Newspaper Page Text
8 THE COURTS. The Immunities c! Church .Corporations. Important Decision by the Court of Appeals. i question for th2 courts to citif::::! The Court of Appca's bus Just decUe ! a chso wb.ih affects the property of religious una other corporations Hunted in tbiu city, aud involves large sum ol money, probably over $1,000,000. The Church of the Holy Sepulchre, Kov. Dr. J. Tutlle t-'mlth, was OSSes-eu lor I"4'11'* aevtu ly-iuuriu nrto , aiiu wie legality ol tho it? does meet was contested by Mr. Elliot landlord, counsel for the church, on tho ground stated in Itio opinion ol Judge Folger given below. The case was argued at Special Term, bolore Justice Lawrence, who granted an order to vacate tho assessment. A) peal iva- taken by tbo cily to the General Term In ibis and two other church cases, and the Genual Term reversed Judge Lawrence in an opinion written by Judge l?au:els and concurred In by Judges l>a\is and Brady. An appeal was then taken by the church to l ho Court ol Appeals, when that Court reversed tho General Term and alTlrmod the order of Ju.lgo Lawreuco. Tho follow ng Is iho opinion of tho Court, which was delivered by Judge Folger:?''The appellant coucedes ai.d it may bo assumed that Its property was not by any express provision of law exempt lrotn an assoastnont of the nature of tho one tu question, li the luann r ol Inying the assessment upon that property was m accordanco with law the appellant may not escape. W hether It was or not depends, In the first placo, upon which party to tho controversy lias tho I substantial affirmative upon It If tho appellant is re quired to establish that the city has exceeded the limit 1 of one-hall tho valuation placed upon us property by j the officers authorized to make valuation tho appellant ! Is unable to do so, for where no valuation has been made any sum ass. seed cannot In strictness be said to exceed on.-hull ol the valuation made, liul the I substantial affirmative is nut upou the appellant. It is ia rule that the municipality w inch seeks to affect the property within its jurisdiction by ta.valiou or proceeding In the nature tbefeol must produce express pow-r theretor in legislative enactment, and must show that tn its attempt to lax It has slrunly lollowed all the legal requirements, h svelns then that thu substantial affirmative is upi u the city. It does, indeed, upon tl o cuuccssiiiu uud asBUUipllou above noted, have tbo ubstr id power to assess taie property of a religious corporal.on used fur religious purposes, Inasmuch as II h .s ihe power to assess lor n ioca. ituproveui. man property beuoilted thereby which Is not exempted Irotu assessment. But there Is n limit to th at power iu the amount to which it may rurry its assessment. It may assess up id one null 01 tne value platen upon the propcily ! I))' curiam ol ii? olhocrs. I'o Justify its assessment in I this case it must show that It baa Kept within that | limit, tbat It baa iiot assessed more than one-haif the i value. It cauuut show tbat without showing what was the value usmeu by tnose oillcvrs. This ttcunuoido, tor ! no value bus been placed upou it by tbein. Practically j It is ue it tbe law authorised ilio cuy to assess upou 1 the baaik ul a prior existing assessment roll, und but to exceed In the assessment put upon any piece ot property en amount equal to oue-bait tbn valuation , placed upon tbui price id Hint prior assessment roll ! 11 there be no assessment roll at ail, or no roll upon i winch appears thai piece ol property with a valtiaiiou attached to It, how can tbe city mako t appear that it lias kept within Ute power given tu it by Uw 1 ii la a power piveti with a proviso annexed, i be demand ol i tbe proviso must be answered as a prerequisite to a j legitimate exorcise of tbe power. Tbe city is unable to show that demand answered, lor tin; reasou tbat the ! {acts do not exist by which tbe extent ot the dein mil | may be measured. Tbe respondent claims that it doea not appear that Ibcro was not a Valuation belore the term oi Uve years before the trial. Hut it has not proven tbat there was. It is apparent lliul the ease proceeded j upon the tacit assumption tbat there bad never been a i valuation put upon the lots by the ward assessors or | "by iheir successors. In the second place, however, if ! tins limitation was not Intended to pply to such a j case as tuat ol the appellant Hi u a liability to assess- i im ui tuny ex si. It is said tbat the provision limiting the amount ol assessment to ue-haif the vaiuntiuu i. v. a by the tax i.sses me olllvers could not have been j i..cant to apply to a casu tu wh cb those olbcers were i > nt ri uuired i v law in make a valuation. The dull. I ? illy iu ttttSruliUK lu this idea la that it docs not lake l it con eel notion ul tin* i sicdi and character of the power given. A proviso iu a grunt or enuciutetil .a some, lung taken back trom the power first declari d. Tue rant or in cirnoui is to be r.'ud uot aa n the large. power watt over g.ven, but as if no more was j ove. ,.veu tb.iU is ruina.oeil wi.h.ti the trims of ' the t. jii la ol the proviso. 1 he an;Corn/ to the City In tin purview oi tie proviso is uo mora ll.au to assess for local improvements all properly tiencilied thcro- j by whett liial property bus been proviou-lv valued I ihe general lax assessing olbcers, and then not to an MUibU.it greater than hall the value named by lb' no Said the Legts alur to the city, Tim. and no n ro; you may astn ?t> auy piece of property lor local luipr. vementM one ball ol the value pia<ed upon it by certain ol your officers A vh.usi.oii previous to ass.-suient thus Ik cornea the cbie: has is >1 the power to taae?> at all. It won d be an interpolation in the art to insert as a further declaration, ll 'hoao officer* bavo made no valuation inch you may asset* at your d:s cretion It would be more Itian Is lound in ibo Inncuupe of the act, aud more than can be la rly imp ie>l Iron. It The ' urrocl conclusion i? thai the draughtsman ol ibe >>? o\ uriuukcd the lact ibat some property by reasi n of i v iiipt.ou Irotu gctiera> taxsttou wouid not be Valued at a l II this act read in terms ?T he city may as teas lor local improve moots s.l pioperty which hits boen a-sosscd by tit- T ot Commissioners, not to exceed onebail the va.uat an (liven la it by tbeui, there could be no Implication therefrom that property not valued might be assessed Vet the trge office of the proviso iu 1 th s act is to reduce the meaning of the letter to ' Jus', these terms. lu the third place, it is to see whether ih'.iu s other Ic, illation than that already noticed which affects the '.ueation. Ills hot couleudod lltat there is any uilecting the a| pedant, unless it Is found in the act < ! 1*71 (I.awn of 1 *>74, chap lil'd, page i ?' 0; lbbl, chap. hi *. page -j> o|. It is piovided that no I assessment r a lot <1 impr vcutenl shall ho vaialcd? 1 first, tor the omission of an. officer to perlorm anv ! duty imp< -ed upon bin.; second. I r any delect in the | author.lv ol any department or officer to perform ai.y 1 duty ti.ip o.ed up'it him; third, lor any omission to : carry out the detail of any Uw or iro nance, fourth, for any irregularity, un.e?a the case be one of fraud or I su asses n.cut lor r< pa ring .nd just all property benefited by a locsl improvement Fhali bo liable to an ass. ssuteni thceor, tioiwtthalandlug such ... ... . ... ....... ...v. ... ... III. , matter alleged'l>y the a ) licaul in noi an rregulariiy , I It is t>a k o( : uudaiuealal p w. r, 11 is nut at . id.sen n to carry 01 t the details ol a law ; H It the lulu I waul ol author.*lcg law; It is I.nt a ; elect in His iiuthot :lv to purlorm ? ny imposed which suf , > ? * SU ol'lctai ob- ! ligation without power adequa.e, ul it Is a < .Be ot no j juwor g veil, I no duiy is imposed; It is not an | oioiiMon to peril.rw di.iy imposed, but a case where, aa .uit (kid. I. i.o ,a no duty ere .ted. 'I tiers la a legit- 1 lative c. >us omissus. Wo have UO ressou to aup- j l a* that itio legislature would have purposely wubL .d irotn the cuv tlio lower to asseaa such property [ lor an. .i object. U did not, however, by the lei me ot 1 the statute, in . . a grant ol t As the p wor may i >V j bo eierc ' <! w lhcut au express grant, we iniist held that the c it may lint ej.-rl It.' ilie ?h",c Doyen 1 Com ur, evi pi. g ? o a>'* li-tpuiio *b Audrew*. A NICE I.AW l'OINT. Mv.th.as Zelgler wu called upon to plead. In June, 1 ; . In the Court o( Apcc.al S?a- one, to two cow- 1 plaints n.i'et'T Anthony Comstoek, who charged him w ih m.vnutj taring and huv ng id li.s p -assalon a large nun. or of ubgceno p .olographs. IIy pleaded guilty and was sentenced by the Justice to two years' imprisonment ami y: o (,?e on iLe tint charge and on.- year and t.'ui rue iu ti e s. cond con.p.aim. It.* prisoner, tt.r-nab bis counsel, Mr. iteiijsntin Kussnl, j ceterday i btaited from Jud.e West, root, In Su| reine t urt. thin, era, t writ ol nab as corpus jud eoriior rl, i and claims hit d schargo en the g ootid that his si n ten. Is i 1 st d b> siaiuic It mo mi that the ,.ct u drr w ch tie w is committed provided that toribu oP. i oe eh ,rg,-d, (f |^.?i.,iicr be over iwenty-one years, he shall be Imprisoned lor s term not less than three in - thg cor more lueii iwo )?ai? at hard labor, ! ? 11. i ii i ii. i . -i i!. in f .'i nor in ro iti .n f.VXW; ; bat if under twenty.oue yeara, for terra not exceed- i Ing lb;. > wo. th?' impr - i.iupi t r."r n.ore than Jf'OO fine. Mr. K istell n?w claim* that the premier's con- . Biitment w ? detective, because it d.d But ?it forth h,? * a?e. and that the piimeliinent i* exce?alvo. !i n el |x i. te tliat the mat ur a Hi be .,rguvu Ii > m rn:n g. CAPTURE OF ITALIAN SMUGGLERS. On Tuesday cvcu.ng, at iifllcer Cornelius Leary, o( J the Seventh precinct, ?n standing at tho comer of G< uverncur and Water afreets, tla atteat n was attraclc i by the 8U5picl .ua appearance of two Italian* who WLrre carrying a well II Jed rack, Suspecting them 1 to be rmuggbrs the oRICcr arrester! llieto, and on lak- ' lug llicm to the elation buna* found tnal the aai k C? a n.i: < d a tire gallon demijohn of oi ve oil. While tbey , wore undergoing examuuilon they were recognized hy OMi- or Nugent ii two men whom he bid arretted on bur. iy evening wl.li a detn John of wine In ihelr poa i-'i u and whom ho had allowed to go lor want ol pro i n?t them. The prisocera, after considerable 1 ti le owing to the r profea-ed inability to rpcak i . h. were Identified aa Savaro Vu.pi and Vincett.li V i oi s of Hie Iral'.in b.<rk Alba, tying at p er 6rt hast Kit r. The piironera wero taken before Gomtniaaioner Ii u l yesterday, and w> re huid ill bail each for I lurit examination. SUMMARY OF LAW CASES. : Le < t c?K' of i''Gcrtxitn agatuat Kamak, wh.cli baa b ea to long I elorc the court*, waa pnaily disposed of j. ?urday. The auit, a* will be remembered, grew out of a claim on the part of tho plalnt'fT that he had been Induced hy defendant to stgi. a deed of his h^Bxc while NEW YO drunk. The Jury on the tb.rd trial found that this ?U | ru, hut also found thai ibo plaintiff afurwurd voluti I larily acknowledged tlie conveyance*. Judge J. F. I'aly, in giving dual judgment, tin in that the conveyam e wan valid, but sa>s the defendants Lave au ollaut for rent, and orders an accounting. DECISIONS, tci aaiia OOVUT?CHAMUE: S. By Judge Westhrook. 1'ierce va Daly ?Order granted. Niuyth v?. Wallace.?1 do not foc auy roaaou why this order sbould be inado unw. The >pec.al l'erui cau order It to a Jury if it see* lit. Motion denied. Central National llank vs. Kicliiaud National Bunk.? U ran ted. llayes vs. Ryan.?Order granted, t.-lher HUborn va Julius Hilhoru.?Referee's report confirmed, and decree of divorce grunlod to the plaintiff. common puca8?bpbcial tbi.34. By .lodge J. F. Daly. O'Oorman va Katnak.?Judgment In accordance Willi decision ami opinion filed with papcra Wheeler va Murray.?baiue. supxbioh coruT? 8iin.u tiir-v. By Jndge Curtia Snearmnn et a). v? Watkina? Motion to ftrlke out Lame ol Co-delendalil u> puity dc.cudunl <Jua.lb.jcJ, With Costs. Kmer vs. Leo ft al ?Report of rcleree confirmed and judgment ol lorccJoeure end tale ordered. Spader vs. New Vurk Kievuluil Railroad Company.? Cudoruklng approved. Hchlilery vs. Sctilllory; Davie vi Central T'ark, North and Last Ilivcr kullroad Cowp?uy ; ixuestor Vf. Connor, SutnlL ? Ordors granted. GENERAL SESSIONS?PART 1. Before Recorder HackeiL Tim CAB HOOK ASSAULT. The trial ol Aaron Menr.eshclmer for assaulting a youth named John J. Kyan with a car book ul tho corner of Second avenue and Twenty third slreet In July, 1SJ3, was concluded. The accused wis found guilty and Kent to the 1'emtcntlary lor one year. OBSCENK PICTURE SBI.l.EU SEKTRNCED. Jules krechet, the Frenchnian living at No. 107 Weil Twcnty-siJth street who pleaded guilty on Tuesday to an ludicimeni obtained by Mr. Anthony Coinstock charging him with making obscene pencil drawings a d selling ibem to Ih>\ a, was arraigned belore the Recorder lor sentence. Ilia Honor, in a few concise remarks, ahoweit bow necessary it Is for the well being ol society that such ofl'cnrea shouM be severely pun shed, and ended by sentencing Krechot to the State Prison lor two years, WELL DE8BUVKD PUNISHMENT. Ileury llunle, a Herman grocery clerk, nineteen years old, wus annoyed on tho tllh of August by a couple of Children playing in the yard of his reiideuce So. 711 East Ninth street. He pointed a loaded gun at them froui an npper window, whereupon they tried to I dodge hia aim, hut finding the muzzle of the firearm 1 following their movement*, tbey became frightened, stood still and shut thoir eyes. The gun was instantly i discharged, and seventeen gralus of the shot with ' wmcb it was loaded look ctTeoi in llie body ol James I Kealy, agid eight, and two struck Ueorge Washington I urmr, aneu nvu. mo laiuer ui xvuiuv, wnu uvea m No. 1,386 Third avenue, caused tbe arrest oI the vailaul shooter, and, ou be'tig tried before the Recorder yesterday, be was tou d kutlty and sentenced to ouo year's imprisonment in the Penitentiary. Mary Jane Mc<Ju*do, a comely uiaid servant, aged nineteen, who convicted of breaking iuio tbe premises ot a former employer at No. 1,0'Jtl Third avonuo, on Juiy 21, while i bo family war, absent, hu<1 stealing J do w orth of property. bho was not au.spected af the tbefl I until some time afterward, when site obtalued employ- j tneut in another family wbteh situ robbed, and being arrested for ,the crime, pawu tickets for llio property stolen lrom tbe first family were found in her possession. Slie was sent to State Prison lor two years. YOUTHFUL BURGLARS. Eugene Connoriy and Jantes Donnoran, bays ol thirteen, living respectively at No. 146 Carlisle street and No. 75 West street, were charged by Mrs. Lane with having broken into bur candy stiop, at No. 11 Cat lisle street, on the sot it u It., and stolen a tin bos containing $12 in money and a quantity of Jewelry. Tbe cluef witness for tbe prosecution was a somewhat older companion, named James Kearus. The latter, whom they called "tbo Englishman," had, they claimed, "pat up tbo job" on them, and then to savo himself turned Stale's evidenco. Connerly, a pale, listless lad, said noi a word; but Donnovnn was a i sturdy young chap and requested permission to tell bis story to thu jury, as, lie said, he bad been "arrested by the cop ou suspicion lor cotbm'. " He told a story to the eU'ecl that the really guiltv parties were j tbo English boy and another not under arrest. The jury believed the story ol Kearns, however, aud found tb? boys guilty of burglary in tlio first degree. The Recorder, in puaaiug senleuce, exprussed bis profound rvgrol that one-third ot all tbo prisoners tried beloro 1 him were boys lrom eleven to fifteen. He sent tbe j prisoners to tbo House oi Kclugo. ROBBING THE DISTRICT ATTORNEY. While Mary Garry, a. domestic in the family of Oil j trici Attorney Phelps, of No. 101 West Forty- I seventh street, was sweeping tbo sidewalk in front of tbe bouse, on tbe 13th of August, a man made his way Into the bouse, evidently for the purposo ol robbing a He was driven off by the girl, not, however, before he had abuse.) tier and threatened to shoot her. From the description furnished them. Detectives Field and O'Cenuor, ol the District Attorney's office, recognised In him Alt.la Beyer, aged twenty-six, livirg at No 47 Forsyth street. Ho was arrested, was tdontl11 d by the servant, and was thereupon tndicied lor grand larceny and for asj-null with Intent to kill Ho pleaded guilty yesterday to the latter charge and was thereupon sentenced by the Recorder to ten years' confinement in nuatc 1'rtson. A BVTIXDLF.B CAOCD. Arthur A. H< ss>r, who says ho 1* a Frenchman aud lived at No. 421 Third avenue, went on July 27 to Coney Island, w here be met Lottio Slauly, of No. 643 Fecund avenue, with a friend. Mrs. Waldo lie obtained from the ladles (101 worth ot jewelry on the pretence of bringing it to an officer for security while they were bathing, and mado off with 1L On the 4lh ol August the fellow turned up in Philadelphia, where ho became a .planned wnb an Knglishuiau named Alexander Howard, who was travelling in this country, carrying letters "f introduction trout Rord Dorby. Uesalcr spent the night wan his now acquaintance, and w beu the latter a?oKt< next worn ng he luund ho had been r..blwd ot a quantity ot Jewuiry and a lot ot curious hgypnau and other toroigu coins which he had collected :u bis liave a, and vn.ued at (12ft. The police were iniormed ot tho transaction, and Detective Dunn arrested U.sslcr, in whose possession ?'vs found soma of the stolen coins. Arralgued before the Recorder, ho pleaded guilty to grand larceny, aud was sentenced to three and a halt years' coutluuiuent in State Prison u4 hard labor. <sF.NFU.vATi SESSIONS?FART 2. Before Judge Gildersloovc. A "gnoOTIBT" BKNTE.N'CKD. Mai n Barke, convn led on Tuesday of an assault w th luteni to do bodily harm, in having shot Hughes during the progress of a baTe. m tight at Na 102 Cherry street on the 10th ol May Inst, was yesterday sentenced to Imprisonment in the 1 cnileuti'ary fur s.x months Their.a ol Rone Raisin, a French tobacconist, for an in anious assault upon a child ot seven years, was continued. The taking ol testimony was concluded and the rasa sum mud up lor lue deiei.ee. It will go to the jury te-Juy. COURT CALENDARS THIS DAY. Maxim Cot kt?Tkial Tax*?Part 1?Held by Judgo Slier,dau. -Noa. 5720, 8142, nwo2, 8104, 81 uj, slut'i, 4..W3, 43'Jti, 44 3, 440(1. 4407, 44c8, 4410. 4413, SlO'A Fan 2? ilcld hv 1 li ill Jul re Ml, en.? \. a 1 lei a...,u i.'i*!'. 43T:S, 4874, 4875, 4o77, 4*?7s, 4..8U, 4b>l, 4.i8ll, 4 -4. 4.1v.I, 4o'.I;I, *418. Mum Cou>t?Ciiaae**#?Held by Jodge Wpju brook ? court held in Part 2, Supreme Court. ?Xo*. 4. i_ i.i 14, id, i?. it, is, lw, su, us. oo, 79. ? *, iai, luti, 141, 191, 192, 224, 2. 4, i?7, i?s, 245, 24b, 249, 2.-3, 254, 255, 2 Ml CoCHT Of GlikBRAL SKSSIORM? Pit ft 1 ? He'd by 1 Keeorder llsckctt.?The People va. 1 homus Muith, robbery; .Same fa. Christopher llaug. bursary, same vs. Michael tiuigloy, felonious aenult and ball, ry; Same ti>. John Miggtni, teionious assault and battery; ham* va. Jamea btuita, felonious aaa.iult and battery; Same fa i'eler clumn, teiomoua asruu.t and battery; Same ft John Connera, grand larceny, Same va. Michael Mulgicy, grand larceny ; Saute * a. A.berl l.oroy, Kdward Kelly and John Schneider, grand larceny , Same va James Hr. unao. grand larceuy; same va Joseph tjuigg, grand larceny ; i-arao vs. Joseph Kopp, assault and battery; Same fs. leliord Sluyvesanl, ?ssault and battery. I art i- Held by Judge Gilder-ulcere?The People?* Da?id Scattdlln, robbery; Same va Kcne Ka ? n rape; Same va Meier Mullin, grand i laroeny, Same va John C. I.each, grand larceny; Same 1 va Luke Kielly, graud larceny: same vs. Gustave N ilh 8 and Henry H Noe, grand larceny. POLICE col li r NOTES. John Dunn, ol No 244 West Nineteenth ?trcl, and ratrick Caaey, of No. 23 Uayurd street, bavo locc p-iymg their addresses to the same maiden Casey, It ap- ; pcara, became Jealous at naeing a rival In the held, and I meeting Dunn in K iiabcth street on Tuesday asked hint what he meant by '-interfering with h.s girt" Word* followed, and ihev qu'ckly came to blowa Dunn was knocked d -wn, and wheu he attempted to rise Caaey stabbed him twice w.th a p'Xketknl a. The aaaatlaDI ?ea arretted, and Justice Morgan yesterday held b m to answer. At the Tomb* Police Court yesterday, before Juatlce Morgan, Charles M -wbray, or No 144 West Nineteenth street, was committed tor tr-al on a charge of stealing a watch and chain, flJ tu money and a quantity of clothing from the premises of Johu KobiuSuu, ot No. 47 Chrytile street. Hndgwt W alsh, In the same Court, wst held to an swtr oh coauHmat ol KJward Muse a, of No. jj VauUe RK 11EKALD, THURSDAY, water street, wr.o merged that while standing Id Cherry street counting uioney the priauner eauic up end, snitching a leu-dollar bill, ran uwuy. Thomas Cariuhan, ol No. 1 Chatham square; Danloi Stephens, No. U'J I'oari stroet. Robert Mitchell, No. 71 Forsyth street, aud Micuasl Mahou, ol No 187 Kitinglon i-tieel, ?<ro yesterday held mllUOhail, by Justice Morgan, lor selling liquor without license. l>auel Gum ore, of No. 3J7 Wi st Forty-second street, was held lor trial by Judge Olttrbourg, at the Filtysevenlli .Street Court, yesterday, on a charge of attempted burglarr. James Murray, the occupant ui the premise* No. 897 Sixth avenue, tesliUwd (and ho was corroborated by other witnesses) that the accused forced an entiauco who his house about midnight on Tuesday and was delected while going through the house in his stocking Itet. Ills purpose 1* supposed to have been to steal the silverware, lie endeavored to escape over theloiiceol the back yard, but was caught. Notwithstanding this last fact, he said in court that he was drunk and lecollocled nothing ahout the luatisr. UNITED STATES SUPREME COURT. LKCISIONB. jlrislllctlos?ahysrhk POSSESSION?TltCI title?tedglial. yusstions. No. 543. Isabella McManus, Administratrix, vs. <1. li, .luiiivan. ut hi.?in error 10 the bupri uio court ?i California.?Terence U. UcMuoui, under whom tliu plaintiff claims. entered into the possession ol the premises In controversy In 18f>4, or thereabout*. He cuntiuued hi* possession until hi* death, tn lbtll, at or nboul which tliue the dulendanta eulered and held adversely to hi* estate until the commencement of tin* nettou. In August, 18U7. At the time McManus entered. aud all the time he wow in possession the city of Sau Francisco was asserting title to the property under a Mexican Pueblo right, before the cnunn s?iou appointed under tho act of Congre** providing tor the MM I Will of privnto laud elating in c'ahiornta, I aud belaro the courts upon appeal. A decree u|ri rendered In favur ol the city by the Circuit Court of the United State*, May in, 1S66. From tin* decree an j appeal wa* taken to this court. Pending action an act | was passed March 8, 18tJ8, entitled '"An act to acquire the title to certain lauds within the corporate limit* ol the city of Sau Francisco,1' 14 Stat., 4 Upon the passage of this act the appeal pending in this court ulsmi.-scd. m McUuuus and his ropresentatives do not pretend to | connect themselves with ihe city title by any actual grant The extent uf their claim is that their posses*.on was evidence of their connection with the truo title, which wa* at that limo the city title. Noilbcr do the dclendant* assert any claim under the true tula. Their only deleuce is possession adverse to the uslu'e of Moll.mus, but admitted to he not adverse to the city. Against this the plaintiff insists that, as the defendants u'd not claim adversely lo all the world (heir possession advcrsttto him could uol defeat hi* right of UCliOU. Thus It will be seen that two questions wore properly presented to the Supreme Court of Califoruiu fur adjudication, to wtl:? Fir it?Does possession necessarily connect Itself with the true tilio la the absence ol prool to tho contrary f And btcond? Is possession, within the meaning of the statute of limitation in Callffornla, adverse to one who claims title, it It Is not also adverse to all tho world? II these question* were decided against the plaintiff no federal question could ho involved. The record, w ithout tho opinion of the Court, shown thut th*J were presentee anu noes nut snow mat any icuerai question was decided. I'nJer such circumstances li U proper, if it vau bo at any lituo, to look to the opinion ol (he Court, which hiu boon Bout bore w lb the record, to ascertain whether. In point ot fact, the Court necessarily paused by the ibiermvdiuto questions, nud actually did decide as to the oltecl of the l'uchlo right rud the treaty, with tho accompanying acts ol Congress, upon the title ol tho plaintiff. hooking to that we Uud the Court did decide that possession aid no: carry with it the presumption that th plainiltl did hold undor the city title, and that if the possession ot the defendants was adverse to the plaintiff it was a bar to his right ol action, even though it was act adverse to all the wot Id. These are questions within the exclusive jurisdiction of the .State courts, and not subject in any manner to our re-examinatinu. Their decision against the plaintiff m ade It unnecessary to tonsldcr the proposed federal question. Thus it is seen that toe lederai question was, in tact, not decided, and that lu the view the Court below took of tho case auch a decision was not necessary. Writ dismissed. The Chief Juptico dcltvorod tho opinion. DAE ISO HIGHWAY ROliEEIlIES. Joseph -Tofferson, a negro, residing at Xo. 17 Sullivan street, was arratgued before Judge Duffy, at the Washington l'lacu Police Court, yesterday, on a charge of highway robbery. On Tuesday night, about eleven ; o'clock, Alexander Denlke, a countryman hailing from i Peeksklll, walked through South Fifth avonuu somewhat under the lutlueuco of liqaor. When botween ' Droome and (iranu streets, he was seized from behind by Jellorsoo, who caught htm around the chest and . arms and threw hltn to the sidewalk. The blgliwaym -n ' then rltlud his pocketa ot $ la Denlke cried lor help, aud held bis assailant until Officer Sullivan, of the Eighth precinct, arr.ved aud arrested the thief. On tbe way to tho Prince street station Jof terfon was caugbt tn tho act of throwing ttie stolen money into a basement. The prisoner pleaded guilty and was lieid fur trial In default of $ 1,000 ball and tbe complaiuabl was sent to the tlouse ol Deieulion. The prisoner is a well known Eighth ward ruffian, and, according to tbe statements of the ponce, n is oteu mrisieu un several occiuiuub lor Similar odeuces. lguatx Moll, a Herman gardener, residing at fifth avenue and ldfuh street, while wuiking through Eleventh avenue, between Twenty-HUh .md Twenty, sixth streets, on Tuesday night, was assailed by Joseph McGrath, of No. 604 West Thirtieth street, a railroad euiployd, and Thomas Lvnch, of No. 353 West Twentysixth sircet, a box maker. They knocked him down, beat him badly aud robbed him of a meerschaum pipe and $7 iu money, although ho made a desperate resistance. A short time later both the prisoners were found sitting in a vacant lot by Officer Armstrong, of | toe Twentieth precinct, who arrested them. Ou being arraigned before Judgo Dully at the Wuglnngton Place < Court yesierduy, Mctiratb and Lynch were held for trial in default of (2,000 bail ca< In REAL ESTATE. The following business was transacted at" tho Real Estate Exchange yesterday :? Richard V. Uarnetl sold, by order of tho Supromo Court, in foreclosure, Alfrod Mclntiro, referee, twelve houses, with lots, In East Fllty-sevcnih street, south ' side, between Lexington and Fourth avenues, to Andreas Duld, defendant In the legal proceedings. So. 1, : 90 leot west ol Lexington avouuc, lot 20x100, sold for i (18,o2i; No. 2, 110 leel wost of Lexington avenue, lot 1 joxloo, for (in,076; No. 3, 130 lect west of Lexington avenue, lot 2uxl00, lor (15,675; No. 4, 160 leel west of Lexington avenue, lot 20x100. for (16.676; No. 5. 170 ! leot west ol Lexingtou avenue, lot 2oxK0, lor (16,676; ' No, d, 100 feci west of Lexingion avenue, lot j 20x100, tor (17,776; No. 7. 210 lect west of Lex- ' lug ton avenue, lot 2t)xiut), tor $15,675; Nix 8, 2U0 hot went of Lexington avenue, lot ftlxlOU, for $15,575; Ncx 1 it. 246 foot west ol Lexington avenue, lot ldxIUO, lor I $12,WO; No. 10, 202 loot wtst of Lexington avenue, lot 111x100. lor $12,4.10; No. 11, 27*? tect west ol Lex- 1 (nylon avenue, lot lOxluO, for $12,530; No. 12, 294 tee. west of Lexington avenue, lor $11,4:10. Klcbard V. Harnett alio soM, by order ol the Su- . prvine Court, in lororlosure, S. Vr. Morehouse, referee, I a houso, with lot 214x059, on Kant Twenty-ninth street, j north side, 190 loot en?i of Madison avenue, to William | Nelson, lor $14,600. 1 K. A. Lawrence A Co. sold, hy order of the Supreme : Court, In foreclosure, K. L>. Hale, releree, a house, with l lot, 16.11S1 feet, ou avenuo A, ea?t side. 829 leet south ' of Nighty seventh street, to tlermaitia Lite Insurance Company, ptainlllTs, for $5,000; also, by order of tho i Court, in foreclosure, house, with lot. 16.8x91.11 teet, J on W' si Twentieth street, south side, lou 4 leet east of Ninth avenue, to plaintiff, for $v,600, William Rcnnelly sold, by order of tho Supremo Court, in foreclosure, W. A. lioyd, releree, a bouse, wtih lot, 20.4x10-2. ou Kurt Nighty-lourtli street, north Biue, ilCtl teet west of Socoud avenue, to U. Sloe be, for $7,ma); also, by order ol tho Supreme Court, in foro- ' closure, K. 1?. iialo. releree, one lot, 26.6x51.2 by 116x 49.11, ou Icnih avonue, east side, tilly feoi north of j 159th street, to S. B Iturd, lor $6,1)00. N. H. Ludlow A Co. told, bv or.er of tho Supreme it. ftirrtt-l,iKi,r? I * II...,I.. - . I with lot 19x0*111, on East Kigbty-siveiuh at reel, south side. 133 ti-ct west ol uvoauc A, to A nun I* Waits, (or ^7, COO. TRAxartRa, r 29th at., a.". 1 ?*'. 11? It w. ol LexiD*:tt>il HI 9; E. Bl<?nd*l to L. C Bill Num. 4th tt., o. * . 44 ft. s of ('buries, 21. 10x70.7; \V. I*. D> u Ua to M K. Gibbon* $8,(XX) 4th St.. a.. 1V) ft w. of Hth nr , 3?>x78; L. K. Ducnkel and wife to <?. I'. schimcl 23,000 Forsyth w 75 ft. *. of St mi ton, 25x75; A. (Mil* ateiu ai.d wife to II. IVitdliudtr 23,750 Grocnt at., w 1HO f t *. of uiauil. 4??* ItA' ;J. fci. Ilyatus ami wife to 8 HoHtln Nom. 75tli 4 . a. . 105 ft. w of M idtaon nr., .'5x102.2, G. \V McCollum to G. K. Seamen Nom. Av A. w a.. 70 7*^ ft a. of 76ib at . 25.Hxl<0; J. McCarthy and tile t ? M. Dyuiock S.300 21 >t St.. a i . 127.11 !V #. of 7tU ar., 20. xU2, Ann l?. Sh'.pman to M. M >pear Nona. 2?'>to ai.. n. . 441.8f.. w. ofOtli av., ItVrtxOH.O, Anna 11 Underbill to J. I) Wright 6,900 2-M ?t., 12<> ft. w. of 7tn av.. 20x08.9; II. Van ituren executor* to 14. Y. Crane 18,000 Roan leawlug from 4 cat 1 ariua tt* Klnffsbridce; al ?o Vunru av.. a. a (24tb ward) ; x. /.niuor aud wit# to ,1 i^cl.aeflier 40,000 Rut ire rait. vNoa. 54, 56 and ">H>, ICOiLJO; 11. M. Harrison, referee, to H. K. Scolleid 45,00.) Irving place, a a. corner 19t)i ?t., 27x106.8; R. M, Harrison (referee* to L. (1. Britfham 40,00u 7?u at . 130 ft w. ?>f 3d av , 5ox 102.2; A l>. Weeks .referee; to Manhattan Li o Insurance flora* pan? ?*.*J0 I Attorney *t . e a., 175 It n. ol Mintou at., 2 xlOO; K. L>. Gale re fere a) J Fleiachtiener 11,850 , Christie at , w. A, 173 ft. n. of ilivin, ton ?t , 25\UX>; W. tx Varil, raierco, to J. M. Obmera 23,200 MORTdiurx Harney. A. II. an<1 wife, to Clinton Hall Association. | a c. of <8Hh at., w ol Hth av.; 3 years 4.OO0 ; flatus to tame. a. a of 50th at., w. of Hth av.; tt years. 4jO" | Sam# to same, A of Mltli at . w. ol (III* av.; 3 Veer*. 4,(AA> Barre, Mary W., to City Chamberlain, a. a of Bota at . e. ol 5th av. ; I year 2,330 Fleivehlvauer. Jacoh. to W aa'.i.nK't 'n Life Intarauce Company. e. a of Attorney aL,n. ol Manton si.; 1 year 10,000 GutwHler, .fo-eph and wi e, to F. Armbruster, o. a. of j 1st av., n of Hh at, 1 rear 1,650 Li eh t#ii stein, f. L an 1 husband. to G. D. Kilborn, A s . oi *2?l ?t, a. of vi ?v ; years 5,200 M Kinney, C. end wife, to G. K. Crawford, A A of V ndlay nt *1 year* , 700 Ma* Keller, Thmnat, to II I*. He Graaf, A A .of 131 st C, e of 3th av 850 Rice. Marin.l* VV and husband, to New York Life Insurance Company, u. a o. Mat at, w. ol 8th ay.; 3 years 1,000 Raiibettchek. K. K , to W P. Parson, a a of Henry ?t . 2 years. 2,200 Weil, Maivma and h >??d*an<i. to R. Loewl, e. a. of 74th 1 at. A %l MsvLavis a? o years 5,U.C I # SEPTKMJJJSK 7, IS7C.-TK hie revivaFof trade"" Brighter Prospects Indicated for Retail Dry Goods Dealers. WHAT PROMINENT FIRMS SAY. Busy Scenes in Our Great Thoroughfares. RESUMPTION OF TRADE. ' Yesterday Herald readers were apprised of tho healthy condition of tho wholesale dry goods trade of Now York. Importers, Jobbers, maoulaclurors and auctioneers gave their testimony in regard to the re. viral of trade, and In doing so generally expressed the opinion that tho present activity in the wholesale markets was the precursor of a better condition of things throughout the whole country, one gentleman, whose sagacity in buslnoss circles is unquestioned, expressing the opinion that tho "improvement would be a permanent one." In order to ascertain If this cheerful state of atfalrs was reflected in retail dry poods circles a Herald reporter made a tour of the principal thoroughfares devoted to the retail bus moss, the result of which is herewith given. canal street 1iocsk8 formerly engaged in a small way of business havo now either rcmovod or gono into importing and Jobbing, This street, which formerly to the lurcujou was filled with ladles shopping, is now deserted by lair purchasers, and, instead, the sldewulks are encumbered with boxes and bales, and warehouse trucks havo taken tho placo of "my lady's carriage." West or Broadway the street Is generally occupied with mltlincry and hair goods Jobbers. Arnold & Constable have a wholeealo bouse on the north sldo, and on tho south side are Importers of laces, white goods, embrotdorlcs, Ac. Canal street ou the east of Broadway is occupied by lurniture, paper box and clothing dealers, so thai the reporter reached grand stkxxt wuiwl t IUU ? UJ'VI t?|/t VVVUIUIMCO U? lite IUIUUIU vin?s of New York morcb&nto wai found. West of the Bowery the shops are petty, and aro generally oo cupted by small grocers, lea dealers, paper boi, lantern and sewing machine traders, hut east of the old Bowery tbe shops are more protenlious. Crowds of pedestrians Jostle each other on tbe sidewalks, and signs of an actlvo retail business moot the cyo everywhere. Strips ol carpel bang fr<>m tbe awning posts like Haunting banners; hoop skirts, that look like cages for strange birds; caps. Imon gowns, shoes, blaukets and colored oloths wave in the wind as on a flit day In Venice. Groups ot pretty girls?the grisettes of New York?pass and ropass, and by their tasteful dress and fresh, piqnant beauty leud a charm and variety to the scena. AT WALI.EK A M'SOBLKY'S, No. 245 Grand street, the reporter was told that the business thus lar bad been ail tbat eould bo desired, andfudy folflllod their hopeful anticipations. They have 1 received a largo amount of suburban custom, people from Morriatown, N. J., and all along the Hue of I the Erie Railway patronizing Grand street and this | house llborslly. Tbey arc dealers In general dry goods I and manufacturers of cloaks and salts. Tbo general run of trade had so far been ou a cheap line of goods? domestics?people who In past times bought dress silks conllntng themselves to cheaper materials. It was, therclore, evident that a very healthy spirit of economy | bad been inaugurated, and this in itself should inspire I confidence in a bettor slate of things. Their trade was j strictly cash; In (act the tra.le on the street was ; generally understood to bo cash. They Imported only special linos of goods, but according to the present outlook, and the growing oxcellcuoo ol our home manufactures, they would decrease rather than increase their importations. Although It was the hour ol noon this storo was doing a lively trade, yet Mr. Waller said:? "The bulk of our business Is done alter two o'clock. We close at soven o'clock every evening, except Saturdays, wnun we keep open until niuo. 1 will say, in confirmation of the ohoerful tone of the wholesale dry goods market, which 1 road with pleasure In the 1 Hskald this morning, that our trado within the past } month has mere sod over thirty per cent beyond last year, although in July it was lire pur cent behind." a. nanus, Nos. 240, 261 and 263 Grand street, was next visited. Mr. L>. K. Marshall, the manager ol this establishment, told the reporter that Una tali's businoss went tar beyond their expectations. lle>-ald:?"The sales of domealic dress goods exceed greatly those ol last year; I thoro arc scarcely any imported goods selling; people 1 who came here in 1?76 and paid >1 and $1 6b per yard I (or inatorial now buy goods at Q.ty ceu a There are numbers of strangers in the city who have emi.raced the opportunity oi seeing tho Centennial, and are doing a little "shopp ng" at ti e same time. These folks Keep us very busy iu our suit department N'umborsarc from Texas 'and tho far Westntud Southwest I am certain of this, having travelled through those countries for seven years, in the employ of an importing firm, and recently I have met many old urquTilnlauces Irom those remote localities. In the silk department we are behind last year, as wo cannot t>uy goods low enough to aell lo our customers. I Now, for an example of low price*, iioro are ltoulmix j poplins, from thu well-known Arlington Mills, wInch are I sold at thirty fue cgnli. per >ar I; lust year the Man- I Chester nlpacnf.iuo;e? oust us three Rbilllugs to import; now tho domestic goods cost shout tweuly-Av? cents in 1 currency, and. 1 think, are luliy equal to thctn in stylo | and quality. Inserting* are cheaper than ever; there Is not much diAerenco in gloves; domestic husiory this year must heat the imported goods, and, no doubt, will ! he very cheap. We intended laying In a large stock, hut huve been wailing lor the auction to taae place of Cochran, TscLiau M to., who are wind ug Dp their business. Here are some hnglish camels' huirc:oth goods for makiug poianaise we can se.l for twenty.Ave cents per ynrd that cost seventy-live cents to make, so yon cud get some Ides of the shrinkage In value of goods. We sell suits for IS that we got (14 lor hut year, and so on through tho catalogue, ' LOHO a TAVI.OH, at the corner of Grand and Cbrystie streets, have an Immense retail esiabiishtio ut. Mr. l'ercy. tho manager, told the writer that the outlook was very cheerlul, indeed. 1 bey were quite busy, and the sales run through tho genernl slock, although tho ebon; er fabrics were in most demand. In the general market all classes of goods were Arm, and, as everybody knows, It is always easier to sell goods oil a rising than a falling market. Their furniture trade was particularly good, number of young people apparently going lo ! liouaekeeuing?as far as Mr. l'ercy could Judge?gen- | orally in tluis. There were many persons airo renewing their lurnlluro and housekeeping articles alter s 1 return from tho country. Lord & Taylor have recently ] extended their buildiug, and on this aroouoi, as woll as by reason of improved busiucsa. expect toon to ciu- 1 ploy an increased number of hands. TXITI.K * ADOLPHI, Xos. 267 and 2oP Grand slroet, reported trade as on- j changed from the status ol iasl year They saw no diflt rence iu the sinouui of custom, Put interred ironi ! general observation that tho future promised , well. Western morchsnts are In the city, and as their se.tion was bare of goods' they : wero Ireo bu;. era. Of course nearly all the , j irado Is In cheap domestic good*. There Is large hosiery trade, and prices are Very low; flannels and underwear are in demand, hut only the staple goods, and no luxurious articles. This tlrm disagree with their neighbors that there is s largo Influx of Centennial visitors, they behoving tho only class ol autumn buyers alone are Oiling the market." HILL, MOTS a a A CO. occupy tho stores irom No. 271 to No. 277 Grand street, inclusive. A member of the Arm stated that they i dealt in a general line of fancy dry good*, and that lliey found the prospect very lino lor a largo fall traJo. Ttiore did uot sectn to bo any change in the class of < customers. j R. RUM IT A CO. inis immense osiauiitniucnt in one or tu.? old landmark* id (.rand street. nu : every pari ol It.' vast area? ' the buildiug Ureli being live -lories Id height?la occupied by ilia lirin in the m >uulacture and sale of fnncy luillinvry goods. Mr. William A. Moore, the penilein.iDiy manager, showed the writer every attention, and gave hint une.h valuable iniormalIon aa to Iho retail trade in their line of busiuers. lie said' ? "Wo hare had but little to complain of as a general thing In i regard to trade, but within iho last fortnight wo havo been exceptionally busy; the prospects for a continu- , ance of good business, 1 tlunK, uro very bright. ! Our profits arc not so largo on the goods wo sell, hi wo find the business Inereasing. Keccntly we bnve been obliged to nearly double the size ol our building, and now have in our employment nearly 700 persons in tins building. We sell boots and shoos, i household ware-, su is, all kinds of millinery goods, and are visited by customers from i every part of the Union; thus I am able to judgo i of tne number ol strangers in New York, and it must lie very large to Judge ol th<>se visiting here. You have seen our show rooms, but you have not seen the upper portion of the bulldiDR or thebssmsut, when you do you wul admit that this Is a human beehive. Wo h.tre 12U milliners alone employed. " CI- 1111*111) AVENT K, ' I the establishment of Nicull, the tailor, was the first retail establishment reached by the reporter. The slorcs extend from Nu. 141 to No. 14y Bowery, Inclusive. ' There are branches on Broadway, Nassau street and 1 Eighth avenue in N. w York ; Knlton avenue, Brooklyn, and in Ches'nul street, i'hiladeipbia. Mr. N'tcoll reported business in his lino as very brisk and decidedly letter liau last tear. Ail kinds of sarin cuts are ] . ll'Lbj K11KET. made by (bis bonse Irom botb mrorted and domestic goods, bul generally prices art) lower than to 1375. There Is a very good transect trade, although (lie c ty custom la largo. Mr. Nicoll baa only been six years in buatm-aa, and oommenoetl in a small shop ucxi to his present large establishment. a. limiter, fringe .lealer, No. S10 Bowery, thought the (all trade was opening very aust loou-ly, although in their business as yet there hud been but little change. l. phillips, successor to Bradbury Brothers, Son 312 and 314 Bowery, is a general dry goods dealer lie states that last week's oualness was lully twenty flvepercent in advance of the same time last year, yet be doca not anticipate a very heavy tall trade, although admilliug that tbo I prospect on every side Is more em ournging thau at any time siuce 1673. Mr. Phillips said that be loo ed for a dull season always durug a Presidential campaign; people ere more or leas occupied lo politics and engaged in spending their money In po meal iillaira; the laborer just now Is out o( employment and naturally baa no m?uay to spend, and ns long as this Is ibd esse bo cannot look lor great recuperation; yet certainly a return of coi fldeuce in better iblugt and better times la tne first step toward a realization of them. Honesty in trade, loo, must be more generally cultivated; dealers should nave inflexibly < ne price for their gooda, so thai a child couid come to the store and purchase goous as cheap as an intelligent man. a. v. btswakt's as tail stors In Broadway whs next visitsiL Here vast numbers nf clArkl m?h linn nii.t ptomnpu woe. anrv i < ? iha Ksaer us ol beauties ihrougbu.g the. aisles, leaning pvcr ibe counters, tossing over the glove boxes, dipp ng dainty hands iok> the ribbon baskt u. toudling the filmy laces, aoU generally toying with velvet! md cashmeres end thoeliy stulls, "eo high to reach, to hartf to leave." Mr. Denning. the manager, elated that the writer could see for himnell how buaioesa waa lu that establishment. It was simply a rush, and uot a good hour for trade either; the proapecte for a e ntinuanoe were llutle'log; there were a great many etraugvra in the city and theae nearly all visited "Stewart a." Their regular cuatomore. moat ol ibeui at least, had not yet returned trom the country, but in a few days no doubt they would do ao. when they looked very eonildeutly lor a very large trada. AITKIN, SON A CO., successors to Aitken A Miller, Nos. 873 and 875 Broadway, said their Jobbing business was good and their retail uUoinoss was opeuiug much butler lhau one year agu r. CKNTKMSKI, Importer of glovca, T urkish rugs, psriumes, silks, Ao , "Nu. suii Broadway, said liu louud busiuesa excellent? in tucl, he was selling mors goods tnan ne coulo com mnnd at the mouiei L He m >de a specialty of gloves, black auks ana Delft (Smyrna) carpels innuulactured hv Garjenune, of Holland, and ti.ese goods had an uupreccdeuiod sale. He tnougUt the city and country were about tutoring upon a us* c&ieer of prosperity.' BOARD OF EDUCATION. FIRST MKETIKO AFTER VACATION?PllBSENTATION OF A BUST TO THE COM Ml -SIGNERS?AM OLD BOW REVIVED?IMPORTANT ABSOLUTIONS RELATIVE TO THE COMPULSORY LAW. A meeting of the Hoard ol Education was held yesterday afternoon at the hall oornur of Elm and Grand ir<ets, Prestdeut Wood In the chair. This wits the Oral meeting held since the schools adjourned for vacation. iiml a ouorum of members u luna.'J onlv a few absences being reported and excused. A resolution allowing Grammar School No. 13, | Seventeenth ward, to remain closed for repairs until Monday next was adopted. Tbe trustees of the Ninth ward sent in a communication relative to a contract given by tbeiu Tor some work to be doDe on lhe Houatou street school. The awarding of this contract to Mr. Isaacs was the subject of discussion at a previous meeting of tbo Hoard and opposition eras made to Iho selection ol Mr. Isaacs. The communication was a protest against this interference on the part of the Com* miaaioucrs, and explaining that tho hid of Mr. Isaacs, which was $1,821, was $167 less than thai of lilt next competitor. The trustees expressed their belief that they were perfectly competent to lake care of tbe schools under their charge, and that the interference of the Commissioners was not necessary. This communication was relcrrcd to the Kiuauco Committee. A communication i the Board, bul to tbo reautug ol tins C'omnfts-loners Weimore and (doubling wore opposed, but were not suslamed. Tbo communication had appended to it an ;udorscmeul Irom tbo trustees ol scwrul wards lor tbe school* ot winch Mr. Isaacs had done work. Alter the communication hud been rend Commissioner Wolniore asked by wbotn (lie paper was sigued, and It was ascertained that only the names o ibe trustees bearing teUitnouy to Mr. Isaacs' competency as a workin nit were appended, and It was Iben ordered that tbe communication ootild not I e received, but that tbe recommendation from tbe trustees couid bo placed ou file. a letter from Wll?on McDonald, ihe sculptor, whs read, presenting to the Board h large oust of Washington, which, be said, whs modelled irom a combination ol old aud uewly discovered materials. On motion ot Commissioner Counting, seconded by Commissioner Wclinoro, the bust was accepted, and the President of the Board requested to euder Mr. McDonald the thanks ot tbe Board lor Ins donation. The bust was exhibited In tbe hall, placcu on a pedestal which was covered with a national llog Tbe resignation o( O. H. Wadley, executive officer of tbo scliooisbip St. Mary a. was accepted, to dale Ironr the reporting for duly o. his successor. A communicsttou received some weeks ago from Comptroller Urerii was read, as.iug that :he estimates lor the year 1?7T he forwarded to the Board of Apportionment, hut the estimates had been already scut in, September 1 being the latest dav designated legally 1'- ,1.... I VI' I- r- I..11 I, . -I,..- -.-II iiioiuvui *t HV ? W ,V.? *rr vumi, *?mu^ llitTl'U; j Commissioner ila stead Mr. Wood proceeded to ex- ' plain tm posiuou iu regard to (tie truancy law. lie : believed that the truatus should not be taken before the police courts, which (ended to the (tegra utn n ot chll'trcn, but that the Preeulotii of the Hoard of Education and the Chairman of (ho Committee on Bylaws should have the power to commit truant chiU dr* n to the reformatories or institutions. At the proscut timo the signature ot the 1'resideni ot tho Hoard of Educutiou ;s needed to get the committed children out of any of the lost tuuons, but his signature was not notMed to got tho child romnrt e l as a truant Ho bol.evod tho following pruauibit and 1 resolutions. If adopted, would bo (f! value in reaching a | just coucluHion iu regard to thia importaut mailer:? > Whereas the Compu's ?ry Kdneatinn act, culled "An act | to secure to children the ben fit '>f aw element ury "duca lion." among other thing* pr -voles in -ertion * that the ! H< urd oi Edu.au u "shall provide suitable plans for the discipline, instruction and coiitiuemeni, when necessary, of i such children'1?that is, ol such children as are habitual truants:'1 andt \N bureas it is highly inexpedient and Improper that mere "habitual truauta" shou rt he committed to inst.tutions where they are of necessity brought into contact with children ftlrea v belonging to tho criminal classes and commit led forimm ral offences; and. Whereas this Hoard has no suitable institution tinder its own charge lor tho ieception. detention and instruction of "hanitnal truants" and the lu-nal institution to which such "habitual truants 1 have heretofore toon committed is already too full of such criminal misdemeanant* ns it is specially intended to receive, and cannot consistently with the reasons for its exist-.n receive any more ot ti e class of j children known as ' habitual truants, 1 even were it desirable that such children should ho sent to it. therefore. Resolved, That the Committee on Bylaws report, if u ac I cordatu e with their jndgmeut, a plan for the organisation of a reformatory schooi tor the reception, detention and Iu- j strurtion of * habitual tru uus" in spelling, reading writing, j geography. English grammar and arithmetic." Huch school, | however, not to be evt*n called a "lelortnatory'' scuool, so that no crim nal associations shall he connected with It. but it shall he known simply us, say. "Oily School No. 100." and he located n some hoaltl.y position, such, for instance, as the south wo* t corner ot Ward's Island, with not less than one acre of ground attached to the school building, and, if possible, two acre-. one h -un .arv of the Ward's Island location being the *ra-lu>re and a high wall entirely cutting oir all connection with the rent of the is and. Kesoived, That the building to contain such reformatory school should he of a sire sufficient t- accommodate 1MO scholars, and be so ana god that Iftuuf those might be b.?y t and fifty girls, and thai th? plan of the building should : he of such a nature that proper additious could h m ulo as the necessity arose, without interfering mater.ally wi:h the general appearance of the edit cc. Mich buildings od d have at lea*t tfir?o large dormitories foi boys and one for gins, one Urge hall tor th** lusirtieiioti of boss and a smaller ue I iui ?.?(*% ui gins, ??> with mo r?*qiu<iie roioctori^* to ( th ?l?o ro?u1onc?n tor t.ie f-umlv of the hcml inwirnrtor 1 tku<i manager and tor the uecenaary keepers or Jauitors. Tho preamble and rcxolulioa* wero referred to tho ; Com mi i tee on Bylaws. 1 John J. Donuo wns appointed Principal of Ornraraar | School No. 1?, Seventeenth wir.i, and Li?ulvuuut tioor^o W. Do I/Oug *?i .i| pointed executive ollicer of ttie itrhoolihlp St Mary's. The Board then adjourned. IllDROPHOBIA. A VERY SINGULAR STORY OF DOG CITING. Coroner Croker yesterday bold au inquest iu l!io ease of I.ouis Multer, agovl thirty-eight, of No. 791 Ninth avenue, who wu bitten by a put Spitz <l"g on llio Jd of July, and died on the 2>>ih ulk at the Ninety.ninth Street Hospital. A verdict of death from hydrophobia was rendered. The following testimony was taken in Lbo case Delia Multer, being sworn, said :?I live at No 7P1 Ninth avenue, the deceased. Louis Multer, v.as my husband; on trie evening of July a, 1S7C, tuy husband was bulen on tlio right wrist by a wnite Sum | dog: the wound bled freely; uiy hu-h.ind had It burned out seven days afterward, and had it cupped on each side; on Sunday week he came borne cotup anung 01 a still nock, but 1 pmd no attention to It. as I thought be bad a heavy cold; the next morning till right arm was bad, and ho could scarcely tiso It to dress muisell; wlieu he came homo Irom busiucss he was very bad and could not swallow any water; he wao very restieta; Dr. Smith was sent tor and tanned htm; this look his breath away and threw him into Spasms; he tot steadily worse In spite ol treatment, and he was unable to altep, but would start up In his aiuep; the next morning lie was seen much nxoitod, and w is very nervous, he could not swallow; lie tc d tuc he le.t the sickness coming on; he would not touch either me or the children; ho became very wild in tho afternoon, and wanted to bite me; ho due'd ll.o doctor out of tho room and attempted to bite me; lie Irothed out of | the mouth; between t vo and aix o'clock the s*me afternoon bo was taken to the Muety-ntnlh Stroct Ho* pital, where he died; when bo was tsken away he had tobe tied, as he waa very violent; be died at the Ninety.ninth Street Hospital at midnight lb s d .y , 1 uevur saw bun act as ho did that day ; ho had never received any injury about the heaiL The ra*e is especially remarkable owing to tho length of time that eiapscd between the Infliction uf tho bite and the death ot tho visum. - ? A CURIOUS RH'B AND A ROBBERY. Cornelias Devise, a buck uriftr, tn committed for 0 trial at the Kifiy-eevenih Street Court yesterday, oil charge of stealing a gold watch, chain and keystone, worth In all about $2tid The properly belonged to , I'bilip 0. ScbneOer, a Massachusetts citizen, who bad come with some friends on a visit 10 this city. Oa 1 uesday night tha party hired a carriage, driven hr the accused, ami urove about the city until two o'clock A. M. Kinding themselves at that Hour locked out of their lodging house, they lured the eo.cb for the remainder ol ibe night, and instructed tlie driver to t ike them around tue Park at a alow pace. Thia ho did until seYen o'clock yesterday to run g, when the/ stopped at the Museum to see the animals, sici.seller ? retua tied in the carriage, aa he wai at ill under the influence of I quor. He was robbed at that t me, but the property was subsequently lound upon the accused wiieu arrested, lie said he had takeu it lor safe keepIn* MARIUAOEJ A.5D DEATHS MARRIED. Hyma*?0rote.?On Tuesday, September 6, at Cbrul churcb, New Urighlon. by Rev. Goorgo D. Johnson, AooufU you Hvmas. of Bremen, Germany, to KaTua- i Riga, daughter ot If. K. Groie, of fcitalcu Island, DIED. Rallou. ? In hi* native city ot I'tica, X. Y., September 2, 1870, Waltbh 11. Ballou, id the 'Jub year uf tits age, and for ?>ktit yearn a ro.-idenl in Now Yurie city. . Ranckkh ? on 1 uesdav, September 5, 1870, Habt, wile ut IrciL A. Bnucker, in ibu 24th year of tier age. Relatives and Irienda are respectfully Invited to at. tend the lunurul, at the rosiden.e ol ber lather, J. C. l.ougboihuin, Bsq . -14 Raymond at., Biooklyn, oa Thursday, September 7, at hali-paal one P. M. Bsnkklin.? Ol kidney >in.ease, uu the 4tli insL, Mr. ' Jacob Bknkkun, in his 64th year. The reiativea and Iriend* are invited to attond tho funeral, un Thurnd.ty, the 7lb Inst., ut three P. M., Irom bis late residence, Newtown, I. I. Carriages in waiting at WinUoid station fur 2 o'clock train fruta Hunter's Point. HoATa ? Fell asleep 'n Jeaus, Wednesday, September d, laTd, fHoMAs iKANcia, second sun ol John and 4 Maria Buale, ol diphtheria, aged t) years, 11 months nui lio ilaya 1 anoral on Friday at two P. M. from So. 78 4t!t place, Brooklyn. Rohlkn. ? Uu Wednesday, September 0, 1878, l.rzziir, daughter ol tlenuiug and Katiu Boh.cn, aged 1 year una 8 mouths. Tne relatives and friends ol the fans*? are rospeetfulty invited to attend her luncral, Irmu'the residence of her parents. No. 31 l.nroy si., 6n Friday, tteplomber 8, lust, at one o'clock P. 11. BmTi.no.?On Monday evening, September 4, Jaxls H. Bu.nti.no, The relatives and Irlends of tho family, and Oscar Coles, Constitution and Madison lodges, F. and A. If., are reap, ctlully invited to attend the luueral, on r rlday, the 8th, at ball past twu o'clock, frutu 86 Henry sl, Brooklyn. Calhuun.?On September 4, at Cornwall, Conn., Sakau M. Warner, widow of tho late John C. Calhuun, aged 65 years. Funeral at Cornwall, this day (Thursday), at half-past two P. 11. Colli an?Wednesday. September 8, Mart Ann Collier (of cauccr), in the 36th year ol ber ago. The friends of her brothers, James W., Thomas J. and Joseph II. Collier, are respectfully Invited to attend tho funeral, from SL Ann's church. 13th St., on Saturday morning, at ten o'clock, when a solemn requiem mass will be offered up lor the re,.use ot her soul;' tbence to Calvary Cemetery. Cukuac.?Un i'uesday, September 5, Rath Mast, wife of Francis Cor mac. Funeral on I'bursday, 7sIt, at ten o'clock. 1)kvlin.*-Un September 5, Cathahnm, the beloved daughter ot James aud Margaret Devlin, ated I) years arid 4 months. runerul will take place from late resldenco. 428 West 42.1 si., on Thursday, September 7. at twu u'cluck P. M., for Calvary Cemetery. Dkyo.?At Vewburg, on Tuesday, September 5, 1878, Frank Dk Witt, son ui Na haniei and CoiuonaB. Dsyo, In the 2stn year ol his ago. Friends are invited to attend the funeral, from big late residence, on Friday, the Ml. Inst, at two P. M. D.iTlb.?On Tuesday, September 6, John Doyls, aged 36 years. The funeral will take placo from hlr late residence, 107 Sackett si., Brooklyn, on Thursday, 7th lnsL, at l? ki Fauan.?September 5, 1S78. William horav*. 1)0loved son ol John W. ana Margaret A. F.gun, aged 1 year, 1 month and 3 days. Funeral this allernouu. at two o'cIock, from res'dcnco of parents, 23 Scammol St., to Calvary Cemetery. Hanuattv.?Utt Monday, September a, F.dwakh OaXrattt. of county .Muuaghan. Ireland, after a lingering illness, In the 4lKh year ol his age. Relatives and friends are respectfully Invitod to nU tend Ins funeral, on Thursday, the Tib insU, front li.l-sv.lle Calbohc church, at ten o'clock. Ua.-tisus. -In Ihisctly, Wednesday, September 0, ofl meningitis, Ct.tfKORD L'tikobtos, intaut son ol Courts h land la. at.d Florence A. Hastings, aged 2 months as4 16 days. Itemalnn to be taken to Chelsea, Mass., tor interment. IIavkktt.?In Brooklyn, on Wednesday, Scptcmbef 6, 1876, See as C. Havkkty, the beloved wife ol Joint Haverty. aged 19 years. The relatives and friends of the family are respects j fully invited to attend the funeral, lrotn her lata reals donee. 55 Uegraw el., south Brooklyn, on Friday, n( ot.e o'clock) trout ibthco to Calvary Cemetery lor lu4 Haws. ?Ou Tuesday, September &. st tlie resldoneo of her brother-in-law, Mi. 11. N. Knotting, No. 10 East E6th st, Kmily A., wife ol ibe late Geo. T. flaws. Kelsiives aud friends are luvitcd to attend tbe funeral, on Thursday, ilia 7th, ten o'ohick A. M.. at St Ignatius' chuich, lOihst., belweeu nib and 6ib ava. Hkioins.?Suddenly, on the .'id met, of heart disease, at the resirten e of her grandson, In Philadelphia. Misi.tHtr M Untune*. wile of Ehsha II. illggtus, ami daughter of the late l'hilip 0. Ituckel, of this oily. lliu.? September 6, owm tirs-ia Ilau only boloved child of Georgo A. and Mtnuio 11:11, 1 roar, 3 mouths and 11 data * Funeral Thursday aflcmooo, at two o'clock, from thoroedencc ol his parents. No. U5(5 I'hciQi: at. and Grain} av., Ilrock.yn, I.. I., and thoi ee to Flatbush Cemetery. Hiiitos.?Suddenly, on Monday, September 4, a( Flushing, i. I., Damkl W. H ok ton, aged 35 years, fol many years clerk iu the Foreign Department, Now York I'ost Ollice. Fuuerul servieea at two P. M,, Friday, September #, from thu Reformed church. Flushing. Trains tears Hunter's Point at l'J:0a, 1:00 and 1 :i>3 P. M. From James slip ha I fan hour earlier. < Hot.?At Greenburg. on Tusartay morning, Scptemb r 5, 1370, Iaa BKh, wllo ol Williams. II uut aud daugh. tor ol the i to William C. F.ppes, aged 1'i yoars. The relatives and mends of the fa .illy are respect, fully invited to attend the lunoral, at Grace church, Wh te Plains, ou Friday, at ouo o'clock P. W. Littkll.? On 1 uosday, September 5. ol diphtheria, Wim.ik, son of William 11. H. and Amelia J. Littcll, aged 0 years Funeral services on Wednesday evening. Interment ' a. Woodlawn Cemetery. MASiitRaos.? ou Wednosday, ?th Inst, Patrick M. Mastkk.aos at Far Ko? kaway, u t, iu his 4Stb year. | I he relat ves and Irieutia of the lainlly, and also thoao of his brother, Edward, and brull.i'r*-!n-law, Michael Mnlrv, I be tas, John, James, Patrick ami Tereuce Breanu, are reepectlully Invited to attend his funeral on Friday, Sth lush, at hall-past one P. 11., Irotn his laie resnlenco, 113 av. 11, thonco to Calvary Cemetery lor interment. Mast.?Ou Wednesday, 6th Inst, at ono A. V., of > old auu, Laura. widow ol Uvhjumtu Many, in the Wl?t year of her ago. The funeral services will be held at the rosidenco of i her eon in law, John Dorundeon, hush wick av , corner Magiiuila si , Uri . klj u, E. D-, on Friday, the Silt l -l., at two P. M. The remains will he lakou to New liurly, Ulster county, for in oruieut Montooskrv.?Ou Tueaday, September 6, Bkvjaui* V. MoNTiioukkt. Ill Hie 47tt> year ol Uts ago. TI.e relatives and friends aro requested to attend trs tuneral, Itus day, al two 1' M , from his late residence, 4?7 Fulton av., Brooklyn, L. 1. M' &antoM.?\t ttic l'lerpont House, Saratoga Springs, N. Y., hollbKT it iHUlse*. ul iUUu..*a, Cuba, aged years. t uneral was from the above named place, September ^ 1, three o'clock 1'. M. Mosxaax? At Port Chester, 4th Inst., Ciiarlks \V. Mokkmax. aged 2k years. Funeral services at St Peter's Church, Port Chester, on Thursday, 7th ii.st., al hull-past eno P. M. lleiativosand triends are Invited to attend without further notxo. New York and New Haven train Ic.ivea Grand Central depot al twelve il McConstu.??>n Wednesday, September (I, Jon*. lotani ton ot John J. and Maty A. klcCoaucll, a^cd 7 months. Funeral from 257 West 41st St., oil Thursday, Sep* lembi r 7. at one o'clock. McOowax.?At Fort Hamilton, on Tuesday, 8ept*motr ft, at the resldencs o! his sister, Mrs. While, JaMRS 1 IIcUowav, youngest s n of tbo late Martin and iforumy )lc(>owan. in toe 20th year of bis age. Funeral irom Fort Hamilton this Thursday, September 7, at one P. M. The relatives and Irieuds ol the (ainily are respectfully requested to inect tbo rcuia us at the Houston streol lorry, Brooklyn, E. U., st halt'past two P. M ; tbeoco to ( aivary Cemetery. M c I * tv ri.?Tuesday, September 5, Da.mxl F. Mel*TVi;s, aged 3d years. Tns relatives end friends of the family are respectfully invited to attend the funeral, from tho residence ot tiis brother, 026 Calyer 'at,, Greonpuint, on Thursday. at two o'clock. griss.?September 0, 1176, In the 4th year of his age, Dcmtu, only son of William and Ciitnarluc (Juinn*, natives ol Uortacar, Tyrone, Ireland. The relul'vee nod friends sre respectfully Invited to attend the Ionoral, Irora tho residence oi tits parents. j>o. v v ?ihi iiv ?v, vii mursnay, At one P. M. Si'hravbr?On Wednesday, the nth lust., af'.er ft abort tllneaa, Asa* M., >vt: ol John ichreyer. J Notice ol funeral bereaf.or. Stasto*.? Oft Ilia tiQ lust., Margarit Stavto.v, aged 6.'i years. The relatives an<l friends of the family are respectfully Invited to attend Ilia funeral, Ironi tier lftie reil>| dance. So, 14'.! Cherry si., ou Thursday, Seoteuibcr 7, at one o'clock. Vam Uri ?t.?In Rrooklyn, on Monday, the 4th inst, Finns a, widow ol Ntcbo.ae K. Van Bruin, in tliu *4tU year of her ape. ( Kunoral services at her lata residence, 918 Comberland st., on Thursday. ma lilt '.nan, at three o doca p. M. t'.eUtlvea and friends aro respectfully invite I to attend. Va* Nist ?On Wcdn?s!?y, September 8, at East Ornngo, S. J , Or ACS WKSftavtLT, daughter ol Jose- A pbtne Wester veil and John K. Van Nest, aged 'iS days. Tha relatives and friend-i are Invited to attend thai funeral services, at the residence ol tier parents, Walnut an, East Orange, N. J., on Friday, the 8th, aft twelve o'clock. Train leaves loot of UftrftlftV >n PO tironso J unctloa ftt 10.40 A. M. J