r>-" "n tfew-York on
? >.- The works of the Hot. ikls. Ol
was a_B , :,r; ,"",n;n-- on ordtnan time n a
Brirtih.* " ,t,nKs and lin,.
. w ru r,,'s''-',n N"'''"-"> and .m ri, ? P
r .' r,,' , ' ! ,??"??>?'?? Phillip, .v Co. hav- been
_nn!VP5i f'y :,r''1 ?'^'x fOT -?n>? '??- on a large
ex.,.' ! i ,f;'r I''1, """'''? 0?n proji tl ea. lt is not
March. contract will be ? ..i.i before
1*-. OP IT.
London, ii.-c. l?Ia the House of Commons tab
evening a member said he ba I hi ii I .. report I I
Presidenl Pelxoto, <.f brazil had been sssasslnated,
and asked if the Oovernmenl had any roch Infor
mation. Slr Edward Qrey. Parliamentary Secre?
tary ol the Foreign Office, replied thal the Govern?
ment had received no word concerning any at
tempt np.,:i Peixoto's life.
The Destroyer wUl go oul f'.r another trial trip
to-day, sin- w.is t.i h.tve gone out yeaterday, but
the thick weather prevented. The Bantult, which
it ls sai.i lins been chartered to low the Destroyei
to BrasU, formerly belonged to the Atlas Line, and
W|S ons "i" the pioneer vessels of the line. The
yarrow torpedo boat win be taken down on the
deck <.f tn. Bantult. Charlea K. Film had n .1
turned from Providence yesterday afternoon, but
was expected back later in the dav. Thi
reporl that President Pelxoto hs I been i
waa received with incredulity In tl
day, Cable dispatches from Rio de Janeiro made
no mention ot any luch occult
GIVIXI. PARTY OP '1 il..ii El N
East Liverpool, Ohio, I>?*.*. i. Thirteen people
returning from s Thankagivlng party were
by an electric street-car on a trestle one mile ea I
of thc city at l o'clock this morning. The I
is RO feet hmg and at: '????. tr, tw. my-liv- reel high
The motorman Bighted the group as he row
curve forty feel away, coming di wu ;i Stl-i p ur,. 1.
All those on the trestle Jumped to the pound with
the exception >.f Mrs. Milton Harsha. who wai
knocked down and her head cruched. She ??
Btantly killed, li r i.r band was walking behind
her carrying a two-months-old child H. lumped
with the baby, which escaped uni inned I
received a !?.. i . m on the head, and I
fruin concussion of the brain. Laura Martin was
struck while jumping from the lr. ile,
twenty f?-"t. Her head waa badly cut, and
juries are serious Her sister Della .i mped si
ed Internal Injuries which mas prov.
Aaron Moore Buatalned cuts aboul tne fae hj
jumping against the trestle timbers Cl
(.archer had his hip dislocated, ankle si ralni
wan cul about th" face. James Cunningham re?
ceived Bligh! internal dnjurlea. The othei ??
"f the party escaped with flevere bruli 'i'i-. ?
young women Jumped eightei i. feel and ??
unhurt The ralli were slippery, ind the mot
man say? he was unable la stop thi car Mr. nnd
Mrs. Harsha had I'.-.-ii married fifteen months.
She was not y.-t twenty years "ld.
oxf. or thk rnnt-FciToits s.vm t*> t?\\*f. ni :t*\
OFFKRKD nio.ooo to WI 1 iiihiaw.
Chicago, Dec. 1.?Another delay ls to bs placed
to the discredit of ths Coughlb. casa When ihe
prisoner was brought into court thia morning appli?
cation was tliade on behalf of Ile- Slate for lie
appointment of three special I di mon ?
new venire to till the vacancies caused on i
l.v the dismissal of Oates and Wilson. Thi
seceded i". and it.- ten membera of in-- Jun
then returned lo iiuir quarters al thi Ri ?
until to-morrow morning After ths Jurors hud
withdrawn. Mr Wing, otana ll for the defence,
miked the attention of the court nod mada ??
meet tO the effect that Frank C '???
aocepted jurors, had not answered truly lo the
questions jut to him wh'.ie under sxamli
From tho stenographer's transcript ll ???
that Ream had stated that be was In Toledo al
th. time of th" first trial, and 'ha; I.!*- only *
edge of the case was tn the crude, condensed I
port- printed in the n'rs
counsel said, on the OthST hr.nd. Iliat .'
to proof thal Ri am was in tala ?
referred t". and he made ? formal motion that li<*
b dlsml 'l from lhe , ? rom
The request ?n> taken under advisement b
. 'ourt.
li was Whispered abOUl the court that one of th.
men prominent In iii ? ,-r '?-??< lion
110.000 last Wednesday if he would coi
conduct lhe case lhal i '"??_ lin w iul.1 i.
The ni fario i > have 1
by n man holding a reaponfllble position ..i lb.
. mploy of the etty, When th pr ?p tli
full exposure of thia sttempi at bribery will b
made, li is probable lhal before long r.
whose narai la known, i"it la wlihh
the ri qu. I "i lhe i roflec it" tahen Into
cuatody charged with having pa tlelpal -i In th.
nun jer or Dr. < 't< i.n. He fa Bald to hav. le ? n
the man who clo I the door ol the Carlson col
tag< behind the unfortunate physician.
Kingston. N" v., Dec. L Wsshlngton E. Conn ir
the New-York broker, iras present! I ? fi ; --i.it
llbrary "f SOO volumes to the Methodist ''burch n
Tanner! vllb Orei ne ? lounty. Mr. ?
ins summ.-rs at Onteora Park, near i.
Binghamton, N. *>'. Dec I ?'?? ?? T P
twenty-three, a nephew of Rufus T Peck, ol
land, waa Instantly killed by lhe overturning >>f
Ma carriage al Solon, Cortland County, W
day night. Hi.- neck w;.s broken In iv... pla
Olouceater, Mars.. Dec, l. -The scho nei uni
W \, t_r, of fortland. Me., New-York, for Bosl.
coal-laden, wenl ashore last night Insldi ol ?
ern Point. Several unsuccessful attempts have been
made tO haul le-r off.
Helena Mont, Dec i Miks Alfred' rut.m. ?
cowboy, flhol and killed Jim Pym, an ex-soldler,
then a restauranl cook, whoworeami ?
him by i 'ongresa for bra*. ? ry In ? ? I
Cuater'a famous fight on Ihe Little lir:- Horn, In
is:'-, pym struck Tllton and waa then flhol Tllton
Paducah, Kv. !?'-<?. L?The steamer Clyde, of
the Paducah and T. nm Rivi r Pa< ket Coi
pany waa sunk at Rockpori Bar by striking
den obstruction y. lerday morning. The Clyde
a mv.- boat, valued al ??
l>.nv.r. Cot, Dec i. 'i'h" atm townsite al tie
aold dlacoverlefl near Hartael Station haa been
named Balfour, in honor ol the Bngllah chum
. . u of bimetallism. The town my is
I | iti Used si $100,000. A board ol dlrei ton
elected yesterday. The townsite ls ti:- only pat?
ented land within miles ol tha gold Reids.
New-London, -'onn.. Dec. 1 The trial of lhi
cruiser Marblehead will take pine- here Tuesday
Th, Marblebead ls now at New-York, whene.
sh.- will -all for New-London Saturday Tl.r?*e
for the teal is the same aa th I rhlch lhe De?
troit, ('astin'- and M ichiss demonstrated their
Denlsoa Tex., Dec 1.?"Dick" Edward, wi.n thi
n'Kin of May 17, ive In Lhlfl city, kl'- '? Mr.*
Hattie Hayn. lana Hawley, Maude Kn imci
Rose Sti -var., a m to-day sent' need I -
ywiri I*, n?. pi nib ntlary. li" a i tried an i con
Vi.-*.d only on lhe charge of k;iii:;k' Mi liit'i
Haynea, the evidence being purely drouin
Chicago, Dee. 1.?'Pstrleh Bugeng; Joseph Pr oder
Kasts cass wa*1 to-dfljr placed on Judge Brentano'i
r ri. xi Monday. Eft th sids -? ready, and th.
matter ol retting a lury to try the murder i ol
thi lats Mriv- Han:.--i'i will i. ph prompt
pi o'clock M inday morning. It la expected thal
t.-n d rs or two sreek i -nil i>.
curing the lutx The evldcn e, whlcl -viii
larg ly In expert testlm >ny i - Pr,
tal condition, will be submitted ir. ii week
time, it is thought
Watertown, K. v.. Dec. i. -rive thousand fn
. bm to Watertown lo-day, sad si man* mot
dents of ths i rltj of admin thi moa! promlneni
was Governor Plower, etna I . thc Knglish
snd American exhibition trains and locom
which were shown '"'r" on their na
World's Fair to New-York City Then ? hun?
dred. ..f people lu ii!"' waltlns patlentlv rn
entrance to each of lbs trains all dai in order t"
! iss through r d ' Inspect th. m. Ths trains lefl here
to-night for I'ti.ii
Th'ii' Ifl un i.i'Jtry man somewhere in N W Vor!
:nd b" .'...verti-'ed jreeterday f .:? ir l messes to whsi
he cu'leil an "m-*c?u|!'* in the Broadway C
lot-l i :i Thankagivlng Day. At ti.e hotel VOBO r
? lav lt ".us said that th- Irate v.-.;- WB, <;.,,?? ,.,
lng In th* reading-room on Thor-dnv morning, an
when uroiised by th** beau perter, became abusive
Then h- wns put out The managers of the hote:
said they were resolved that non. but th-'r guests
should occupy the reading and W-tUng-rooms, and
the turning out of the Bleeper waa only the first
fruits of their decUlon to eject all loungera.
i:\rili TRANSIT <"o'I.M is -IOXERS AGBEE 0*
hit BT Tin: PBOI o-i'.n
ELEVATED svsii \;
There la no Institution on saith, probably,
whleh means to impress ns ko..i Intentions on
the public so fi rdbly as does thc Rapid Tranatl
Commission, lt seems to be willing to go under?
ground or in the air In order i" accomplish the
objecl for which ll was created. Bul paper
routes, unfortunately, require a golden basti
sven io enable their originators to slnh the Bra!
hole in the ground or t" erect tbe Hrs! pair of
stilts iii the air. There is Bomethlng Uk" hero?
ism in the appearance of Chairman William
Steinway at these regular biweekly meetings of
the Commission. Crippled arith rheumatlern,
with bis naturally strong Teutonic flgure
::i!"d by the ii i id ol disease, and the
operations of the silent Influences of doi
grief apparent, he comes fora ird ss one anxious
to do something for the common good, yel re?
vealing iu lur- troubled cnuntenan.,1
thal he does not, frm tl .mph slty of the
Ituatlnn, reall ki rn hot lo di it.
Tbs > lomi-li loni ? pi ent .. ? ter l iy were
Mr. Steinway, Mr. Inman, Mr, Bushe ami Mr.
Porter. For an hour oi a little i lhe B mid
Mean** iii!'- an expectant
and a ixloua crow I waited In lhe audlen _ i ?< >in
I .li. I;, SOLI i i 'Ns IN DETAIL
Shortly after il o'clock Mr. Inman apps
and took hi ? ? al ai I ne lo lg tal le. He was
wed by Mr ler i nd Mi '?? abe. Th ?
? a ne Mi. Rtelnwuy, in tbe . lng hai da of ..:
tendants, and when hs had been carefully
: pate ll public meeting of the Com?
mission to order, and Mr, Bushe read the toilo-v
Ing ri ?' nu rn :
I: lived. Thal this board herein* approves of a
plan !? in -...??? I . al ? ' ' . ?'
? i < i ni .a tie ti set ? and
. - la.
Com ry Place al ur user IVi il si .
? to Wt it Kleventh-st .
thence alon \.- I Kl. enth-fl to Seventh-ave.,
th- ii. ? ive. rn I*ortv-flftr*-*t . th>-i.< ?
? m b?u leva rd to < me-hun ir. i
and Bevenl I ence along the Klngsbrldge
road lo Its ii Hoi with Tenth-ape- n,-1?r Two
hundn i . *b.-t,'- ? acr i -a tt Harlem
Uiver Hhlp i I .-; tan I?'i\ vii Cr. <??? -a-i
lin* "t I "roadway; thence bs Broadway, *?-*ar
?i ... 'th Iheni ?? alons the
Ure of Uro.ul-. ? limits
Also a line coi i C ntre-st nt or n-*nr
Tr,on Row rum ? ll. nee along C mi- ?>! to
. ? ,: |.||. I* Wk*I
md L'l ? . Place to
aiong Po ii le> r.Ui-st. i" Sev?
en '. . ve., and ? .nnectlng with th*> struct ure at
R ..? I, Tb it the i"-n?ri_l plan sf i-onctruetlen
? . Wo .stet ? Pniversiu Place aa i
? ? nih-st. bbi'll bs with :*-.<> trurk- upon th
san..- i
That In 1 e and along ItTest-st., West
Breads and tho
H ? i to On ' .r.di ed -irv! thin, il'th Bt. the
Hon and Kti ? illway sh til
mil of the i iv lng "f four ti.<? ?
.m.- levi l whet
three tracks nhill '??? laid at th* timi of ronstru
lion, and from One-hui lred*and*thirty*tlf*h*at lo
tb- elty limit Ihci 'ia txx-x
lhere -hall h-* not loos thnn
r.- shrill b? of BUrTioleat
? ? y to permit of Ihe running -.f
Uv.?-.-ai trains |
hour l^*tw..n nations, and that the niot.v. power
il il I M it, - i..wer pol r<-<]_lrin_
< ombui linn upon i
Ihe frenchies to ..instruct and
. '. 'f --.ll raitt ..il as r.m- alon*
. >' ,?!,..,i, i ? t to tin
i ,.[ .-rate tb*- In l.-rirroind
fore i .11 ont by thia commit
S ? rv other r.uli ... 1
? - " ? ' i . . ? und i
aray and Boulevard bj
this or any othei .".'?: i -.
? i- |.; .11 ..r
.. .
? ? ' ii lion in fin-ill*
ion to tne < 'om
arith the provisions nf
the II I act ol January 31, MM, and the
li * 11 iii '.' 1R1 '? POB oliTAlvi v.. .' ij gi vt*
Wh.": ? -.,,. resolution had been read Mr. in?
man ntsnted i > l w when ths fran hla could
' Up at au lion.
Mr. Bushe replied that he did not beUevi
lt could !"? di ii" in lei 'li ni "ir" ye ir.
Mr Bi inway sni-l ihat of course Ihe consent
nv refusal of property-owners must !..? obtained
Where there were refusals the cases must go
i."i-t. and thai would Involve time. il
? was opp.lion li might take
.. v' ..i n ordei to gi I tie- pian into op 'ration
toward completion The chairman of the com
I, bj some ol ii: i- marks, Inn
Is advai!' ed for the
nt of tl ? ii ! that
if to-day, ..r at an ? tin ?? responsible canltallnts
11 ? i 'hes, ;i'"l not ? i by agi ;iis or
brokers, should come forward and give i" the
ii ? ai neel "f t heir pur-. i he
bise for the underground system could bi
?i upon i.i and easy terms. Mr. Stein*
way did not he Hate lo say that the commis?
sion waa practically in favor of tbe underground
a vote ws till . ii .ai the resolutions, and Ihey
were unaiilmou : Mr. Inman pre i
Ihe i ? on. in thc judgi i< . i
of the . airman, Ihe fi tm hlse could I."? i I
for s.'il", and when as ured that all could be
accomplished tvl bin ii year, the unanimous
a.i- rei "id- d.
Ul MK'! '.'er Ill I.I v. Miofjr.
The ? med to please Lawson ft. Puller,
who. as usual, wah pn .n. h. fact, lhere was
a general rubblm f hai ls, if n it ..f noses, when
:he ?<? lion i? -I was fully understood,
if lt was fully undi ; il.i Th.- resolution
effecting this result was lhe one nert to the
la !. reserving the right i" i instruct and oper?
ate the nini--!',:!' und or any other railroad on
iii.- rout.- adopt" I.
This resolution, possessing such a fountain of
hope for all pi ? I the several ij I
talked about, caused ;. prevalence of extraor
? i ' I- al and blandest
and ? d evl lenee ? f the blessedness ol
perfect results s -hleved existed in the fact thal
Lawson N. Pullet nra pli as. I.
The n.-xt regular meeting of the commission
will l?' held on Tu - - ? . I ?? ? nhei ??. Ii ls on
p ?? : th ii Hi. :i i'i- .ti ..-III offer .
scheme for tbe development "f rapid transit
fai UlUes "ti the Bast Side.
Indianapolis, i>'-.-. l (Special) Tie- PederalOrand
.liny baa added an ex-Conim imaa snd capitalist,
it. !!. P. Pierce, t" the Ubi of those Indicted f"i
complicity in wrecking ihe ir. Hm . National
ii.mk. of which Ti:.o.i..re !? Haughey waa nresi
o.-ni. The charge
? affidavits in ? i.it.-m.ms oi ih-- -
.r.i-'--11 :
? : . if ths VI nth (Ti ? :? i Hauti I
,-i KcG wa thli ty ????en years "ld. of No
' i "? lb-Vile
ii .--ii. m. rei .nu fiom In -
? | -s. H, (lowan was foi . iui md had
i itlng ? family ns med Jcrotcman, on tfc<
loor of Nc IE ? I Thlrtjr-fbui th-si Mi
nan ? ant best ad
fell oui nt tbs p In
nol run at i
i told thi i ollceman who
rance that all th- white peoplfl
_ _ ^_
BEPOBtA OT FldliTlSG ex reliable.
,?.,,,.,, COL, P ? :- ?? Btral MeOooh te-dap re
a, d| patch ."nm Lieutenant Jlrown. com
.n li.ts nvii tr?'":?"' '' ' avr.lry on the border, -vho
???ted that be **aa learn of no batt Ifl In Mexico,
and h>* d i<*fl not think much depend -nee caa bi
I u ,. n .torie* of serious confllcta with I M
??-., m troops. II*" reports that the Tomoohlo
.'?ji.,,? hnve been scattered Into the mountains
li^ will cause no further trouble.
downfall of a big house,
ONT. OF T1TF. L-.1U.f-_T Fl P.MS I-f IT- I.IN'T* IS
?ILITIES CTWABB of SI.000,000.
with i.a il';i' IMET9.
The boose ot Abe. Blain & Co., importers nf
goatsklna, hides, etc., ;it Ko. '.c Gold-et, tana
placed In th" hands Ot 9 re.-elver yesterday.
Tho luui.-e ls one of the largest In Its line in
the world, doing a business ol I5.000.00fl a year.
Tha receivership eras precipitated, it is de?
clared, by the sudden and unexpected suspension
of the London house of Jacob stein & Ca,
through whl.h tli" New-York linn did its blisl
nesa Atoe. Bteln, the sentoi partner, who ls
now in London, telegraphed thal Information,
ii!id also that draft** for S lari:" am..'int hnd
gone to protest. The liabilities of Abe. Bl dn
\- Co. are pis *d ni fl,.,000, with larg ? assets,
the exact amount ol which c mn l I ? de?
termined al present. The Hrm had branches
in manv foreign ? i.ui.tries, and the effect "
the failure is expected to h.- far-reaching.
i.avid WM... ol the ii B. Claflin Company,
has been appointed by Judge Bookataver, of
thi Couti "f Common Pleas, receiver for the
Brm, H" aras n luired to five a bond of 150,*
iMMi. The proceedings were brought by w. ll.
Ellldreth, s member of the Brm, for s dissolu?
tion "i partnership,
, ie Brm ls s apei lal copartnership, com?
posed "! Ah". Bteln and William II. Hildretti.
. i partners; Isaac P. T. Bdmanda of Bos?
ton, and Bdarin s. Barrett, of Concord, spacial
for 180.000 ea. h. The latter taro are In
business In Boston under iii" style of Edmands
\ Barrett, wholesale dealei i In foreign skins.
Bradstreet*! reports say thal Abraham Bteln
began the bualnesa aboul twenty years ago,
and formed the Brm of Ai-". Stein A Co. In IMS,
composed of himself add Samuel T. Preston ns
general partners, and Edmands and Barrett
special partners for (12,600 each. This amount
was subsequently Increased, until it ls now
$:.0,i ".i eii.h Mr. Preston retired from the tlrm
in UM, and Mr. Hlldreth t,.>k his place as i;en
erni partner. The partnerahlp has been re?
newed several times, and "ii July l. 1892, lt
wa. renewed for two years. Bradstreet's
.hurled the linn's credit rating one degree.
in January laal ii..- Arm's statement showed
I sts of ahout 11,004,000 url liabilities of MM.
000 (if the liabilities, W9,.were billa payable
uni open accounta The assets ? ??- I ted prin?
cipally of merchandise and Mila and accounta
receivable. Th>- business of the Brm during the
lal ii. ii ? string1 ney was somewhat contracted,
but the houae eras able to meat uii Its obllga*
tiona ut maturity.
ht aw basan nv OTHER rui.rprs
in th** application for the receiver it wm
stated thal the Brm waa Insolvent, timi th.* con?
cern had sustained beavj losses i>>- fallui
$:i.s.ooo by John .1. McConnell and M0.0M by
Charlea Illlngsurorth, both of Philadelphia
bankers had curtailed credit* and that
drafts t" ile- aitioiui! .-! ?>?? ? n h.id matu, d
in l.onion and could nol be paid. It was also
enid ihat the Bi m had tx en comix Iii -I
sustain a number of "ilvr linns by Indorsing
? h. ir commercial paper to be discounted by
the banka. lt Wag further said that Al.
S'-in had telegraphed from BagUuid lhal a
large number of drafts held by paittes who have
dis. ..tinted them, drawn by the linn nnd lt**
bea "ti Jacob Stein a Co., ot London,
had matured and could nol be paid
Tif tlrm occupies g large building at No M
ie id st a large number of i lerfcs were al w.>rk
there all da) yesterdaj Thi clerk said that
none nf the partners were In town, Mr. Hlldreth
I k. tu Boston, but that he would
? .i'n i
Horwita <- ITershfleld. nt'..rn'*y-i for Mr. Hil
?aid i hal l he ap olnl ..? ni of ? i %
i.-l\-,-r for Abe Stein ?? Ci was eua i b*
ll ire ol the h igh whl 'h they
did their London buslm sj Ja ob stein ,v <'? ?
which waa entirely unexps ted, und whloh was
not yet understood.
Drifts which had mai ired i ji Lond in, of up
mja.r0 ot 1100,000, and for which the Sew-York
nini had made i funds,
wera allowed to go to protest on Thunda)
this half! i the v a -V - : :. m I i api '?- I ?
nt for a receive! n n ler to prote I
creditors, the partnership being a ?v"".*i on...
ll <d ll ii"t I- ??:! len failure of J.ie.di
Bteln a.- Co., which I en Irelj Inexplicable to
the attorn, ys, the Brm hei ? would probably
have been able to go on. The ?> Hon In
bualnesa ba i resulted In the firm having i"
carry a lan il if merch . which
h i I helped to complli u ? land
lag this, and losses I i - recla
H m, iii-- in in did ii"t lu,v?? i . . *le _x
?. i' d n lu the late flnanclal db leh Ia
tying ii gr ial deal a hen thi uni of
bualnesa the Bi m nans., ted I si-:-. I
Han its B Hershfleld fu lld thal the
f"nii did s business of ov?*r DOO uni
There rue bram bea nil over I h< a i ld. In Eng
land. Germany, Bussia, Arabia, Ada. Australia,
i Ihina and Routh Amei lea Th ? llabllitl
about 11,000,000 in round - greater
part "f which la due I i I ink.i 'i.i bankera in
Kurope, I' ls Impoa Ible ni i r< - -n' to *4iv<? an
?sitniai ? of il." ass.-is. bul ;i li known that
Uiev ;ire large. The entire pi i rt) of iii" Brm
. , inn.- in!o the h..md., of the recelvei with?
out preferences, Mr. Bteln wenl to Eurone
.ii..au three montha ago In the regular <.rae
of business, aa li" does i vi i \ ?? ?. r. nnd li" would
Lond. n .;i once lo i i hei to take
personal rharge "f the adjusitnenl ol il. Arm's
. ".mi . Til. attomeyi i'm l In all prob?
ability the Brm would be able to adjust Ita
affairs nnd go on In bm
The news of the r< celverahlp caused great sor
iu i e in Iradi circles ind n ng ile banka and
bankers who had business relatlona with thc
I III. BOST05 M I'M I ' 1 "???; KS - '. BARRETT
MAKES KU Kt -.IN Ul \ I'.
Boston, 11 ? l (Bpe lal) \:i attempt on the
peri "f the leather flrn ol Edmands a. Barrett,
t High and Congr tu., to "any a badly
shattered Brm seemi tn have tx >n the cause ..f
their it'.int; i" the >\ :ii yesterday. The assign?
ment araa made known upon the stree! late
yesterday afternoon, and created g itmni deal
of surprise. Th.- failure ls the dlrecl result ..f
the failure In New-Tork of the Brm of Abe.
teln d Co., bul ll ls Impossible to "Main even
an .-st imi.t" "f the debts or assets of Edmandi a.
Tl ? ' i ed by the latter house
ar" Oeorge A Alu. p. "f N" 100 Devonshlre-et.,
nd I '? itello C Conv. -?-. nf \ ? Ml Common
realtb-ave Both ol - i i
to-night, but n fu lutely to make a n
estimate of the aaa oi liabilities, declaring
thal they knew nothing of itv- bualnesa of the
Bi tv. and wai tot even creditoi -.
Bdmanda I Berrett carried "ti an eaten*
?ive trade In Boston In goatskins and leather.
The Brm was al way fl rt ??? :/. i aa ? conserva?
tive ?. and ".vas rated high In consequence.
Aboul two years at:" th- two members be<
spe .ai partners of stein k- Co., New-Tork, and
pul in 1100,000. The New-Tork houae was then
malting money rapidly, and contd tied to do so
ap t.. a short tim" ago. it lg said thal for
the i'i si sis months of this year ths profit ac
. iinn ? ti i ':i i ? . ii., ra of tbe Brm
amounted to more thun MM,t00, They did n ?
draw lhi.-. -um out. At the tl:*!, of tba |
during Lha i?-'. sun ni Itela S C ? h< ix '?
bwdaaad with r>'-.t?ikins. it in stated on <?"">i
iitith"*-ity t 't ih"re was Sl.fW.!)'':! Worth Of
thin claag ,***-,, |i ii, the Ann's Warehouse, iii
New-York. They ...ubi not ba dlgprOgSlI of at
any price, conee.-uently the ll rm k >t Into a
tight place be -nusc of the lad* of ready
monev, ?-iui tuen revetaei ?et lb. They v*,ere
forced to borrow largs sums et money, and in
? rd**r tn do so were compelled to appeal to Ed?
mands & Barrett to indorse the Arm's paper.
This tli. y did to a heavy er.tent. They did not,
li-..v. ver, doubt the soli Hty of Stein & Co. It
la said that as late i il Wednesday winiam
Hlldreth, the leading spirit "f the concern, as?
sured Mr. Bdman la thal th.* firm was in na
dani,'"" whatever. Mr. Bdmanda was fully set
rn -ase by tli.- assurances, despite the rumors
which had been beard aa to the condition of
Bteln & Co. yesterday .Mr. Bdmanda received
a .-able dispatch from Alie. ?Stein, who is In
London, announcing that drafts to the amount
of C1.0M had boen proteated there. This was
what precipitated the failure, and there was
ii...liing for Bdmands & Barratt to do but to go
with them.
Mr. Edmands has always b<*en considered
Ol.f the substantial business nun of Boston.
lt was said that he v.as worth 9360,160 three
V- rs ag ? He is a director In the Lincoln and
Bunker inn National banka, and lives in a
handsome houae al No. SM Commonwealth*
ave. Mr, Barrett lives ..' Concord.
ii.ili liv- Lincoln and Hunker Rill banks
hold paper of Bdmands A Barrett, but lt is for
a small amount, and is fully covered, except in
two or three Instancee, by collateral. Neither
i'.ink will lose anything by the failure. Tom
'' ton linns had dealings with Abe. Stein
A Ca
OR THE wav -it U'l iv; DOWR
Kendrick, Idaho, Dee. L? The Carlin party, arba
were supposed t" hav.- been lost in Hitter Root
Mountalna, Idaho, and whose rescue excited so
much interest during the last few weeks, arrived
here safely, with the exception of Oeorge Colgate,
the rook, who fell Bk k and was left fo ,11" In the
mountalna. tm.- party consisted of Vf. E. carlin,
son of Brigadier-General William Carlin; .1. Pierce,
brother-in-law ol Mr. Carlin, and A. L. A. Him
melwrlght, secretary of the columbia Grant Com*
pany, Of New-York. HiRimrlWrtght gives the fol?
lowing account "f the racv'*: experience:
"The party was organised last summer and
1 from Spokane, Wash., when- they engaged
Martin Spencer as gulda and Qeorge Colgate as
cook. They proceeded by iruin to Kendrick, idaho,
and with t'-n cayuses and five weeks' provisions
?-?ruted out from that point on Se;it-mh?r If,
"The route was hy way nf Snell's Mill, V.'eippe,
Brown'- Creek, Ifusselsbell (.reek, and thence via
the I. do trail to what are known as the Indian
! ? file. s. Afty-flVfl miles from IfUSSSlshell Creek,
vt -Iii- polnl ih" trail hr inched out from the I.olo
trail, and led to Worm Sr.rings, on -'lefirwater
itiv.-r. the destination of the party, which was
reach) I on September 'X.
"Although lt rain".] steadily for thlrt"<*n days.
arl Ich Interfered considerably with the pleasure of
hunting, the party met with gl-eat success, and on
.' ber I" Started on the re-urn trip over the
I.'lo trail. After reaehing the top of the tirst
i: U-. parallel to th** Clearwater River, two and a
half feet "f snow was found and the guide esti?
mated that the snow would be four feet higher
? ii portions of the l,olo trail. Should the horses
I.ms exhausted from lack of food, the party
WOUld bs comp-lied to wnlk the balance of the dis?
tance to Bfusselshell Creek, and as the cook was
s|.-k and unaMe to wnlk. his position In that case
would h.- v> ry serious. It was consequently de?
la rt :urn to the old ramp on the ' 'le.arwater
and build rafts. If by the time th.' raftr were
completed the cook was still unnhle to walk, an
attempt would be made to float down the river
to South Fork, n-ar which several ranches were
known te he loci tefl. Fifteen days mere consumed
In building ths two raftB. then several days more
mata devoted la ? final examination of the l.<-lo
trail and in securing meat for the proposed trip
duwil th, river. The trail waa found Impracticable.
"The cook in the mesa Mme had been growing
r i .verv dav a trapper, 'Ben' Keeley, was
; ? . . .mpany lhe party, a uh the supply
of provisions equally divided on lhe rafts so a ! ?
avoid the po ill lllty "f lo ling all th. tr \ r ?
Ith . t tl raft- s aa lost, the party em
began their Journey down the river qb
Nov.mber < Two upsets and the delay caused by
tl.,- neci tatt! of examining the river In advance of
the raft j made pi grass slow, and by November
13 onlv twentv-two milos had been accompllahed.
\: thi polnl the rive- wits found I" be tull of
projecting bowldtra and th- curr urt very swift,
!?" examination resulted In th? discovery of
,i "ber ImpOJ 'able places In the river, which
rovie rafting Inpracticable, and lt was decided to
.a the rafts and proceed the remaining dis
: n. ? of about thirty miles on foot. Thi cook al
this time wa*, in a "eml-conacioufl oondltlon, tnorti
ftcatlon having Met In In hla legs he'ov. hlfl kneea
Only eight days' un.vlslons were left, and as the
.-<*"k could noi possibly live more thin i fen day?
longer, and wai besides perf-ctiy belpleas, h>- was
le ai comfortable bb possible and the res! af
rty began their Journey m\ foot.
"Thi ? were .a muss ,.f raga d
rocks on which one could ne* bi beal only an
uncertain foothold Frequently a large, projecting
.;ifr would "?. rhang the river and an hour or more
would m urned lu surmounting lt. On the
t: ii i-.i .I"- after abandoning the rana ihe party
. |iia< '. .'?!"? in, which proved to be eli ht
mt' ?- In length The river there h*-- almoat ver*
\a: ? In fr -ni 200 ni I (WI feet in bel ht.
Cjmlil ? ? i i bu hes and small saplings,
with a footing Bometlmea only a fea Inches wide.
ind ofl .un;, hundred feel abov. I ie riv.-r. the
i ? .- ,-?-. .if the party araa necessarily slow and ea*
ti-"!'!' I' h n -
'i" ? -,- were eonsumed In pisslnn through
n - ? inyon, without flhelter or blankets, and some*
. isaed by rain and snow. Very little Bleep
i. dd in.i when on the eighth dav the
? of (lour waa exhausted there w-as ample
eause to feel discouraged, but, enfeebled aa they
w,\,- (rom loan of Bleep and scarcity ot food, the
party pushed bravely on. on the tenth dav of th-lr
tramp. November 22. after having subsisted for two
days o:i tea, thr-*** (lahea fl few b tries, while
ilowly moving 'own the river and when within
!? ??? miles "i th. nearest ranch, the uart] waa for?
tuna!.lough to meei Lieutenant Elliot, who was
In charge of oi.f thi relief expeditions s.-nt out
from Vancouver Barracks."
\ rr RLES, imv1. : f_A_*_ES "ERIOt'S ivn r.irs
TO A Wt MAN. 'NH *--.i \.-.;n?'.*. V -'..IND
W \'.M\ I \ T'iVIN . TO I? Al'K.
CareleBB driving In central Park on Thanksgiving
dav led i" a collision whereby an elderly woman,
lira cronin, of .v... '',u Lexington-ave., srho eras
with hei son, wa* seriously Injured, She i confined
at her home under a doctor'a care. She and ber
eon were .-:;t.-.: In a lum wagon and wen coming
oul '?!' the East Drive, n ir Flfty-nlnth-st., when
th--y were run Into by Patrick Cook, thirty-four
?.. tra old, of Flfty-flfth-Bt, and Seventh-ave., who
rtvli ? ? i of I ii bed to fl vic?
The for.: "i ? ." Ill ti demollahed the Unlit
ind thr w both oe ai- mi ? the road. Mr
Pi min escaped with slight bruises, '"it hi- mother
i - badly shaki ri thai she b ame In enaibli.
-.td a is taken in lhal .idttloi to ber home. I'?? k
Iso Irovi Into i . ? ond li [bl wagon, and demol?
ished thal in i. en.leavoi to - ipe arrest He
a i thi . ? i u tht hv Park Ofllcer Donnelly, and yes?
terday Ju ul I'.iirke. at ? . ', ., kvllle Police
Court, commltteil him wlthoui ball to await the
result of Mr... Cronin's Inj trl.-i.
Boston i. i Eredertck Quinn, seventeen yeara
??'? I. - i'i by pl' ?: Ians ; b Ij big at the polnl
. f death from Injurl. - ? eli : In i dil rion with
? player In a football game at Franklin Park
ye li .-lay.
.1 ni; ctn is SCS <?> I ..'.v. /y .i cOUIStOB
Baltimore, Dec Th. British steamship Coys.
which arrived here to-djy from Paaagua, ChlM, re
potts being la collision on Nov nshei 12 with a Bra*
lilian schooner off Parahll i Light, aboul tan miles
outside i t (?:. ..art of that name. The sea was
rough and tba darknssa almosi bnpsneUahlfl Bud?
den!} there was ,-i crash, and the Goya's Nfsbos
'- lowered in time to savs tour of th,* crew bo?
ng lo the Oth-r Vessel. Oil,- Illilll could liol
be reached lt li not 1 . -.. t. whal the name.of t|,,.
r ink ir chooner wm, nor If more then one life waa
li rt The rescued n ?:. could not make themselves
' 'It'". I-ft th. C",a in a heat the next
morning ut Parahlba.
si'* " ?"' ." - iv,;;- or TBBBBIRB).
Top . cc'.,: wave of yesterday
Increased suffering to the
i :*..-:i.-, most of whom are
" arty fu : Sa far no fatalities have
I-"ii report ;, bal man mop arrived from there
t>-d. ? i.n i ?rho are personally acquainted with the
condltion.-i state that !t must have been imposaibl*.
me of the unfortunates to survive the frigid
weather which prevailed last night. Appeals con?
tinue to pour In upon the Oovernor and other
state o'tlcer.. for aaaiatanca, but they are power*
lass to do anything la an offl.lal war.
An Important decision, handed down yeetef-*
day by the Supreme Court, General Term, %>r
the Second Judicial District, Chief-Justice Bar?
nard writing the opinion, marks a substantial
victory fur Brooklyn taxpayers In their lone
fight agatnst the Ring; which had gained con?
trol of the Long Island Water Supply Company
and tried to effect a secret sale of Its plant
and franchises to the city at an overvaluation
of about $1,000,000 before the public should fla*
them out.
Aa a consequence of the proceedings begun
on December 22, ISM, by William J. Gaynor, aa
attorney for William Ziegler, against Mayor
Chapln, restraining him from consummating
th*- sale, commissioners were appointed by tba
Supreme Court to appraise the property. Ed?
ward M. Shepard, Hiram W. Hunt and E. W.
Btise, as a majority of the commission, mada
an award of 1.75.000. Their report to thia ot
feet was set aside by Justice Pratt as Inade?
quate, and based on an erroneous conception of
the law in the premises.
Appeal was had to the General Term, Jus
tins Cullen and Dykman sitting with Chief-Jug*
tlce Barnard. The decision Just handed down
reverses Justice Pratt's order, refusing a con?
firmation of the commissioners" report, with
costs and disbursements, and grants a motion
to confirm, without costs of that motion.
The plant of the Long Island Water Supply
Company is situated la the former town of
New-Lots, commonly known as East New-Tork,
which became the Twenty-sixth Ward of the
City of Brooklyn In 1SS6. The water company
was organized In ISSI, and a passage in the an?
nexation act, which passage, it has been
claimed, was a forgery, inserted in the bill be?
tween its final passage and the writing of the
Governor's signature, provided for the acquisi?
tion of the company's property by the city, and
prohibited the extension within the territory of
the annexed town, of the city's water system
until the expiration of the company's ch.' ter, or
else until the purchase by the city of the prop*
ertv rights of the water company.
In th?- summer of 1SS6 the owners of the prop?
erty tried to sell out to the city for $500,000.
Til" drawing of public attention to the project
by the press, the publication of the peculiar
methods by which the franchise of the com
pany had been gained, and the general belief
that tho amount asked was excessive, defeated
the scheme for the time.
A determined effort by certain politicians,
whose names have been kept secret with re?
markable care, resulted in their acquisition of
the property and franchise some months later
for $175,000. It was the exposure in cold type
of an effort by Alfred C. Chapin, as Mayor;
Theodore I*. Jack, "n, as Controller, and Thomaa
l". Kulan, aa Auditor of the City of Brooklyn, to
carry out a secret agreement to pay ->n Decem?
ber 19, 1S90, the sum of $1.250.000. with allow*
ancea for Interest on outstanding bonds, which
would have brought the total to something Ilka
$1,nm).uno. which brought the storm of popular
Indignation upon the publi ? officials mentioned
which is still fresh In the public mind, and mads
their holding of elective offices in the future
an impossibility.
Prom January 1. 1SSS, until August ll of that
year Mayor Chapln had rm opportunity, which I
be neglected, t-. acquire the plant and rights
of the water company by emlrii al domain. Hla
failure t.. Aa bo gave iii'- company's charter a
I-.-- of Ufa after August it. Uti. tot tifty yeara
from the sum..- day ,., ivm.
In 1S.2 new legislation on th<* subject allowed
the city to acquire title bj codemnatloa. Under
this act the comml ssl on t" appraise the value
of th.- property for this purpose was appointed.
Th.ir report, Which was Bet aside by Justice
Pratt, is confirmed by yesterday's decision.
Tin: OOH-iUglO-fE-IN m.. I'a ix ED.
In an exhaustive opinion reviewing tne law
and the facts in thc .-uso. the Chief Justice
overrules Juatic* Pratt, ar.d holds that the c<y_?
missioners were right la not basing their ap?
proval upon the exclusive right af the water?
works c..mpany tu furnish irater to the territory
within iii" "ld town .>f New-Liota The act of
is?:!, under which the company sraa organized,
he i.oints ..ut. grants r.o such exclusive right.
Justice Harnard declares that the permission
of the toura inn! ns contract with the company
gave no such exclusive right to the .-ompany
which, moreover, gained no additional power by
the restriction In the Annexation act This re?
striction, lt ls held, araa only Intended to protect
the company from Injurious competition until
thc city si'...uiii make a just compensation for
its property, in tha memorable tight between
Mr. Ziegler and the city offl.dals, which was
carri''.I up !?> lhe C.ant of Appeals, it was ruled,
as Chief .Jn>-ti.-?? Barnard points out, that the
Intention of th.* Legislature was only to prevent
city competition with th.wnpany until the
city should acquire such title to the property
as th.* company possess..1 before the annexation
ii.-i was passed.
From thc rep irt of thc commission, which is
thus confirmed, two membera, Edward Rowe
and Charlea EC Emery, had diss, nted from thc
majority, but they failed to name any other
figures than thi s agreed upon by Me.srs. Shep?
ard. Hunt and Pliss.
now thi. oommnoM was formed.
The history of the formation of that com
tni-isi.in is an interesting one. Mayor Boody
submitted to Judge Pratt a Hst of what he
called "representative men" as candidates for
it. Justice Pratt rejected all of them. A
majority of the men he lid select were Anally
retin I for one reason or another, two of them
proving legally Ineligible and E. B. Bartlett re
fuslng to serve. lt is said that Albert J. Ma
Donald rind ex-Judge Oeorge G. Reynolds, coun?
sel for thc city In the suit, refused to act longer
In that capacity unless another Judge com
pleted the commission. Edward If. Shepard
was Anally appointed a commissioner by Justice
By an Ingenious act of the Legislature, since
repealed, bul in force when the commission re?
ported, If Justice Pratt should set aside their re
poii the <iiv would have no appeal, while the
company ha.l tba option to appeal from his de
. ision if he should confirm it. Justice Pratt
set it aside, and appointed a now commis
simi. whose existence .eases by virtue of the
ruling of the General Term. The company han
the right to appeal from the decision of tha
Oeneral Term, but it is not thought that lt will
do so.
- - m
Hj.-B.-fT_, WtSITFlL and nUUDCLBsT.
I'lti. l.li.NKKAI. llilt.M St .MAINS Jtsl'll'li CVLMMR
ami im.m.i m i?*. ntl i.ivim; AWAY uv
.'in; I'M.'N-si. kui.ww M-A-KI-UM,
Justice Iiykinnii. In Oeneral Term, handed down
a I.. ;.-i.ni yesterday morning which Rives another
blow at the corrupt ionists in the Common Council
of Brooklyn, hy declaring the l'nion-st. railroad
franchise to be Illegal. The Inion Street Raliway
Company otfsred lo pay HMM for the authority
to build a line in i ni.m-t.. but lt was given to a
rival company that did not ofter a cent for the
franchise. John Adamson, who ls :*. property owner,
beg 'ii a salt uiiainst the company to prevent it
from building Ita road. Justice cullen adjudged
the granting of the franchise to be Illegal, and the
Oeneral Term has sustained his decision. The opin?
ion is tn part as follows:
l'lainlv lt waa a case of malfeasance, aad
1 hy the motives which actuate mon, the ts
f.>renc? ls easily drawn that the action was col?
lusive. If th*? object was not to favor the defend?
ant corporation tne act ls inexplicable. That favor
was a pecuniary Injury to the municipality, and
th** act waa a fr?ud upon the city. Official mia?
li lu.-t and bad faith are no near the domain Of
fraud that the line of partition in indistinguish?
able. In fact, to the eye of an ordinary observer.
the fraud here ls palpable. One company offered
?0,G0O for the franchise, and the oner waa re
fared, and the other offered nothing and received
the consent. We concur fully with the trial Judge
that the prevention of the realisation of money
by the city is equivalent to wat>te of the public
funds of the municipality. In conclusion, we aay, the
action of the officials waa Illegal, wasteful and
fraudulent, and the Judgment should be a___ra_flS_
with costs. _"

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