LOUISIANA.
State Taxation and the In
crease of Debt.
PUBLIC CONTRACTS.
Sad Distress in the Towns
and Cities.
New 0RUAN8, May 10, TCT5.
Here icq a fewflgurea which give some Idea of
low the affairs of Louisiana have been Managed
nuder the radical rale since 1808.
COST OP TUB LtCilSLATUEK.
For mileage, per diem and couttngent expenses
the General Assembly of the state cost, in i860,
before the war, $99,436; In ltsai, $131,489; in I860,
the year after the war, $184,906; in 1808, the year
ef reconstruction, $303,150; In 1809, $370,214; In
1870, $722,331; in 1871, $Uab,968; in 1872, $360,000; In
1873, $481,460; last year a much smaller sum, over
$200,000; but still toe Comptroller of ti.e State
nays, $40,000 above his estimates of the proper
cost.
STATE PRINTING.
Id W80 the 8tate printing coat $40,900. In 1887,
the psar beiore reconstruction, it cost $76.00a The
Legislature or 1808 adopted a system under which
?acn.parish has an otllciat organ, whlca prims at
the public cost, not only the laws, but the journals
of the Legislature and the proceedings ot police
iurles. This abuse has been checked, but not yet
entirely stopped. During Its height these petiy
looruais were, with a very lew exceptions, owned
br members ot the Legislature. Hence these per
sons every year voted themselves handsome sub
sidies, and the State printing bill, which amounted
to $75,000In 1887, jumped to $431,345 in 1889, $313,920
IB 1870, $307,000 in 1871, $lb4,752 in 1872, and $100,866
In 1873. Thai Is to say, the reconatructors man
aged to spend out of the "treasury in Ave years for
printing alone very nearly $1,500,000, and a great
part of this ihey voted into their own pockets.
STATU TAX RATE.
In 1881 the State tax amounted to 29 cents on
$100; in 1867, the year before reconstruction, to
87>? cents; In 1868 to 6a>{ cents; in 1809 to 90
cents; In 1871 to $1 45; in 1872 to $2 15; in 1873 to
$2 15, and in 1874 to $1 45, at which it is fixed,
now, I believe, by the constitution.
STATE DEBT.
Id spite of this enormous increase In the tax
rate, the debt of the state has trebled since i860.
In that year the absolute and contingent debt (by
which the State accountants here mean tho debt
owing and lor wnich the State has engaged Itself
lor the future), amounted to $11,182,377. In 1868,
the year of reconstruction, it amounted to
$16,885,682. In 1870 it haa been ran up to
$40,466,734. The report of the Joint Legislative
Committee to investigate the State Auditor's
office?the committee is composed entirely of re
publicans?gives the following summary of tho
State debt at tue beginning of the present year:?
Floating deot $2,166,171 71
Bonds loaned property banks 4.830,6*3 33
Bonded deot proper 22,134,800 oo
Contingent debt reported by Auditor. 10,896,000 oo
Contingent debt not re^ortetf by
Auditor 9,606.500 oo
$49,4)4,153 04
Add truet bonds and bonds missing.. V93.194 oi
Total $50,597,394 95
The commute* add to thu statement mese re
marks:?
Io conclusion the commission find that a large
portion of tue public deot. has arisen trom extrava
gance, profligacy aud misuse ot the revenue* of
(be riiaie; turn a-, to alt mat portion created
since 1865. the state did not realize over Ufty
cents on tne dollar, m>r was tbe amount realized
expended for the oeneflt of the State to
the extent of more tbhu one had; in other words,
tbe State liai not been actually benefited in
an amount exceeding one-iourth of tbe debt
created, nor to an amount exceeding one-half of
toe taxen collected since 1865. Ttio entire uai
lauce, say one-nair ot ail the taxes aud three
fourths of all the nresent debt, have beeu squ-in
leied or done worse wub by the administration
si me government since that date.
TAXES COIXBCIU) IN 8KVBN YEAB3.
Tbe state revenues, aa given in tbe Auditor's
rep jrts for tbe different years, were
lt?W $;i.462,069 1872 (4,312,033
18C9 *937,750 1*73 4.0.0,690
1870 6./U7 939 lt>74 .... 3.61<tKI
tall o,016,443
Total 13a, 387,606
collected in uxea Irom tbe people tor the support
of tne State government in seven years, besides
city and parish taxes.
Tbe various petty monopo ies and swindles to
which State aid waa so proluaely given, and some
of which 1 mentioned In a previous letter, account
for a email part of this huge debt and expenditure.
Such extravagance aa la mentioned by the Auditor
in tua last report (lt>75). In the following words
accounts for more:?
Thus the number of pages (In the Legislature),
which by act >o. u oi 18U is luiiusd to ten, at a
compensation ior euch of (l8o, was increased
more than sixty, and vouchers issued to mem at
irom 1160 to (lso eacit, nor was this practice con
fined to this particular class of employes, but wjs
carried to other ?la.?-f,, *uch as enrolling and
committee cleris, porters, <*?.
tie alao, in tbe aam<* report, complaina that he
has vainly tried to get toe Legislature to adopt a
new plan or asaessing property lor taxation which
"would save tbe htate (166,too a year." in tne
Auditor's report for tbe year 1871 complaint waa
made to the-Legislature oi tbe great cost of col
Meting tbe taxes, "in 1870," pays mis report,
??the actual commissions paid on account of asses
sors was (l?l,tf75, and tbe amount paid to tax col
lectors $ai6.4ll. In 1871 the cow missions of tax
oliec'ors amounted to (8tf>,'i6;i, ana that of
assessors to $2&o,838."
VBJUIUIURT.
Of course there were some heavy jobs, which
helped to run up tbe dent. For instance la the
Auditor's report lor 18711 find a statement that
our.ng the two previous years the state, under an
arrangement with the firm of Jones A Uug?s,
leases of tbe Penitentiary, bad tanned
$600,000 in State bonds lor machinery
for that institution. The leasees were to pay one
half tbelr clear profl:s to tbe state. They paid
nothing, and id 1870 transferred their contract to
another set of men, the State agreeing thereafter
to accept $6,000 a year in lieu of all profits, with
an increase of $1,000 a year. He;*-en 1&69 and
187% two years, "tbe Penitentiary bad cost tbs
State $790,000."
A RA M ROAD JOB.
In 1868 the New on* ao% Mobile and Chat
tanooga Kallroad waa chartered iaVoulsiana, and
It was determined to connect Mot>?t and New
Orleans with Houston, Texas, in 18? tbe Legis
lature agreed to indorse the second mortgage
hi nda of tbe road to tbs extent of $12,500 por
mile, and to make the indorsement for every
section of tea mtlea buiit. They bui.t
seventy mtles, and tbs State Indorsed
(876,000 of their second mortgage bonds.
The next Legislature agreed in addition to
give tbe toad a state subsidy of $3,000,000 of bonds,
and of this they drew (760,000. The company now
propossd to build a railroad from Vermlilionvliie
to Sbreveport, and in 1871 the State agreed to
take stock In this eutsrprtse, $2,600,000, paying for
It in bonds, and the whole of these bonds wsrs
delivered to tbe company when they had dons
one day's work on the road I They have never
dene any more. That Is to say, tbe company have
built in all seventy miles of sn uncompleted, and,
therefore, worthless road, and received from the
Stats $4,260,000, or over $68,000 a mile, besides a
grant of tbe use of a part oi the Now Orleans
lovss, valusd at (1,000,000, and they have kept It
all. Finally, it remains to be said that two differ
ent eompsnies of Northern capitalists oflfcred to
!>uiid the Houston and New Orleans road without
saosldy or State aid of any kind, bot the Leglala"
Mrs wonid not give them a charter.
TBI LBVKE CO MP A.NT.
A great deal of money has been spent and
squandered sines tbe war on the reconstruction
ot tbs levees and their rspair, and democrats as
wsll republican* have taken part In this Jobbing,
tbe crestsit waste, howsver, being sinco 1888.
Between 1M8 aud 1871 $4,750,000 of stats bonds
W9F9 issued fur levee purposes, and stui bo iiymv
Moat or the nsoaey was spv^t by a "State Board
of Public Works," whose number* were appointed
by Governor Warmoihv *n 1871 a different system
was adopted, w-b:oH MH la In force, and under
/"which a law part/"or the revenues of the State
bus been Handed/ over for a long term of
yeara to a private corporation, with privileges
which suable tt t? misuse and squander them In a
"nwat shocking way. By the act this corporation,
which wa&te uruish a million of dollars in capital
stock. agreed to build and repair the levees ol the
State and to be responsible in damages to the
planters and farmers who should suffer loss by
overflow or crevasse. In retnrn for tbls the Legis
lature gave them a million dollars down, before
? they began work, and the proceeds, annually, for a
' term of years, of a tax of fonr mills on the whole
taxable property of Louisiana, and author
ised them to charge, against the great
fuod, sixty cents per cnblc yard for their
work. But a great part of the levee work, done
by planters for themselves, cost only from fifteen
to eighteen eeuts per cubic yard, and thirty cents
lor the avenge of all kinds of work all over the
State would be, experts ten m?, a bigh rate. In
fact, the first charge was so exorbitant that It
has been reduoed to fifty cents, and in 1874 the
levee tax, whioh the company continues to re
ceive, was reduced to three mills. But the com
pany never bad any money; tno mvees have not
been kept in proper repair, and the losses from
overflow have never been ho great as since It
went into operation; and, having no capital of
their own, If they are sued for damages they must
pay these out of the state lund, and thus, In fact,
the taxpayers pay their own insurance. The
company receive about $720,000 a year.
Tbls was one of the moat notorious Jobs perpe
trated oy the Legislature, and attracted attention
I at the time because a great many members not
i only received bribes for its support?which was
too eommon an occurrence to be noticed?but
actually gave their rec >ipta for the money paid
them. The following letter, of which the original
i is berore me, shows how openly Legislative
bribery was carried on under Warmoth's admin
i titration. The writer was then member of Assem
bly. is now State senator and member or the mate
benool Board, and, l am sorry to say, is a negro:?
llUl'MK OP RKPKXHKNTAriVKiJ, )
State oy Louisiana. j
Nkw Orleans, Feoy 26th, 1871. )
Gknti.kman ok tub Finance Committee op
Louisiana lkvkk Co.
Sius?Please pay to Hon. A. W. Faulkner tne
amount you may deem proper to pay on accouut
oi Levee Kill I being absent at the time under or
' ders of the House, But woula have voted lor the
Bui bud 1 been hi re. Mr. Faulkner is authorized
i to receive and receipt lor me. very Respectfully
: Gentlemen lour obt. servt. T. B. STAMPS.
surely the brazenness of corruption coula go no
! farther than this?when a legislator claims a
brloe on the score that he would have performed
1 tne service had he been In his place, and sends his
friend not merely to receive but to receipt lor it.
NKW ORLEANS.
The city of N*w Orlean* is made to pay a very
great part of ilie State tax, and has been,
burdened In varlotw ways by the Legislature, which
baa set apart a large part of Ita revenues for State
or special purposes. It baa now a debt of
Its own of about UB,0#0,000, and its tax rate has
been ruu np to three per cent. About $17,000,000
of its bonds are worth out thirty-live cents on the
dollar in me market. Here is an example which
tells the tale of wasteful mi8governmeut:-An
estate, which could have been sold In 1807 for over
iioooooo. showed on its books, In 187a, this re
markable condltioa:-Aitor pajlng for insurance
hu'l usual repairs, the taxes levied tbat year on
the property exceeded the entire rental by $6*0.
in the next year the receipt exceeded the taxes,
repairs and tnsurauco by $6oo. Vet, in 1867, this
property netted seven per cent on over $1,000,000
that is to say more than $70,o00, after pajlng in
surance, taxes and repairs.
It u not the weaitny alone who complain.
have spoken with at least a dozen small property
1 owners in the city and they all tell the same tale.
In tne country the small farmers complain that
they are forced to pay the heavy tuxes, while lu
many cases tnelr rich neighbors resist and are
allowed to reiuse payment or to delay. I was
struck ?Uh the story of exasperation told mo by
a mw who said;--Oue Diece of property alter
anotuer belonaiug to members of my family
had been sold out for taxes. Two year,
ago we came Dearly to the end. We could not
sell, and we could not pay the terrible taxes. I
went to the suc-rlff, and said to him, 'This prop
erty which yon are advertising Is the last posses
slonof my mothei and slaters, and their only ?up
port. I warn yja th-> on the day you put it
up at aucUo.i I a^i going to attend the
late with my double-barrelled shotgun.'
And It was not sold. Next year we were
fortunately able to pay.' Row I know
the man very well who thus did, and I know him
to be a peaceable, law-respecting cttixen, one of
I the most important and most useful members of
toe community In which he lived, fle saw thai I
was ^hooked and pained at his atory. an l said,
"What could 1 do? We were wealthy peoyle be
fore the war; wa have been coutented in our pov
erty since, and I have worked hard and lived very
economically. My staters teach schooL But tne
times are so hard and the taxes ao high that It
was all we conid do lo live, and wnen I xaw the
la*t little dependence of my mother and fitters
about to be sold io satisfy thcao cormorants and
j thieves I could not stand It."
So great is even jet the distress that the Legisla
ture has Just passed a tax redemption law, forbld
ing Sheriff's sales where inability to pay uxa- is
shown, in the parish of St. Landry alone, as I
think 1 have before stated, there wers between
November, 1871. aad November, 1873, 821 sales of
plantations and landa lor taxes. Ttie newspapers
U New orleana speak of this fax Stay law as an
act of beneficence. Vet Louisiana is by nature one
o: the ricbeat States in the Uaton and New Or
leans is ona of the greatest commercial ports. Ia
Itsnrprislng that the whole whito population of
tne state, except the offloo-holdera and their rela
tives aad Intimates, united, in 1?74, in the en
deavor to overthrow a party which has so abused
Ite powers? CBARLK8 MOliUMOFF.
SUICIDE BY ARSENIC.
\ At half-past seven o'clock Saturday night Thotr as
Vetiny, a coaciimnn, aged fifty-live years, dwell
ing at No. 1,330 Broadway, went Into the liquor
store on the basement floor of the above number
I and in a casual manner remarked to the pro
prietor, Mr. 1'owers, that ne had Just taken
arsenic. The latter, believing the man to be Jest
ing paid no attention to him. Abont
two hours subsequently Venny again en
tered the barroom and commenced converg
ing Wlth Mrs. Powers to whom he repeated
the remark about his having taken polaon,
anding that he had taken too muca, which had
?ause!i bun to vomit seve-al times and that ha
h?,i (hereby narrowly escaped with tils life. When
questioned as to tne cau-e wnich prompted him to
commit tne rash act, Venny replied thai ne nad, |
on tne da* previous, quarreled with hia wife, wao j
w e "gaged a. a cook in a family residing no town. |
and it mane him despondent. He fortner stated !
tuat tie glass containing tne arsenlo was In tne
closet in nia room. Shortly before twelve o'clock
tne same ingot Venny's room mate, a man named
Pr-iivk MnJin, asked him to come to bed but
Venuy excused himself by saying that he was
leeling so sick he would lie on the floor so aa not
l?MmimiUa?ose at six o'clock yesterday morning, i
and noticing Venn* leaning half way out of tne
window, went up to him, and, to hU amazement, ?
l0omoermcdav*?nagh, of the Twenty-ninth pre
cinct, who waa passing at the time, was iromedl- :
ateiT summoneo aad acquainted with the facta.
v?*teiday aitemoon coroner Croker and
lc J u.w.in.... hnM <1 rvaat. I
Denuty coroner McWainuey held a po?t
mortem examination of the remains and
lound in the closet of the room a g>??s
containing traces of araemo. The wife ot
the unfortunate man, on being Informed of the
tieed came to the nouae. She stated that her hns
band had been out of employment lor a long time
oast. which fact probably induced lum to commit
Lhe latal act. The arsenic, she said, bad been in
his trunk, to her knowledge, over three years, he
occasionally using It for tue purpose oi removing
W*Ve bony 'was'^onveyed to the Dead Hou?e,
where an inquest will oe held to-day.
CAR ACCIDENT.
Ust evening a* Michael Murphy, a resident of
Thirty-ninth street, New Tork cliv, was trying to
jump on board a train at the Market street depo',
m i*wark he slipped, missed his footing and fell
?ndSr tM WuSmTau arm was terr.b.y m*n?led
aad uaye to Ue luai U?e. .
SHERMAN'S MEMOIRS,
A Letter from Montgom
ery 15 lair.
HE DEFENDS HIS BROTHER, THE GENERAL.
The First Shot in Reply to
Sherman.
f Washington, May 22, 1870.
General bherman" were not
offered for sale In Washington until to-day, and, as
was expected, the demand was very great. The
full review published In the Hkuald teemed to ex
cite the curiosity ol the large number of army and
naval officers resident In Washington, as well as
toe bost or friends of General Sherman in private
life. Officials do not care to speak plainly until
they have carefully read the two volumes, now
tue .subject of comment throughout the length and
breadth of the land. Detached parte, they say,
are not enough to warrant unqualified con
demnation of what the General hat printed,
but ftom the Secretary of War down to the
lower grade or the army tnere is but one opinion,
and that Is tnat General Sherman has availed him
self ot the privilege of publishing bis censures and
atrlctures to stratify nirrmeli and mace othert miser
able. General Heintzeiman said, in speaking of
the book, that he had nothing particularly harsh
to aay about It. He did not deny he did some hard
swearing at the Bull Run battle, but the state
ment did not hurt his feelings. lie was rather
glad, In fact praised General Sherman tor publish
ing his Memoirs at this early day. He thought it
would stimulate investigation, revive the memory
of Important historical data, and enable the next
historian to do better work ror future generations
to pouder.
Yet in tho preparation of this book, which has
occupied Goneral Sherman many, many months,
your correspondent was Informed that the Gen
eral had extraordinary facilities. In the first
place, his headquarters were in the midst of the
War Department archives, which have neen care
fully arranged so as to enable the custodian to flud
in a lew minutes the least of the thousands and
tens of thousands or orders Hied away in tho
building. Then Sherman was surrounded by
members of his statr, ?nd from time to time all of
them were engaged in compiling and collating
material lor the General's supervision, who, with
untiring industry, did the llnisning strokes.
General Logan, who was here for a lew days,
said he should reserve his criticism until he had
iead the book dispassionately, and then he didn't
know what he would say or write. There it one,
however, who It too ill and too feeble, to reply, and
the opinion is generally expressed among army
officers tnat ir General Frank P. Blair was not an
invalid hla treatment by General Sherman would
have been rar different. Ills brother, Montgomery
Blair, however, has come to the defence of the
General. I called upon him yesterday to hear what
he might say in regard to his brother's treatment,
and was Informed that he had been requested
to write a magazine article and speak his
mind plainly. It Is not generally known that
Montgomery Blair is a graduate of West Point,
and served with distinction in a number oi en
gagements during the Indian wars, wbue Prank
never had a military education. Mr. Bliir, too,
hat known General Sherman for forty years, and
be was married lu Mr, Blair's house, opposite the
War Department. Tn j defence, then, which be
takes occasion to make tn courteously thanking
the magazine publisher for his request, may be
tegarded at the begmnlug of the hostile Are which
General Sherman will come under for bis course.
The letter 1* as follow*:?
William H. Browne, Esq.. Editor of the southern
Magazine, Baltimore, Md.
Dkaii sir?I thank you /or your kind offer of
yesterday to publish any reply I may desire to
make to Sherman'* reflections on my brother in
I your magazine. But 1 cannot now command the
time required to write a suitable article lor your
mugaalne, nor do I think it necessary. Toe people
? ol this country will weigh what General Sherman
Nays only at it* worth, and properly estimate him
i and my brother. All wno know Sherman know that
be la ol an envious nature, and his book would he
unllko anything else he had done if It
did not reveal this. I recollect no gener
' ous eulogy by bim of any comrade,
and the extract* published in the Herald
from hi* book are thoroughly Sherinanic. The
purpose with which he give* Haileck tho credit of
the Tennesaee campaign does not make it neces
sary to qualify this criticism, for that was a thrust
at Qrmnt, to whom Sherman owes everything, and
whom UaliecK superseded In the act of following
op hi* blow at Doneison by the capture of Aasii
vllle, and so rendered nl* victory fruitless.
Whatever may have been the opinion of my
brother'* military capacity, Sherman, under whom
he served, and whom he auccecded in the com
mand of the Fifteenth army corps, is the first to
impute to him a selfish purpose in Joining the
army. Being the recognized leader of
the military organization which proteced
the St. r.ouia arsenal lrom seizure by the State
authorities during the winter ot 1M0 and 1861, and
the man who took all the responsibility and shared
in ail the danger of the capture of Camp Jackson,
which wa* the first blow struck for the
I'nl JD, he wa* offered by Mr. Lincoln, on Gen
eral Scott's recommendation, the first briga
dier generalship for that service. This he declined
peremptorily, and insisted th.it it should be
given to Captain Lynn, the regular officer whose
aid he had succeeded in obtaining to command
the troops on that occasion, alter applying to
Sherman an l faUIng to obtain his services, who
declined on the ground that he had no confidence
In volunteer troops, a principle to which he
steadily adhered, taking good care never to volun
teer any service to the government, or lift a finger
for It till commissioned as a colouel in the regular
army.
Nor did my brother ever seek military pro
motion. It wa* only In response to the urgent
and peraonal appeal of Mr. Stanton, after tne
second Bull Run battle, wben great discourage
ment wa* felt, and recruiting had come 10 a
( star.il still, and it was necessary for the Govern
ment to avail Itself of the popularity of aome of
the puMic men in Congress, that he and
other republican leaders left their seats to recruit
In their district*. He succeeded in recruiting
seven regiment* within * very short time, and It
was with a brigade from part of thia force that, in
1802, he stormed the work* at Chickasaw Bluffs,
which protected Vickaburg, and which he failed
to hold only becanae Sherman failed to support
bim.
I recall two other signal occasions when the
force under my brother'* command failed to
secure tne fruits of well fought field*, by reason
of Sherman's timidity. One wu at Chattanooga.
Having crossed the river and beaten the
enemy in front ot them, the Fifteenth
corps was In a position to Intercept Bragg'*
aimy In fall retreat before Grant, but Sherman or
dered the corps to be withdrawn and let Bragg
eacape. Again, at Bentonvine, wnere, while John
ston was attempting and failed to crush Slocum,
my brother's corps, by rapid marching m the di
rection of the firing, wa* enabled to get Into hi*
rear, so as to have effectually cut off hi*
re'reat, the division commanded by Mower
being actually in the camp which Johnston had
left to attack Slocnm, he was obliged by Sher
man's order to withdraw and let Jonnston
escape. Hardee wa* also allowed to escape
out of Savannah. How does It happen
that, while commanding the finest army
that ever toot the fleld, Sherman never cap
tured the entmy ? The explanation of this inva
riable failure Is found In bis constitutional timid
ity. This enabled Sydney Johnston, at the head
of 2S,ooo men in Kentucky, to fill him with pants
at ths bead of iAooo, and Prlos to stamped*
him, when relieved and transferred to
Missouri. Ths truth Is that hs never did
anything until hs came nnder Grant's
upmaduu cawnmud. and had Ola nerves itsadisd
by Grant'! pluck. It la not surprising that so dis
creet a commander should misjudge a bolder
uature, and especially one wtio, although he bad
not studied algebra at West Polur, at the govern
ment expense, was so Inconsiderate of himself as
to take up arms for the defence of that govern
ment, wban lis enemies held both the State and
national governments, and when be not only bad
no color of authority to protect him and the meu
who stood by bun. but wan in peril from both gov
ments, and did thin, too, not only without pay,
but spent all he had In the world to arm hi* meu.
Nor did mr brother aspire to the comftiaud of
the Army or the Tenuaasee on the death of
McPberson or fall in giving General Howard sup
port when h? was put in tiiat position. Logan,
who held an older commission thau my brother,
did assert bis rigtit to succeed to this
command, and was somew.iat restive and
oiscomented when It was refused him.
But General Howard expressed himself to me as
! much gratified t>< my brother's course, and saiu
that the support which my brother cave him was
of the greatest assistance to him. There is, in
deed, not a circumstance irom flrst to last to jns
tuy Snerman's refleotton upon my brother, and 1
confess my surprise that he should have given
utterance to It. There was a slight unpleasantness
between them at the outset of their association,
1 growing out of Sherman's jumping to the coueiu
i aion, without the slightest reason, that my brother
; had prompted some newspaper disparagement of
him. My brother properly resented the unputa
! tlon and Sherman apologized. Hut tlie effect of
I this, my brother thought, was to establish
I kind and confidential relations between them
I ever afterward. It Is true thai he felt that Sher
man bad failed entirely in any recognition of 'ala
military services; but, as this was a magnanimity
of whioh all who served under shormaa
knew film to be incapable, no did not com
plain of it generally, and only on one
occasion do I remember of his showing any
feeling for t'io slights which 1 knew irom others
; had been put upon him by Sherman. That was
with respect to the battle or Atlanta. There, it
will be romembered that, in consequence of hav
| ing sent off all the cavalry to protect the railroad
; communication, Hardee was enabled to march
' around Atlanta and full upon tho left Hank and
' rear of Sherman's array, commauded by my
I brother, killing McPberson at. the flrst fire, while
Cheatham attacked him in trout. Sherman
reiused to credit the nature of the attack when
> it was communicated to him by my brother's aide
I da-camp, and delayed sending support, sayinir
J that Hardeo coald not have got there
without opening the city to Thomas, whosa
corps was in front of Hardee's position
; within the city. This left tho fight to
be carried on ail day lonir, until twelve o'clock at
I ntght, by the Seventeenth Corps against alternate
attacks In front and rear, until it was gradually
swung around upon its right flank as a pivot,
driving out Harueo from behind It. This the
corps was enabled to do by the precaution which
my brother had taken to sslee and
fortify and arm with artillery a command
ing position on Its right flank. The position
enabled him to enfilade the enemy with terrlblo
effect at every attack. The capture of the position
was attended with considerable loss, for which
my brother was severely censured at the time by
many of the army correspondents. But this post*
tion and the desperate courago of the troops
under bis command saved tho day, and yet
1 his nainai Is not mentioned in the report of tho
battle. To make amends for It, however, very
I honorably mention Is made of some of his subordi
' nates. ijiiitary annals do not afford a parallel
for this, and yet my brother never spoke of it but
once that I now recollect, and then with far less
feeling than was evinced by some of the subordi
nates wkom Sherman had extolled wno havo
olten spoken to me on the subject. Truly, yours,
MONTGOMERY BLAIR.
Falkland, Montgomery coanty, Md., May 21, 1875.
Until the tboughtinl army otllcors And, by per
sonal examination of tho "Memoirs," bow lar they
have been abased, it is not likely there will b?
much open censare. The conduct of General
Sbermau at and about Atlanta will, It is s*id,
come in for severe crttlclcism, and statements
maybe made that will weaken hts presumption
in censuring those who strove earnestly to aid
blm in every movement.
GLENDEXNING REFUSES TO YIELD.
HZ AVOWS HIS DJETEimiXATIOJJ TO "ST1( g"
AMD DO GOOD AT ALL HAZABDb?XHI TfiO
POHjcf* OMrBOltlflE A failure.
The ramor that tbe R?t. Jonn S. Olendenning
would vacate tbe* pulpit yesterday, owing to tbe
pressure brought to boar by several ministers au<1
elders of the Cnurcn who aro anxious
to avoid a special session of the presby
tery proved to be unfounded. Ilia irtenda
In tbe congregation encouraged blm to persevero,
and. In tbe language of one prominent member of
| tbe cburcb, to "live all this opposition down."
Accordingly. Mr. Olendenning was In the pulpit
a few minutes beiore iLe hour of opening tho
service. A handsome bouquet graced the aland
beside him.
i An attempt baring been made to effect a com
promise between hi* aduerents and his opponents
the latter stau-d that tiiey were steadfastly op
posed to hi it, because they felt that his useiulaess
ior good belonged to the pa-u. Mr. Uleiidennlng
boldly repeileu this charge yesterd iy. Ho corn*
meuced by takicg bis text Horn Galattans,
vi., ???"Let us not t>? weary in wen
doing, for in duo season we shall reap
If we faini not." Alter sneakingon the great im
portance oi doing well In a spiritual sense the
proa-iier Maid:?there is a moral cowardice in
our'lav that prevents ns Iroin acting, in our lu
dt.idual capacity, through fear of ttie popular
clamor It migiit arouse agaiu-t ns. We t'"'l
more of tho individual man and less of the
?oetety. Duty is a tiling thru lies between
ourselves and God, and is independent altogether
I of what oth<-r men may say. Tne moment a man
pauses and asas Himself whether the pursuit or
outy win affect his business in life, how u will suit
Itis convenience, or even now tar it will affeci iMs
?a oty, that moment he begins to tail. When
Lutner established trie Reiormation there were
f tlioasands ready to throw off the yoke of Rome
but ttiey were afraid ol con*i queuce*. a;raid of
the world at >und, to give utterance to their teel- i
ings till tue one bold man ro ? up and (lung off
the yoke. Tnen tbe multitude wUo stood r>-ady
followed iitm. To >10 good and comont evil re
quires patient energy. Even with tlie best of us
mere is an inherent devil in ns win
wlilen we tnnst contend. It I* a mist..to >
to nuppose tint the principle of grace remains iu
ns through its own tendency. We nave to en
counter our own evil passions, lor every step
downward increases the momentum to ino abyss
of ruin. Well doin< brings with it appropriate re
wads. The power of tne < bureh to < onvert the
world must lie in its preserving its distance from
the world, so that it is a mi-take in our tunc* lor
the Oared to aim at converting Hie World t>y
malting concessions to popular pleasures and
popular prejudices.
FIRE AT THE HIPPODROME.
Yesterday afternoon, at about half-past three
o'clock, a Are broke out In the Hippodrome,
and for a time It was feared tnat the building,
which is sooa to be opened as a summer gar
den, wonld be rendered unfit lor use for some
time. Tbe lire broke out in the upper part of
tbe wing on tbe comer of Twenty-slitb street
and Fourth avenue, where a lot of
bed clothing had been stored. As soon
as the Are was discovered the watchman, Mr.
Turner, sounded tbe alarm and then turned on
the water through the bose eoanecteu witn tue
building, but before be had time to entirely extin
guish the Ore the firemen were on the spot, aud
sooa a halt-dozen streams of water were fir.z
lug upon the burning materials. The loss by fire 1
is small, but the damage by wster will amount to
several Hundred doi.ars, as much pioperty in flie
shape of wardrooe aud arena equipments
belonging to the Hippodrome company was stored )
on ttie floor below. It was intimated by one of
the managers of tho Hippodrome company that
tbe place was set on fire, as during u.is warm
weather no furnaces are kept going, and he eonid
aot conceive why a lire should oe in that part of
the building. The propertv is taily Insured, but it
will take some time to replace it. as much of it
wss papier-mache work. Itis tho inten iou of the
Hippodrome agent to have the ailair tboioughiy
.avesugated.
FIRE IN HARLEM.
|
At about five o'clock yesterday afternoon a lira ,
broke out in tt>< iw? story frame bnliding used as
an office by the Harlem Navigation Company, on
the noes at tne #eo? ?f iw*?.\ street. The damage
is estimates at tl.?oa whtua is covered la Insur
sues.
THE FETID FLATS.
M'Qnaid'i Place of Skulls and What the Peo
pie Think of the Garbage Outrage.
Anticipated Spread of Disease During- th^ Heated
Terra in Harlem and Vicinity.
Tbe utmost indignation has been aroused
amour tbe citizens of Harlem and tbe upper part
of the burgh of Yorkville by the publication in
yesterday morning's Herald of tbe details of tbo
sbameiul usage* of the Police and Health depart
ments In depositing tbe collected garbage ami
filth taken from all the hideous alleys and gutters
of (to festering side streets of the city in the
bowels of tbe llarlem Flats, some of the most
prominent citizens of the Hariera dlsTrfct'Tiave
already begun to consult with eacn other with the
view of holding a public mass meeting Immediately
for the purpose of getting at the seusa of the in
habitants as to how this shameless outrage on the
i people wnj aro householders and residents can
be stopped.
MONET CAN BE RAISED.
A passenger riding in a Third or second avenue
car, as soon as the horses' heads strike Klghtr
slxth street going north or 115th street coming
south, finds the stench wafted In through the car
windows, smiting bis ol-factoiies as the As
syrians were smitten in the night. Even stransers
who do not reside in Harlem or Yorkville are forced
to endure trie horriole smell while in tmnsitu, ana
this is by no means as slight a matter as It might
seem at first. For every breath of air that is in
haled by the lun^s of these unfortunate passeu
g< rs Is poisonous, and the germs of a moat deadly
disease are often laid in a moment's time, while
those who oreathe the fetid odor may not feel the
effects for days or weeks, or even months. It Is
saiil that $10,000 can be raised by Immediate con
tributions if some four or live public
spirited gentlemen will only take the mut
ter in uaud to prosecute the contractors
who dare to trltle with the lives of
the people of Harlem in this piratical manner.
Even slaughter houses would be preierablc to this
everlasting damning of the remse of a great
city on these marsh lands. Manr persons ue
| sired to know yesterday it It were not possible for
1 ati attachment to be served on the Corpora
I tion Counsel to prevent lurther (lumping of this
j very offensive kind. It U very certain, however
I that a mass meeting will be shortly neld In Harl
leui to devise means to put a sudden stoppage on
; Mr. Mcyuald's lutie contract.
I THE POLICE GETTING ANGRY.
The police officers of the Twenty-third pr?clnct,
I whoso station house la in Eighty-sixth street
I have, in the course of their duties, to traverse on
; their best3 mauy blocks ot this lniected distilct.
and their feelings may be imagined when it is
| known t.iat they have twelve hours, from dark to
, dawn of daylight, on post In Stcond and Third
1 ?.v?nnes and ttle cross streets adjacent to the
McQuaid Golgotha. One policeman, who was quite
: auxious to have his opinions ventilated, spoke to
I the writer as follows:?
PLAIN TALK.
I "\ou see I am a man of family and I have been
on the police Ave or ?lx years. It is not to e*?y
as a great many people think to be a policeman
and do your work honestly. You nave so many
! things to watch and there is certain to bo some
, brother omcer wno is a bad lellow, a liar and a
j scoundrel and who Is always willing to assist the
j rouudsman or sergeant to trouble you by netting
| your confidence and then betraying you
1 to the other scoundrels. Well, that
j *ccps a man thinking, and of course
j while I am ou my beat?1 have aii/ng one, too, as
we all have?I have this stench coming into my
uiuuth and nose, uutll sometimes 1 (eel as If I were
going to faint and lay down In tue marsh, of
I course, If I could afford it and 11 I was allowed to
j u" 111J stomach wiih brandy, I am certain that 1
wouid not leel the faintneSHcomiug over mo iroui
J the bad smell that Is raised by this dumping.
.1 y' .. ,iacl to tak;e on? ct tbem Italians
tbo other day?and, mind yon, they have
pretty tough stomach*, for they can eat
anything and can driuk sweet oil as easy as I can
drink cold water?I had to take him away from
the scow and get him a cup of coffee, he was so
sick. iou see his dumping business was too
much for nim, and he had to weaken like a cat
Some of the worklngmen who live on my flat
have to get up cany in the moraine and get their
breakfasts, and this smell strikes them as soon as
tney leave the house. Now, that. Isn't a very
nice thing for a man to get as he is
starting for h?s work, even if &e has
his brcakiast. But If he doesn't get his breakrastf
huppose bis wife is sick in bed from tbe same oad
smell that comes ftorn this devilish dumping uls
trict aud the man is in a hurry to ^et bis car and
go down town to work and can't, get his breakfa?t
what thenf 1 ain't no doctor, I ain't, and I can t
explain all about tbese levers; but I know if 1
came outon my beat In this place?say around ibe
foot of Ninety-sixth street?without my oreakfast
ana my stomacn was empty, wnat would be the
resultf I know that 1 would have to go to bed
from a fever. I don't want to Interfere In tne
matter, because I am a policeman and l am not
allowed to do it. but I ean g?t plenty of men m
this ueignbornood to say that there will be lots of
deaths in tho streets around here la a few days
when it becomes pretty warm weather, from this
Infernal hole. Our people ought not to allow
scow to dump one load of this diseased stuff.''
A BOATMAN'S OPINION.
A boatman, whose business is to fish and to
pit k up odds and ends, and to carry passengers in
and around Hen Uate and Hell Rock, states that
he finds that the river is last filling up with vege
laMe matter, and that as soon as the engineers
get through excavating tne rock on tbe bed of
tfce river they will have to begin excavating
the bed of the river on the west sine
of tbe data to tear up the reiusa and vegetable I
matter that is growiug iuto a garden at the hot- >
torn of the river. This boatman said his say in ?
ai-^u.ucu uiaunor:?
; "l used to get .1 little flsh in and around the
Gate before this dumping began, aud ui.in r a bam
1 captured iu the neighborhood of Mill Rock, in
ttie old times, when sandy Uibson used to
make clan chowder, and tie maue it pretty
good aiore he died, tor bo tin the secret.
But I was jtolng to talk ab ut t ie usti. Well,
there ain't no llsti, tor this man McQoald that the
UKRAi.u^alks about baa druv'em all out wuh ms
Karoage" Now, there's some nind of offal that a
d?n will eat, and they'll gather about it, particu
larly eeia?iUey'r* awfal lond of rubbi-h that's
any way decent; >ut you can't mike a fUh ti.at's
any war (jure touch an old waterfall or a r.oop
HKlrt <ium,.ed lu the river, lor, mind you. it nil
floats out, and so there la no show for auy
more flift up here nntfl this dumping ta
l in an end to. Why, a whale w nld sicken on the
smell, ana I ne.tr they have pretty good stomachs,
tt ough 1 don't say as I w? e\er on a* haling
voyage. Tiien, oeside.H damaging the flsh. you
see. 1 can't net nobody to ko on a boat and
take a row to or around any of tno ts.an is
a* t!:ey used <o wh?n tnere wasn't no
dumping, because they can't stand the damned
aiueii. When I was a boy, 1 can ted yon,
we used to hate the nicest littio parties "yon
ever sawdo*n and up ir< m where tt:era 'ere Bre
men docks are now, and there would ne lot.-* of
music and sandwichcs .m l beer in the boats, and
I would row tbetn up and uown from where the
Good shepherd IIouso is, up Into th? Hud
son Kiver and over to Astoria and
Hcros* to Ward's Island, and thou tm*y
would come back, feeling happy; but now tha' s
all over, aud jui can't get any girl to come and
lake a row with nor sweetheart, becau-e, she
says, ner clothes seta destioyed by the u.d smell
that comes out or the marshes, aud 1
donl blame her; for I sot a daughter about
sixteen, and I wouldn't thins of bringing
her out into my boat alter dark to give h* r a row
on the river utitll tun damned dumpiug is tone
away witqj'7 the Governor, or the Police or any
one who ills sot it in charge. I Mil you that I'd
give that Mcyuaid apiece <>i my inlnu if l had t..o
chauce in about two minutes." and as the old
ooatman .cased be began to smoke his brlaiwooa
and relapsed into alleuce.
RAPID TRANSIT.
the nrran> boa axd its pbotisiokr?prx
MABT O* TitB Bn.fj and its AirETOMnNTS.
Mr. James Uasted's Rapid Transit bill, popularly
known aa "Governor Tildens bill," having passed
without a -ingle dlaaentlag vote, its main features
will be lonnd of general Interest. The bill is given
below In ??etiona and, whiia stripped or much of
its legal verbiage, an of the mam points have been
preserved. Just before It was reported from tuo
Conference Committee several amendmenta were
added which are given in fall in their proner
order. The title of the bill la "An act farther to
provida 'or the construction and operation of a
steam laiiway or railways in count.** of the
State."
Section t provide* that on the application of
fifty householders and taxpayers of any connty in
tnia Slate that there is need In sucn connty of a
steam ra.lway or rail wars, tae Board of super
visors of said county may, within thirty daya, ap
point Ave CommlsHoners, residents of said
county, who shall have an aathority as beretnaiter
provided, and wherever such proposed railway
shall be wholly witsin the limits of any city in the
state then such application stiiil be made omy to
the May r of said city, and said Major shall ap
point such Commisshraera as aforesaid.
Section 2 provides that within ten davs after
tn*ir appointment each of aatd commissioners
miaii subscribe an oath faithfully to perioroa the
duties of his office, and shall stive a bond In the
penal sum of $2,500, with two sureties, prior to
entering upon the duties of his office.
\ BeiUQB 3 provides mat the c?mnnision?rS ahall
meet and organize Into a Board wltfcin fi.'teen
darn aiter appoiutmeut.
Section 4?Thai said commissioners nbail. within
thirty days after cacti organization, determine
on the necessity 01 such steam railroads, and
within sixty nays determine and locate me route
except Kroadway and Kifth avenue, nolow Kilty
nm.h street, and Fourth avenue above Fonv
necond street, in the city ot New Torlt, and ex
cept HUcti portl' us of streets and avenues ns.
are aheady legally designed lor tue mam lino
or. or occupied by an elevated or underground
railroads in active operation. Also, excepting
public parks, or lands ocupled by eoun'y buildings;
also, excepting that portion of ttie city 01 Uutfaio
between Micnigan aud Main streets, provided*
tuat the consent ol' the owners of one-hair in valun
ol the property bounded on, aud the consent o(
the local authorities be first obtained; or in ease*
the consent of such property owners cannot be
obtained the power is vested la three Commission
ers, to be appointed by toe Supreme Court, aftec
a due hearing of all parties Interested, wnose do
termination, confirmed by the Court, shall b<i
tflLen in ^ieu 01 the consent of such property
owners.
Section 5-That tne said Commissioners shall,
having invited the submission of plans, wlihm
umeiy days aiter tnelr organization, decide npoa
the plan for the construction of such railway.
Setwin d?Tnatsald commissioners shall within
a like period of niuuty days alter organization de
termine the time rrtntTl wtrtch such railway shall
be ready lor operation, togetner with the maxi
mum rates and the Hours during which special,
trains Shall he run at reduced rates, and within ?
like period of ninety d*ys shall determine t' i*
amount o; capital stock of the companv to bo
formed for constructing, maintaining aud ope
railug such railway, the number or shares aud tue
cash percentage to be paid on subscription.
section 7?That said Commissioners shall pne
pare articles of association for the railroad com
pany, with the proviso that in case oi lallnre ti?
complete such railroad wlthla the given time th?
franchises of such corporation shall tie lorleited
to the Supervisors of tne county; subscription
beoks io be opened within 120 days alter toe or
ganization of said Commissioners.
Section 8?That as soou as tue whole capital
stock shall nave bocn subscribed for by not iesg
than twenty-live persons, and itie tlxed percentage
in casu paid in tne Commissioners shall call a
meeting of said subscribers for the purpose ol or
ganization and election oi dliectors, to serve lor
one year.
Section 9 provides lor thp issuance and fl'lng of
the commissioners' eertiifcaie and directors' affi
davits, the receipt ot certified copies o wlm.li by
the Secretary oi State shall be deemed presump
tive evidence of tue incorporation of said com
pauy.
Section 10 provides for an annual election of
directors by stockholders.
Secrion il empowers directors to enforce pay
ment of subscription to stock, under penalty of
forfeiture.
Section 12 relates to the Individual liability of
stockholders for the debts or tne company.
section 13 provides that the stock shall 09
deemed personal estate, but no shares s all be
transferable until all calls due Mall have been
fully paid.
bectlon 14 provides for the Increase of tne caw
ltal stock to any amount sanctioned by a vote of
two-thirds in amount of nil the stockholders.
Section IS provides for tne personal lion iiaeilitf
ot persons holding stock lu any such couu'tuv n*
executor or trustee, or holding it as collateral
security.
Section 18 provides for action by labore re
agaiust said company iu case any contractor sh.ut
lail to pay laborers.
Section 17 empowers any such corporation nren
erally to hold real estate required for the railwav,
and in case of r.on- agreement wifh owners glvce
tne rurht 10 acquire title as hereinafter provided.
Section 18 provides lor a petition by the com*
pany to the Supreme Court lor the acquirement ol
title.
Section 19 provides ror procedure before tha
Supreme Court on such petition, and for the ap?
pointment by the Court ol Ave Commissioners of
Appraisal.
taction 20 provides for proceedings bofore and
report by the said Commissioners or a majority
thereof to the supreme Court.
I Section provides lor the confirmation of suets
I report by the Court aud tuo issuing 01 au order
statins substance of proceedings and description
ot real estate appraised and direction as ti?
manner of payment 01 mouey therefor by tha
company.
section 22 provides for the entering Into posses
sion by the company of such real estate so
acquired; also provides lor appeals ironi tha
appraisers' report by either party to the Soprema
Court and proceedings thereon, snoh appeal no6
to ailect the possession of the oompauy.
section iu provides as to payment of money foe
such real Estate into court by tue company ami
proceedings thereon ; also gives 1 be Court powec
to amend any formality or defect In the proceed
ings under tuts act and to add new parties aud to
appoint new Commissioners if so required.
section 24 provides as 'o amendment ol acquired
title by the company if found detective.
Section 23 provides that tuo Supreme Conrt
shall luve power to direct legal conveyance of re
quired realty by holders no; authorized to sen and
convey the -ame.
Section JO provides, first, for the holding ol
voluntary grants of real estate; second, tuat
notu.ng uereia contaiued -hu:i atTect the act au
thorizing tne construction or rauroads upon
Indian lands, passed viay 12, 18;ifl; third, provides
lor intersection* and Joiuintrs with outer rallroadl
previously constructed, aud upon decision ot
amount or compensation In respect ol such inter
section; fourth, empowers the company to convey
persons and property upon their railway oy steaiu
or any motor otner man auimal power: tilth, em
powers the cotnpaur 10 construct aud opera
said railway upon the p an adopted i>y the said
commissioners, excepting tuat nothing in this - 1
shall authorize tne construction of it railway crow
ing tne tract of any steam railway now in actu >1
operation at the grado thereof, or the erection ol
piers or supports f.T any elevated railway upon 4
rsuwar traclt now actually lu u<e iu an> sir?. t or
avenue; sixth, empowers tue company to issue
bonds.
Section ST provides that every rsliwav official
sf?al? wear a image, otherwise lie Shan no ii ?
titled in exercise any 01 tbe powers of nit ofll<*e.
Section provide* as to tlie conveyance ol
Coited state* mail.4.
Section empowers servants of th? rnrpori
tton to expel any passenger reririag to pay us
la re.
Section 30 provides that pn*h corporation mint
famish sufficient accommodations ior lis patron-,
aud snail b,; llaWe lor anr neglect in n?i- resp<-> i.
section 31 provides that. 11 any pe son in cliaige
of a locomotive engine or wntie acting sn conduc
tor on bucu railroad be intoxicated be -:n. ?
deemed gnllty o' a misdemeanor.
Section 31 provides a remedy f?>r Malicious ?<?:a
agitust the property of toe company.
Section . j provides lor proceedings ior i *nali as
under tills act.
section 34 provides'for the ill-solution it my
future time oi any suub corporation by tne Us .?
lature.
Section 3.? provides in tbe case of inter-en on
for tbe temporary removal of am horse- rallwav
tracks ntiu restoration thereof nommg couM t t
in till art r < . authorize any corporation tortu'd
meteiinuer io use tne tracks of any hor?e railway.
Bectiou a provides that whenever tfie ron .?
determined nponbysaid Commissioner* coinci to
with tue r.jute or routes covered or t e charter
oi an existing corporation formed ipr the pn.
pose provided tor by this act, provided tnat s 11
corporation has not forietted ita charter or laii i
to comply with tne provistona thereof lecjUirmi
the construction of any road or roads witbln tun
time prescrtbeii by iu charter, sucn con-oration
shall have the like power tocoustruct an<l operat*
such railway or railways upon f.ntli sent o' require
ments and conditions irapo-ed Or said < otum s
?doners as a cotp ration apociai.y totm- I unoT
this act. To this section the following mipor ant
amendment was m.idc juat previous to the pas-?tfO
of tne bill:?Aid tho said Commissioner* may nr
and determine tne ro?"> or ron tea by wmcti auf
elevated steam r itiway or ta lwa-s h >w in
ac ual operation mav connect with other ste.iu*
railway* o; the depot* thereof, or w t:i sfa-n n-r
ries, upon fulfilment hy aurh elevated steam r.uU
way company, so :sr as it reiai a to *ach couBe -
tion. or such of the req"irem'nis and conditio ?
Imposed by ?a-d Commissioners under section 4 of
this act as are tie -e*?ary to ue faltilled in sacifc
casea under aecti>n 18 of article 3 ot tne constitu
tion o; thu stite; and aacb connecting etev&te<f
railway snail in such caa-s possess all the powe-g
conterred by se-'tton 88 of ttus act; atid waen any
connecting i out ? or routes shall ue so desi?nat?<K
such elevatei railway company may coii?tru o
suca conncc'ion. witn ail the rights and wrn iu?
effect as though the samo bad been a part of tn?
original route of such tail way.
Motion .'IT provniea that said Commissioner*
shall hand o\er alt papers and money to -u. r*,
corporation wuuln one month after oi g.?ni/.ationr
after deducting amounta due to Commission*! a
ior expenses and salaries.
section Si provides mat each of satd CoraniH
aionera shad be paid $10 per day lor each aa> ol
actaal -orvlce.
Section 3V clothcs a majority of the rnmmli
stoners wit.i power to tranaact business, also
provides tor the removal ior canoe by tne power
appointing and for niting vacancies iu the event of
death or resignation.
sectional, 41 and 43 wero added at the laal
moment and are herewith given entire
section 40?rnis not snail not be enitraM to rA
pea. or in any manner to affect chapter 140 of .b<
Laws of isao, entitled An act to au'horieo tii?
1 formation ot railroad corporations, mid to reiriai
! late the same," or tbe aeTeral acta ametniatorj
tuereof or supplementary thereto; none of tbe pro?
visions of tms act snail apply to any railroad co m
puny organized nnder any general or special lail
of mis .-state for the purpoae of constructing ol
operatint; a Steam railroad upon tbe surface oj
the ground, nor to the operation or mauagenuul
Of any railroad heretofore con??rucied.
section 41?It snail not bo lawful ior any ccnt'
I pari? organized under the proviaiona ot this a< u
or under any oilier act heretoiore p.,a?ed, to ion
etruct a steam railway upon St. Nicholas avenue,
in the city of Sew York, or tboae atreets or ase?
nuea in said city commonly known as boaievar in
except to cross the same under such regulation!
as shall be imposed by the Commissioners pro<
vided for by this act: and every such comtisnj
snail be bound by tne reatricttons and ilmlrati ol
as to Its root* and as to its mode of construction,
which shall be established by the Commissioner!
appointed under toe acts from which its power*
were derived, as far as such restrictions and lliui.
tationa are cousisietit witn the provisions of ting
act. The provisi"lis of this section shall not i>#
deemed to apply to any existing horse street rail
way heretofore authorized to be constructed. 4
Section 42 - Ibis net shall take Vdcct Im.hk.UI
I ateiy.