The New York herald. [volume], April 03, 1877, Page 5, Image 5

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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THE RING SUITS.
No Prospect of a Compromise
with Tweed.
PETER B. PRAYS FOR PEACE
How the City litis Received and Paid Ont in the
King Prosecutions?Some Fat Fees.
The much talked ot compromises which William M.
Tweed's counsel was going 10 propose to tho Attorney
General has been shelved lor a considerable time, If
not forever. buoh was the substance ot a statement
mado by tho ''Moss"' counsel, Mr. John D. Townsend,
to the writer yesterday afternoon.' "We are Just as lar
from a settlement of tho manor now as we
ovor were," said ho. l'bo can so of tho bitch
Mr. Townsend declined to state. It Is under
stood, however, that tho trouble lies In tne fact that
many ol the persons to whom Mr. Tweed transferred bis
property for safety when tho King's troubles began ro
fuso to part with It now, and that to properly examine,
acquire tho title of and appraise even the portion
which caq be recovered will he tho work of months.
Mr. Wheeler 11. l'cckham, ropreseuting the Attorney
General in tho matter has declared that ho would not
?ottlo with tbo ex-Tammany chieftain for any beggarly
sum, aud Intimated that half a million would
bo the minimum. Anv settlement with Mr.
Tweed would, ol courso, linvo to loclndo Uio
ontcrlng ol a nolle prosequi in each of tho
four crlmlual indictments lor lulse pretences and con
spiracy cow on fllo against him in the office of tho Dis
trict Attorney; and the temper ol tho prosocutlon In
dicates that ft would rather have "the old mun" con
victed and sent to Sing Slug Prison than acoept any
moan amount of money in scttlomcut.
Tbo suit begun to recover $7,003,000 from Peter B.
Sweeny, which was originally sot down lor trial
yesterday, was postponed until June 4, at tbe request
of his couusel, Mr. William A. Beach.
A CARD fi:om silt. tVIISY.
Mr. Sweeny has scut tho following card to tho
Herald, with a request for Its publication
TO THIt I'(7III.M*.
It 1. usually unwise to discus* la the press subjects ex
pected to bo submitted to an early Judicial investigation.
Sometimes, however, public minor a.sumes scapes hostile
to an imperii 1 trial, and suclt seems to bo the effect of
the many injurious speculations concerning; myself. X do
not propose to try my case out ol court.
1 returned Lo this city as soon as f learned that ray pres
ence here was desired bv the complainants. 1 came to at
tend the trial ol my cause, aud expected it would ho tried
oti tho 2d day of April Inst. Tim engagements of one of my
counsel inudo a postponement neoesiary, much to my in
convenience and disappointment. The statement that I
liad revelntlous to malm concerning Mr. Halt, or any
other porsiiu. Is entirely without Inundation; nor cnu
nay bo truthfully tiinuu hi regard to tnynell. It is
equally nnlnuiidetl that I am negotiating or attoinptlngto
negotiate any compromise of my litigation, or that 1 uiii in
any tvny concerned with sny supposed cotupromisu between
others. 1 am hero to try my cause, anil am ready to try it
mid do not hesitate to submit myself to the unprejudiced
judgment ot iny tcilow chitons. I loft this city without
s crccy. My intended departure was announced in the
press. The District Attorney, Mr. Pholps, tvas
uotillcd of my inlontlon and Hinted that he
knew no rcasou why 1 should not travel where 1
pleased. No charge, civil or criminal, was peudlng against
inc. I hail sought an Investigation ol my alleged relation
to the matters involved by those who acted on uetialf ol' the
public authorities. It tailed without my tuult.
( nder these circumstances I muy, 1 think, sppeal to the
Justice of ihu press and the public to sutler me lo await un
obtrusively the result of my litlgntliiu without enduring tho
ceaseless and injurious imputations which have pursued rue
since iuy return. 1'ETER 11. SWEENY.
JUDGK wkutiibook's okuxk.
Tbo following is tbe text ol tho lorrual order which
was entered yestorday, postponing tbo hearing of tho
$7,000,000 suit agaiust Mr. Sweeny;??
The defendant (Sweeny) having moved to ndjourn this
cause (Thu People vs. Sweeny), on account ot tho engage
ment of his counsel until the 4th day ol Juno, 1W77, and the
Court having concluded to grant such motion, on condition
that the defendant (Sweeny) shall stipulate to try saoli
cause at such adjourned day, nndsliall also stipulate that the
plalutllf on thu totul of tins action may read as evidence in
I his cause the testimony taken In a certain action between
these plalutilfs aud one William M. Tweed, uud the .Mayor,
Aldermen aud Commonalty ol the city of New York, de
fendants. us printed in the ease, tor mi appeal to the (Jen
eral Tartu in said aettoa. with the testimony ot John il.
Druper. John 1,. Everitt, Ansel K. l'arkhurst, Muulou
Stock, William 11. Cox, Edward D. Williams, benjamin L>.
W. Uleeckcr, John C. Crufksbank, Howard H.
Park. Arthur E. Smith, Sydney E. Ford hum
Francis A. Palmer, Arthur J. Kice. John
W. Ahles, John C. Wood, William M. blmp.on, John
II Htopiord, Joseph W. Stop lord aud Francis J. Twoinay to
tbe ssuie effect, aud subject lo the Mine obligations to its
?diulssibtlity, as if the said persons were produced oi sworn
ss witnesses on the trial of this action, and ou tbe further
Miislderniioii that tho defendant Sweeny consent lo lite
lischurgu ot the jury now struck for tbe trial of thin action,
sua to mo striking of another Jury lor the trial of this ac
tion, and to the entry of the proper order therelor.
And the defendant Sweeny having, by his counsel In
speit court, consumed lo said conditions; now. therelore. on
motion of John Mclvaun, attorney for said defendant
Petor II. Sweeny, and alter hearing Mr. Peckhain Inr plain
tiffs. and Mr. W liitney lor tho defendant corporation, It ts or
dered that this cause he anil the same Is hereby set lor trial
on the 4th day nf June. IS77. Ordered farther, on motion or
Mr. Pockhani, and tbe rtofoudaut Sweeny, by Ills counsel
John Mcheon, and tbe defendant Corporation, by its coun
sel Wllliatu C. Whitney, in open court consent
ing, that on tie trial ot this cause the tes
timony of the persons hereinbefore named may he read lip
either party, front the printed case ou appeal
In the aetimt of The People v?. Vt m. M. Tweed et al., with
the same force and effect aud subject to the same objections
to such testimony and any and every part thereof as If me
slid persons were personally present aud examined as wit
nesses in this action ; and on like in jtlon and like assent In
open court, it is hereby ordered that the Jury iiercioloro
struck for tbe trial ol this action bo ami the same Is hereby
discharged. And on liko motion mid like consent ill open
court, and it appeariug to tho Court, on the suggestion of
tbe counsel lor said Peter H, Sweeny, agreed to by tbo
counsel lor the other parlies to this action, iliat the Comity
(,'lerk is not indifferent between the parties to this action.
It is ordered that anuther Jury he struck for the trial of this
action, and that IJeury E. Uuvies and W ilsou (i. Hunt are
lierchv sppoiuted the proper persons to strike such Jury,
mid llist such jury he struck ou or prior to the 10th day ol
May, 1M77. J. it. WE.STHKOOK,
Justice Supreme Court.
PROFITS AND POSSES OF THE ItlXO SUITS.
Comptroller Kelly yesterday transmitted to tho At
tcrnbly au Interesting statement of the amounts re
ceived by tbe city in tbo Ring suits, and ulso Wio
imuunts paid and allowed lor logal services in connec
tion with the same. Tbo following are Its main fea
tures :?
Schedule A exhibits the amount received and deposited
In lite City Troasvy to tho credit of "Public Moneys He
roverctl,' under chapter 4D, last of 1875, by and through
lion. Charles 8. Knlreliild, Attorney itunsral 01 the male,
and ulso the amount allowed anil mild by him lor legal ser
rices and expenses out ot tho moneys so recovered.
.?schedule It shows in detuil all paj ments at liabilities and
expanses lor counsel lees and otiierniso, amounting to
rilia.lNll.miide I y tin- finance iirpiiriment upon accounts
duly certllied in pursuance ol acts of the Legislature mid
Ironi appropriations therein provided, as follows, to wit
IM70?Cnapicr amount uppriiDriiited 550,1* X)
1*73?'Chapter i>:ll, aninuiit appropriated 25,1 SKI
1H74?Chapter 3511, amount appropriated 25,ODD
187tl?Chapter 212, amount appropriated 25,1**1
Total $12.T,U<*>
Schedule 0 shows In detail all payments made by tha
Finance Department, en account of liabilities and expenses
for counsel lees nun nthurwlse, In the prosecution or suits
ol lite city and county of New York against William M.
J weed and others; and also on account of services of ex
perts and account ants in procuring ana presenting ovldence
In suits and proceedings relative to frauds; sain pay moots
amounting t" tl*),ltii. being made Irom "arrearages ot
1871," under the authority ol chapters II and 2D, Laws of
1872; and also Irom appropriations matin by the Hoard of
Estimate and Apportionment lor "coiittngencles," county
ol New York, ami Comptroller's oltlce lor 1872; from "sal
aries Finance Department" lor IhHI, 1*74 mid 1875; anil
also tronr ppronrlutlous "for procuring and presenting evi
dence in all suits or proceedings relative to Irauds commit
ted prior to January, 1872, on the city and oounty ot Now
York."
The total amount received on ncconnt of tho
"Ring s iits" by the Attorney General of the
State, as shown by schedule a, is fBOO.8411
Less amount paid liy tbo Attorney General 32,1112
Amount paid Into tho City Treasury p 158,2117
The iolltiwiiig la % summary statement of tho amount
paid to Individuals as per schedules A, It and O:?
Wheeler II. I'eckhiim, lor legal services as per
schedule A 5)2,240
Wheeler M. Peck ham, fur legal services as per
schedule II 4-5,1131
Lyman Tretnain, tor legal services its per tchedulu 11 26.0UU
Ilenry D. Clinton, for iegnl aervlces na per sched
nlo It 6.000
James tj. Carter, lor legal services ns per schedule It 0,0711
Harlow A Olney and I'eier H.UIney. lor legal services
as per schedule H 4.D2I
II. (J, Allen, for irgal services as per sehedtile II 1,500
Edward J.. Harris, lor legal services as per sched
ule 11 i.im
8101 on Sterne, for legal services as poY schedule H... I .Dsi
.Dunes bmotl, lor legal services as per schedule II... 1,1**)
Charles F. Stone, for legal services as per srbed 11 Id It 1,1**1
John F. Psnona, for legal services us per sohednla It Ik*)
J. M. ltuakiiigham. tor logal services us per sched
ule It 230
(Inn 1:0 T. Durtis, lor legal services ns por schedule li 15.1**1
John K. I'ofter, lor legal services as per schedule 0. 12,401)
John II. Htraban, lor legal SOI *Ice- a per schedule C U..VA)
Charles O'Conor, for cash ?llsliursemonis, ns per
schedule It 5,i;i(t
Henry F. Tulntor, tor services as ncconntaiit as per
schedule A 30,203
Henry F. Tnlntor, for expenses ns per schedule It ... ID3
Henry F. Tnlntor, for services as ecconutnnt, Ac., ns
por sohailulet; 45.883
Arthur K. Smith, lor services as dork to Tnlntor, ns
per schedules It and 0 3,722
Robert Y-lvertou, lor services ns clerk to Tnlntor, as
per schedule U OHO
Euganu <1. Harrows, lor sorvlces as clerk to Tnlntor,
us per schedule (' qqq
fame* Graham, far services as ciork to Talntor, us
per schedule D 450
tolm A. Itoldiison, for services as elunt to Teintor, its
persehednle C ;gg)
Christian Classen, lor services ns dark to Talntor,'aa
jier schedule 0 |?n
B. Atllnelll, for services ns clerk to Talntor, ag
per schedule 0 j(y)
L, It. 1 rimn, tor services in suit ol George .8. Miller
and travelling eSpeiMet, us per schedules H and C, 107
11. <i. IJatlteld, for services Investigating accounts of
J. If. hejscr. Ac., as per schedule t' Hp;
Cieorgo P. Weh-ter. f< r services In relathui to fraud*
prior to 1872, ns p 1 schedule I' jpgl
Peter Mitchell, lor retainer in suits growing ant of
tbe frauds, ns per schedule I' 230
C. O. II llanleit, for ptociirlng evidence, Ac , relit
tlvo In Iriiuds us per srlieuulo (! jojy
Thomas ?'. Ufndy, for procuring evidence, Ac., rein
live to Irnndn, us per a cliednle t: |i*i
1',. fa Anthony, for services iis per seh"du\o A jm
George W. Kuiiih, lor services us clerk, us per solicits
?'u 1? lit hi
F. W Rhoadca, for Mrvice* as clerk, n per ached
nle B 025
Thomas C. Kusall, for services ?a clerk, o? per sched
ule B 663
Itoh'; I*. Harlow, for aervicee aaei .'rk. ea pur schsd
ule B , 150
John J. Donaldson. for dlabureeitirata of Special
CetBmltter'ill Investigation, ee per acheilule 11. . 4.<X>
li. I'i'uelaod. tor -rplrr- ea account -nl under
chap. 844. I.uu - o! 1872, "a per schedule 0 2.5f>0
.lohn Polheiuua, lor prinilflK. a- per acheonle 11 1,468
l.'haa. I' i"iiug, lor sleuog;'?iiiiic reports. aa per
-ehedule II .... 507
Warhmton. Botiyn.'e >fc "udcihill. stenucr.iphic rc
rxirta tit Hrcuuieuta. dc 909
A .lull Fiukenoti. tor ?arrirf? and expcn-e* 2nd
joa. K. I'aine, lor examining eiirmuurca of llell,
Tweed ana olliara 150
Da rid 11. olid T.Hloavo. fhr printing 03
11 \V. Moore, tor aerviceal.i tieliel ..sue 90
John K. .Moineliun, lor services aa messenger 5*>
?lohn 11 Kitchen, tor eerrieea aa messenger M)
\V:u. Montgomery. lor services iu tienet caao HO
Chat. M. Wiley, tor services in Oenci case So
A iu. C. Bryant A Co.. lor printing 27
Tlio>. ti. DuRy, for aorviei a and expensos In ?npror
eoll case 25
Totul 9230*71 r
tHamruTton.
U'rr ,pt4.
Total araonnt recetred on account of "Ring sulfa"
aa | er acliedule A...... $llfK),S49
of iliia niiiount the aiim ot $tio'i,237 waa deposited in the
City Treasury.
Taytuan.
On iiccount of Riiis; suite "? per schedule A r'.'t'J.i' I 'J
On account of llimt Mutant per acltedulo it lifl.UOl
On accouut of ttlug suite ua per acliedule C 1U7
Total 92211.711
Of tlila amount the tuin of $32,613 52, Wis di?liur-eil l>y
tlio Attorney Oeneral of the State. h? shown In ach-dulo A,
and the remainder waa paid to the individuate named In the
sctientiles 11 and C. by warranty on the Oltv Trraaury.
The lorogultig la a statement in lull of the amount which
by tbe hooka of tho Comptroller's office appear- to hive
been rreeivod In any anil aalt of the suits brought lor the
recovery of uione.rs belotiglmr to the city of .New Tors,
and commonly known na tho ' Klnc Milts," and the
amount which linn been paid as allowed tor legal services
or expeuse* In and about iho same, including payments lor
cm.inination id books, voucher* and aeconnts, and tho
prepurutiou of Ilni ot hlcnce of fraud, made by accountants
anil clerks specially employed tor that service.
Accompany intc tho abovo Mntemouts nro tho ttched
ulea referred to, containing lull details of payment*
made.
SHERIFF'S FEES.
A TEH TEARS' EXHIBIT EKOM THE COMPTEOX,
DER's OFFICE?AMOUNTS PAID TO BHE11IFFH
KKLt.Y, O'BUIEN, BIII.NNAN AND CONNER?
UNSETTLED CLMMH,
The Legislature recently called upon Comptrollor
Kelly to furntsh copies ol tho various bills rondored
by tlio Sheriff against tho city and county of Mew
York "during oncb of tho ton years prior to tun 1st of
January, 1877, with on accompanying statement show
ing the amount which has boon putd on each of said
bills and tho amount ctill cliutnod, hut not putd."
The following are the totals covering this period
UiUs l'resentid, lulls J'aid.
1807?John Kelly, Sheriff.... $21,2 "J u" $24,2uo 07
1868 i Jiimue O'Brien, shorill. 200,134 40 200.124 40
1809} Suncoiuuencud lor.... 258,383 41 I'upuid.
1?70)
1871)
1872} Mnt'hwT. Brconan, sh'ff 407,875 35 122,135 33
187:;)
Wm. C. Connor, sherlfT. 275,430 00 02,710 82
It'will bo seen that tho ten years tuciudo ouly ono
year of Comptroller Kelly's term aa sheriff, wnilo tho
full terms ol tlio other tbroo sheriffs are included, Tlio
resolution ol tho Seualo does not call for any more
figures.
It will be seen also that the total of Sheriff O'Brion's
bill amounted to $554,719 90. I bo sum ol $88,0.21 42
Is put down for salaries o( jailors, clerks, keepers and
other officials.
A suit lor tbroo quarters ending September 30, 1872,
amounting m $52,868, wus brought by Sheriff Brenuun.
A counter claim was set up by the city for nndolfyay
ments made In 1871. Ibis counter claim wiim sus
tained, and the city recovered ludgmont for $30,153 26.
Tho total amount of sheriff's bills lor ten years end
ing December 31, 1870, amounted to $1,322,240 32.
On ihese bills the city paid $605,189 71, leaving a
balance claimod of $817,050 0L
MUNICIPAL NOTES*.
City Chamberlain Tappun rocelvod $711,894 80 and
disbursed $728,302 44 during tho past week, leaving a
balance in tbe City Treasuay of $?G2,140 44.
Comptroller Kelly yesterday paid the March salaries
of tho employes of the Fire Department and Commis
sion of Churltios and Correction.
A meeting of iho Armory Commission, which con
sists of Mayor Ely, Comptroller Kelly and Tax Com
missioner Andrews, was held yesterday. Testimony
was taker, as to cortain claims lor urmory rents, but no
awards were made.
The Dourd of Aldormen will meet this altoronon,
when tho dog ordlnanco will probably bo called up lor
consideration.
Tho "Omnibus bill" and kindred measures contlnuo
to be topics of boated discussion uround tbe City Hall.
I.ocal statesmen leel anxious as to futuro prospects for
obtaining tnuir bread and buttor.
THE POLICE INSPECTORSHIP.
General Smith, president ol the Polieo Board, yester
day positively assorted that no action such us balloting
lor, recommending or stating proioronces (or any one
to QU the vacant inspectorship bus at any time been
taken by tuo Commissioner?. There has been
some desultory conversation on tlio matter
Irom tune to time, out no official action,
l'lio Board Is contenting lisell at present
with examining the police cuptulus' records. The most
prominent candidates lor llio place were Captains
MncCullagh, MolHtiinell, Willia,in Byrnes, Conner,
CopolHtid, Potty and Walsh. It is Impossible at this
tune, said Uoneral Smith, to name tho successful can
didate. Wlicn tho Board dorados upon a choice tho
same will Immediately bo made public.
BOARD OF EDUCATION.
The Flnanco Committee ot the Board of Eduoallon
bold a meeting yesterday to routine current business.
The Committee on Touchers held a session to consider
abseucos ol teachers lor tho month ol March. and also
to consider applications lor additional teachers m tho
various wards necessitated by an Incroosed attcndunco
In tho number of pupils. The Committee on Bylaws
held a meeting to consider tho resolution offered by
Commissioner Walker nt the last regular morning of
the liourd relative to a motliiicuilon ol urticlu iu ol tlio
Bylaws iu relation to corporul puuishmeut. Owing to
other important subjects the matter was laid oror.
Buuled proposals wero received by tho Trustees of
tho Twenty-third ward tor enlurgiug Grammar
School Building No. tiJ, located on third nvunuo
near 16Sth street. Tlio bids wore (or mason work, car
penter work, painting, steam liesting and lurnuurc.
Tha contracts wero awurded at follows:?Mason work
to Thomas Lcuuon lor $8,640, carpenter work to
Michael McDonough lor $11,1111. painting to John 0.
Grant for #060, heating appliances to John Keul k Co.
lor $4,400, now lurnlture 10 the National .-cliool Furni
ture Company lor $3,468 37, and tho repairing ol old
furniture to Wulgrain k Buscall lor $647. Those
awards must be approved by tlio Board of Kducalion
before any contracia are signed.
EVENING IUGH SCHOOL.
Tho Evening High School closes Its session of 1870-7
this evening. The attendance lor the past year has
been Inrgor than heretofore, tho nvcrngo being 1,045
lor iho term, and the proUcloncy of the pupils much
nioro marked. The usual closing exercises are to bo
dispoiisod with.
CAPTAIN MURPHY'S TRIAL.
Tbe trial of Captain Murphy, ol the Twenty-first
Precinct, wus yesterday begun before tho l'ollcu Com
missioners. Two charges were made against bun.
Olio preferred by Messrs. Colguto and Comstock, of ll.o
Society for the suppression of Vico, the other by
.Superintendent Walling. The latter llrsl came up lor
consideration. It specified that two wnrruius had been
Issuod by a police Justice lor the suppression of two
Douses ol prostitution located In llio Twiiiity-Drsl pre
cinct and ttint Captain Murphy had delayed taking liny
action against them in one enso lor a wick and
In Ilia oilier for ten days. Counsel lor tlio
defendant admitted those allegations, but stated that
he had acted under the mat ructions of mo magistrate
who issued luo warrants, and so wan exonerated Iroin
all blame. To substantiate this, Police Justice Btxby
was called to Hie stand and torlilicd (hat lie issued tho
wnrrunta to Cnpiaiu Murpliy but directed lilm to act
upon lliom only wbuii bo was sure ol securing
enough evidence to convict the proprietory. Captuiu
Murphy slated that as this could lie done only when
the houses wero lllled with people he wuitcd until
such ? moment and I hen made a descent upon I hem.
It was found, too, that this mode ol procedure resulted
In tho breaking up ol one ol tlio houses, and ills other
is lo bo closed nt once. Ibis charge against the Captain
was dismissed.
The evidence ol Messrs. Colgate and Comstock was
then taken. They charge Cnpiiiiu Murphy w ith tole
rating in his precinct immodest porlorinuncns in a
place ol amusement known as Egyptian Ball, and they
tiuvo summoned witnesses to show that these exhlm.
lions aro vulgar and indecent, ami that Hie Excise law
Is violated nightly iu Hie place. Tho caao was then ad
journed till Monday next.
A CARDINAL BLUNDER.
Mr. Kosciusko H. Koselowskl, reporter of tho
Brooklyn Freie I'reuf, wus sent to the Kintbush Luna
tic Asylum a few days ngo to report the proceodiugs
before the Supervisors' Committee of luvestlgnt'on at
tha' Institution As the committee was not in ses
sion, Koselowskl telegraphed to lho Brooklyn I'olico
Central Office, saying thai lie could not he back In
timo lor llio paper. Tho announcement was tele
graphed front the Central officii lo tnu .Second pre
cinct station, where it was given to a policeman,
who was told to call at the /V.*?e oflice, on Myrtle
nvenae, mid notify them. The officer, not catching Hie
words ol his instructions correctly, li asit nod lo the
oilier, whore he made ino startling slaieim nt lie had
been told lo inform Hie paper Hint Cardinal McCloskey
bad just been hrougnt lo Iho lunnltc asylum. The
result was Hint a despatch wan primed in Hie
purporting to cotue Irom Flalbush, giving tho absurd
information.
RAPID TRANSIT.
The Measures Aimed to De
feat It.
A BRIEF BILL TO SAVE IT.
An Argument Before the Legislative
Railroad Committee.
Alb.mtt, Mr.rch 31, 1877.
Thcro can bo no lair show Tor rapid transit In New
York city until n check is put upon the facility with
which a certain set of obliging judge* grant injunction*
to overy Tom, Dick and Harry tbat makes tbo appltca.
lion. (Jl course everybody is aware that borso cur
railroad'ccunpanies are at the bottom of two-thirds ol
i he so applications, and iho over zniil of ono or two
judges to carry out their wishes Is by no means aboro
suspicion. The people, not many years ago, rising In
thoir majesty, threw off tbo Incubus of tbo Tammnuy
King, aud sent sovoral Tamtnauy Judges to wander dis
graced mid branded about tbo world, and they ore quite
able to rid Ihcmsoivos. if tbey ti.cau 10, of the outra
geous street railroad combinations ami their obliging
Irtoudt upon the ilcncb who stand In iho path ol rapid
trausit. Year alter year the agents of tbo Third avo
nue and other roads have infested Albauy on tbo look
out and ,witu the purposo to doleat any incasuro
designed to forward rapid transit. As already stated
in the Ukkalii, they havo tills yenr concluded to ralso
such a sum or mouey as they think will buy ovor all
oppontlou and put a quietus on rapid transit for all
limn to come. Tboir ugents in tbo l.cgislaturo have
introduced hills aimed as a death blow to rupid trausit^
and they appear to iccl confident thnt tbey cau suc
ceed. Provision has been made 10 watch the opera
tions of these enemies of tho people's Interest, and It
will not bo so very dtfllcult to vaoate too charier ot
any street car railroad in New York that may bo
pruvod to have contributed money to Inftuonco legtsla.
t ion.
HO ACTION BT TIIK COMMITTKK.
Nouo ot tbo bills uflccitng rapid transit, one way or
the other, lias as yet been reported. . Tlioro is nothing,
however, very suspicious lit that fnct, because the
committee resolved to give Iho fullest hearing to both
sides ol the question as long as a bearing was desired
or demanded. Tho ultimate uutlun ol tho oomtnitteo
it Is impossible to determine. Unman naturo has
changed n ine slnoo an ailvcrso report was givon on
KIlllsB's "So seat, no faro" bill, und It nocds 110
ghost oorno Irom tbo grave to toll us what brought
about tbat rosult. Tbo bill wntcb tho friends of rapid
transit hope to soo passed Is short and concise. It
covers tbo wbulo of, und a little more than, tho grouud
covered by tbo Ecclosino and Sclkreg bills, and is as
follows:?
As Act to regolsta the granting of Injunctions In certain
eaten.
The People of the state of New York. represented in
Senate mid Assembly, do enact us IoIIuwh; ?
Suction 1. Whenever any 1 abroad company, organised
under any special or general lav of tills Slate, .-hall lie oc
gaged In constructing or operating any rsllrond, colorably,
under and In pursuum-g ol suy Imv ol this stave, no injunc
tion ahull bo granted by any court or Judge thereof to re
atr.Cn audi conatrui tiuii or operutlou, upon any alleged
ground of the Invalidity of such law or the Illegality ut auch
?irttelitre or oporalli.u, until a lull trial or hearing ha. been
Brat had upon notice; nor enleas the plnintill' iliall flic an
undertaking. with two sulllclen: sumtl ??, to be approved by
the court or Judge, la tho penalty ol not lea* than $10,1X10,
to pay all damage* which the ilelondatit may auatalu hy rea
son ut auch injunction: nor, In case of a provisional injunc
tion, utter hearing and before trial or the Baal determination
ol the case, -hall such Injunction he leaned if the defendant
shall 111* 4 like security In the like amount as required ol
the plaintiff, 10 he approved In the same manner, condl
11 Oil I-It to pay to the plaintiff n't auch damages as Is n may
recoror In Iho action, if tint Injunction praved for shall l.o
finally awarded therein.
SCO. 2. This act shall not apply to actions brought by the
Attorney (leneral In behalf of the people of this State.
Ski'. 3. Tina act shall tnku effect immediately.
A MOUNTAIN OP OBSTRUCTION.
The bill which the irlends of rapid transit bop* to
sco take a northwest passage to everlasting oblivion Is
that inlroduoca by Or. Isaao I. liuyes. It provides
thai no person or corporation shall bo allowed to
build, construct, operate or uso any elevated railroad
upon, along, nbovc, through, over or across any public
street, road, avonue, highway or public pluco in any of
the dittos, towns or vlltngos of this dtuie, except upon
previous puviocnl ol conipciiuuion, to bo uscerlainud
and determined In the manner provided in tills am, to
tho owners ol and to all persons Interested as mort
gagees, lessees or otherwise in nny property, real or
personal, which may be injuriously affected by any
such elevated railroad, or hy the use or operation
tlierool. The second section provides that whenever
tho construction, maintenance, operation or uso ol nny
elovaled railroad shall depreciate the value or other
wise injuriously affect any land, building or other
properly, real or personal, on or along the rou'.o ol
nuy such elevated railroad ur in its vicinlly, the owner
or owners 01, nnd all persons intonated as mort
gagees, lot sees or otherwise, in any such properly,
(he value, uso or enjoyment of which may lie injuri
ously alUctsd ny the construction or operation ol any
such olev.ilod railroad, shall he entitled 10 maintain an
action or actions In any ol tho courts of the courts of I
locord In this Stnto to recover therein damages there- j
for against the corporation or compauy, person ur ?
persons engaged id the construction, maintenance, I
operation or use el any such elevated railtoad; and all
such actions shall be tried ny or bt-fhro a |nry, and not '
otherwise, lu every auch action tho Jury shall give |
such damages to ilie pluintiflb or purtles commencing I
tho action aa the Jury shall deem to ho I
a lair und just coinpcnsutlou to them
for the injuries, past, present una prospective, actual
und conaci|U<'Uiial, sustained or Itablo. to be s jllerod
by thorn respoctivcly hy ru.ison ol ilie construction, I
maintenance, operation or uso ol any ?such elevated i
railroad; aud utter trial and verdict rendered judgment '
shall be perfected in like manner, as in other actions
tried by jury, und such Judgment shall be |w d In lull i
belorc any such elcvutcu railroad shall be allowed to j
bo constructed, run, operated or continued in use
The tnird and lust socltou provides ihal whenever iho
construe:ion ol any proposed olevuicd railroad shah ho
begun, any person, or corporation, whose properly,
real ur personal, corporate or incorporated, is likely
to bo injured or depreciated b> too construction,
maintenance, operation or use of any such pro
posed elevated road, any and every person
interested therein as mortgagee, lessee or otherwise,
shall ho oniiilcd, ou commencing any auiiuu lor re
covery of damages or compensation to an injunction
whlcli snail be grunted by any judgo ol the court In
which sucu action shall ho commenced, to restrain und
prohibit ibo further construction ol such elevated rail
road uuul auch compensation shall have been ascer
tained uiul paid us provided hy this act.
ANirilKK OMS'I KITCTIVK HIM. *
The obstructive hlil of Sen.nor llixoy's 11 In ono sec
tion, aud reads that "no right ol wuy granted under or
by Virtuo ol any not of the Legislature ol the Stale ol
Now York, passed live years or more prior to tho pass
age of tins act, to any person or incorporation lor ruil- j
road or horso railroid purposes, which right has nol
already been exercised hy occupancy and n-e, ch ill '
hcrcnlter ho exercised, and where such right has boeu
exercised by occupancy and use. not wholly, but in
part, the part not already exorcised shall uoi lierculier
bo exercised. ?'
Here it will ho soon that If Mich n bill bet-nmo low
the Uiluert Elevated road could never proceed beyond
uh"re n now stuuds, and the tiroenwicii Elevated
would liuvo lo stop at Filly-uinth street, lu place ol
going along to Harlem.
Altlll'MKXT or MR.'CRt'RCIL
Tho roiuarks utnde heioru the t.uiniulllco on Kali
roads hy Mr. Mimeon K. Church on ihe uccessity ol
rapid transit and the naturool iho bill introduced 10
more lully promote uud secure it ure ciear und forcible,
lie snitl iho bill is lutended to put an end to oosiriictivo
injunction*. Bui, while it recognise* and asseris tho
rights ol the puhnc and ot the.-c corporations ?h > aro
seeking to serve mem, it denied in no particular tho
rights oil ho humblest property owner or citizen. It
proceeds upon the theory that when tho Legislature
passes an act almost unanimously, lis It did this, aud it
Is signed by the Gov< rnur, then something should bo
presumed lu luvor ot the validity and usefulness ol Unit
acl, at least until there is something adduced to assail it.
.And when a great public interest is dependent upon llio
act and canlttllsls invited by it and relying upon the
good tniili ol itn provision* have invested millions of
dollars in.dor li, in the homi ,rt<le attompl to serve tho
great publla interest which the act was intended to
promote, <l is ,ui milled lh.it enough presumption
snould go with It to protect It, and those noting under
it again-t the assaults ol men who. acting undei Hie
ino.-t scldsli ol motives, aro ready 10 slop |i bv techni
cal legal appliances at every step ol Its progress. Thus
the New York Klcvnie.l ttuitw.iy Company was enjoined
In April, upon a petty bund ol {l.OOO, and alter six j
mouths' litigation and a damage ol more than f'JD.OUO, 1
the Injunction was dissolved and the company permu
ted to resume its work. Again it was enjoined uy one
Spader, mid alter n n mo moot he' thraldom nnd equal
resulting lo-s has been again releasod. Still another
injunction minimis undetermined, nnd. (hough it re
Inies to only a single building, yet it strikes out one
link lu the rPaln whicii renders the whole chain inoi
lectunl. And when ililn injunction shall he dually dis
solved, n>- it will he, a score of others will do ready to
rise up in their ordor to take it* pinco.
Thus while these selfish interests uro to be gratified
In this lorni, and h,v these means, nnd bv tho aid ol tho
Court ol Common i'lens of tho city ol Sew York, tho
one lorum which seems to he resorted to for ibis work
(lor tho Supreme Court grnnts no injunctions of IHU
kind), a million people most sillier aud wait, a thou*
sand laborers must be thrown out ol employment,
capitalists mast oo sullcrcd to hecoino Uisheaitliucd
uud discouraged, and the roads, If built at all, must ho
postponed lo Iho dim lutura, and wade through a sea
el litigation which cosu us much us the cost ol con
strucilon itteil and which the paopie must pay lor in
high rates of larn lor years to come.
I'his most monstrous nnd shock-tig nboso It is pro
posed to remedy dt this bilk .is I said, It Invades and
lakes away no man's righls It doos not prevent any
man front suing these companies lor damages or for an
liijunollou as much and as olteu as lie olio >se* Hut it
puatpouciIbu granting ol ibo injuuotiuu uulil after his
suit has b?en Uually beard or tried, cor doe* it do thie
without providiug tho amplest indemnity :u ? bond ot
llu.OOO to pay ell damages il tho injunction n finally
made. As 1 sanl, it presume* that tlie law is constitu
tional, and me act* o| tlie companies under It are law
ful anttl the ooiitrarv la adjudged, inaiead ol atartiuir
oil witb tho presumption that everything la umawiul
or unconatitutlonal until that la oilierwiae adjudged.
And ta .lot llita the dictate ol roaauu, auu of Justice and
fmr dealing, and when tbo luterostx ol a whole roople
are luv jlrud la it not the dictate 01 abaolute right I
It i? the theory ol nil our law that no uinn shall have
ajudguicul uzamst number until he haa abown hmi
?ell eutitled toil. That la also ibe theory ol thia bill
It interposes no ohatucle wlialetrcr In the way ot any
pnraou, or any number ot pcraons, irotu going into
uny court, when, aud as otien as tliey please, lo obtain
damages lor nnv injury, or redreaa lor any wrous
which they ibiuk they have tuaiaiuod; but, lis in all
oilier suits, it inaista that tiny utiali lirst eslnb
liah their right to tho judgment beiore ihoy
get It--in other worda, that tliey aball show
Ihemaelvca antltlcd to nn Injunction beioro
It ta awsr.'ed to them. It they want a preliminary
Injunction let tbatu givo ndoquulo aocurily lor it; if
1 tliey are not willing to give tho necurily lot (bum wall
until the cud ol tlio unit, and see whether they are
entitled to tho Injunction at all. II tboy arc they
1 will thou get the lujuuctton without any security u'l
I all; if they are not they will ho saved troin tlie duin
| aces to winch their preliminary Injunction would ex- j
poso liicin ; while they are amply proloclod 1
I against any temporary Injury pending the sun by tho 1
: bond provided lor in ilie mil. Thus, while everybody
I is protected, tho work will goon, uud the pcoplo will.
In some reasonable time, have their long sought lor !
rapid transit.
This is In no reuse a controversy between thesa
property owners aud thesa railroad compuuies. It is
a controversy between these few property owners an-l
tho peoplo ol New York?not ol tho city ol Sew York,
but the peoplo of the whole Stale.
For it is .i controversy as to wbntber tho people of
? Ins stale shall lisva toe right lo use lliolr own tnrecls
for their own purposes, or whether tliey have realiy
lost their sovereignty over tlieiu nntl they lire surren
dered lo ibu dominion ol prlvato proporty owners or
horse car interests.
Wo hare hoard much here about Invading the rights
of these property owucre and snizing their proporty
without compensation.
Mr, it is higu unto a popular delusion which seoms
to exul hi soine quarters on that subject should bo
exploded I bu stroma tu Now York do not belong to i
the property owners upon lliem 111 uuj' sense what- ;
over. Tlio) do not even belong to tho city of .Now j
| York; they belong to the | ooplo of the Mate of Ncwr
York ; and no owner ol property ironiiiig upon them .
| has any morn right or Interest in ilioiu, based upon {
i such ownership, than bus the humblest fit stun In tbo i
remoteut corner oi uio Mate. t'ney ?ro the property
ot the whole people. In which all rights uro common '
aid all ure equal When lliu people ol lliu
.Stale, therefore, by solemn emicimcnt of
their Legislature detcrinlno how they will uso their
streets in the iitluinuicut oi the purpos s for wluoti |
thoy were acquired, it is an act of I heir own sov
oreiguty, over their own property, and Irom which j
thorn is no appeal. Tho law should, indeed, bo tender '
ol Iho lutorests of adjoining property owners when
determining us own nsos ol its own property, and 1
have pointed out how carolul Ibis rapid transit act wits
in that respect; but when such determination
has been undo it is a decrco ot sovereignty
in obctiionce to tbo public weal, uud io
which all good citizens must bow. It may. pos
sibly, be, ibut in hoiiio peculiar Instance ol such exer
cise ol power hoiuo private properly must sailor,
thoreloro, depreciation; hut is nut lhal the common
Incident of sll property f Uno man builds a brown
slono trout on his lot, thinking to commence u llrsl
class neighborhood, uud iiih neighbor builds a factory
nuxltolnui. Ibu brown slono Iront is injured, but
must tlin neighbor be "enjoined" lor lhal reason
ugainst occupy .ng his own I And II a private cluzeu
limy not be enjoined irom occupying Ins own property
as ho shnll deem best, shall llic whole people he shut
out from their own streets mid lorbtdden their uso
stall, or only as tbo adjoining owners may dictate?
BROOKLYN RAPID TRANSIT.
j Rapid transit between ilio city of Brooklyn and East
?Now V ors and Long Island Is now secure. Yesterday
morning about forty luborers began ploughing up tbu
roadway bosido tbo nortberly track ol ilio Atlantic
Avenue Railroad Coni| any, whore tlio now line of mil
way is to bo laid loading to Flatbush avenue, llrook
yn. The number ol laborers w.U be Increased
In a lew days, as tbo company la delerminud
upon utilizing every inoinont of lime in order lo lia vo
ttieir steam cars ruunlug early In May. Ellloen hun
the'road"" ?Lr.V^ "0W lor tbe use of
i " ,0"u0 18 10 enclose the tracks In the
city bmils iu order to lusure sufctv to uuUastriune
w n i i erected at o.icb intersecting sited winch
wil be closed wuen the cars are pusain*. The loul
cost ol ttie road will be over $300,0011.
n?A Polmon Iroin (be stockholders of the Now York
Of AM?r? ""a Sttt?h"ro ?? read at the ioard
ol Aldtrmuu yoaterday, asking lor permission m i,??
?team on Ihoir lino, w hich Is now run as a horse car
ro ml its, ''VU1 NorUl Second street aud Met
ropilltau avenuo, Eastern District, irom the Fast
i.ivcr to the city lino. Alter some debate the petition
was referred io tbeCommittou on Railroad*
Alderman lionoian preschied a report from tbo
special coiiimitieo iu relation to the application of mo
New York and Manhattan Beach Itailroad OompaLy
rufusing to grant ihetr peiluon to operate their'mail
through certain streets in Brooklyn. Hrcenpolni and
oilier places. 1 he petition was re lorred to the lUil
roud Loinmnieo in connectiou wuh iho Aldermen of
tbe wurua lulorested. auuonneu of
j THE IHIUUKLYN 11UIDGE.
MEETING OF THE HOAI1D OF DIBECTOItS- - GOAnD
INO AGAINST FJltE?NEW CONTItACTB?INTEIt
EhTIN'O ITUUIIEH FOll TAXPATEBS.
Tbo regular monthly mooting of the Board of Trim
tcosof iho Now York and Brooklyn Bridge was held
yesterday afternoon at iho oOlccon Water street, Brook
lyu. The President stafod that at a mooting' ol tbo
Executive Coiuiiuttoo the question ol reducing tbe point
of distance between roofs ol homos lying between
Iho nDchorogos and tbo towors bad been considered.
It bad bceu doterminod that the rools should bo cut
down lo a point (lily feet buluw the roadway. The
contract lor outline down tbo roots and constructing
Ore proof rools was awarded to William H il .zzard in
tbo sum ol *17.000. There ore fourteen buildings to ho
altered In this manner in order lo Insure safoty lo (be
was*'approvcd* b^lU*C? lb(> nct,on 01 ll'? eoinmntoo
Mr. Murphy also stated that ins onoralsors h..t
valued the lands between Cull and Vanauwutcr sirens
and Uiat the ofllctrs hud agreed w.tli too owners id Hie
laud betwenn tlioso sireeis anu boiwceu J'earl ana Cldl
and the anchorage, Now York; also between i IU
anchorage and Main street, Brooklyn, at the valuation
made by tbo appraisers, but u.ey were unable S
agree with other owners within iho district. 1'crnns
s on was given the President to make ai.pi.csnon l0
the courts lor the appointment ol commissioners to
prosches, " ?' '"D(U ri"11,lri'd ,or 11,0 ''"???? ap
rpod the rccommendaiion ol Engineer r. u. Martin
a conirsot was outerel into wuh in Brady Manuiac
nmk"Ss i,!foooSy' ol.,'l>,,",ulu kircei, Brooklyn, tor
nuking lju.ooo couplings lor iho or.oge cables. Tbo
mstsrial is to bo lurnislivd Hie contractor who is io
oenm nplec? C0U',"D''" rc'|U'ro?l at Hie cost ol lour
T^|tf?hl.rnSlwM.'IW"rtlea M,"a8r8' McEucs .t Co., ol
in.T . M'reels. New York, lor manufuoiur
ing 14b tons 01 galvanized anchor bars, loi Iho last se.
i^r irnunT* f 1c<"'1 18 l" cent
,h!,'",,r'UaSUr''.r,H up to March 31 shows
thai tlie grunti ioi.il receipt* umount hi $7 .',7:1 ni
i-"i .?,'<,,",l1"urr8 ,oot "P '??" enormous sun. ?r
?i,i..1,0.1. |,. on hand, t>lH7,UgO 84. The ouisund
ing iin01 Ittlow are jo.diiA 10. Hie rpporis were an.
proved, and, iliero In ing uolhiug inoro oilerod lor con
uKicrutiou, ilie meeting adjourned.
THE CliO 1 ON SUITE Y.
A correspondent ol tbo Hbiiaiai's Complaint Book
said yesterday that Chief Engineer Campbell, 0| the
Croton Departmoni, resides in a disir.ct "where, dur
ing last sniu in or and hill, tbo water did not rise .ibovo
or even us high as Hie kitchen Uoors, and now not
higher than tno aocoud story, even at night." Iu ro.
ply to tnis assertion Mr. Campbell said yesterday lo a
JIkusm. reporter that If the people themselves ,n this
dlMrlcl and in districts lurilior up town would guard
smuul node's",ti "i?"' ',0,",t'8 ""8 "I'llo ol .. fl nrs (
! Si . "^Pc,,ou l ,r "'<? ?' ek ending
nuo iLii .? .T, *lrccla. ^ovenili ave
nuo .isl, Showed 1.10 lollowing wasteful exhibit-?
Houses examined, -JOi; found with leaky pil es and
Wasting water, 133; nun,lev ol leak, i.uools 2P,
WMihii lu;ihy ""!0r -7; ,'vdr"?1' losing,'
1' **""*? number of pipes burst a
Iho city reservoir*, liu added, liivo a runacilv of
about l,iA0,0(HI,00o gallons, in the dry tuno the Water
ran down as low In tbeui as 440,uou.uoo gallons in?
g.' onid.iif trrryL"K c",uaiyoi
.?.nr? lh" """Y consumption, at a low
atorngo, in betweou 80.000,000 and UO.oOlf.WJo gallons
There IS certainly no dearth ol water in lite reaerv *
Bow sn there need he ,,o scsTCIty if waste ,s pre/,uied
Waler rnw h"?",u,u 111 lll? privato houses up town
.nil . "Jr"* k'oos Hbuve tho second storv in
the district In winch he resides. ? a
militia discipline.
Tho complaint of -a VicTi^ to National Card law
primed In tho JlKK.ti.0 yesterday, General Mbaler snjs
IK only olio ol a groat many mado by porsons who
tbougbttrssly join regiments without considering tho
XTV tlml bl,long to memhershlp ill tho National
w nl kbaU "hi* 2"'1 "f0 "y iU0 lnw niiirto Judges ol
ratiiss i.'!,i. ? Knlflcieni oxcuse for absence ironi pa
d.rVJ & Ac> 11 " '""".ber ol a compwi.y loela the
In hi . . l""rt ",ur"al to bo unfair no may appeal
to his captain, and Irom bis decision, ii adv-r-e to the
? B 1 i' ob to H? r'" '"vis,on com.nsnd, '
he is s who wuh |V"r""r *' U" SUl" *'?"??
111. ,,', , 0 H',orl unnorinu should considor
these things beiore enlisting.
itKGIMEN 1'AL 1<E(;E11'I0N.
Tno Eleventh regiment, Colonel Fred rohekant. gave
? reception at their armory last evening, which was
largely attended by the Ir'ends of the res,moot and
iu< metis ol iho National Guard generally.
at
MOBILE AND OHIO."
Who Can Convey a Valid Title on Foreclosure
Lnder Its Sterling Mortgage?
STATE VS. FEDERAL JURISDICTION.
Thirteen Millions at Stake?Curious War
Reminiscences.
Tiiero Is now pending In ttia Kqulty Term or tho
Court of Common Ploas ihe run ol WUIi.nn II. lluvs
ami others against Morris Katchuiu. To muko llio ob
ject ol this suit intelligible a bricl outlluo of the pro
ceedings which gave rise to It becomes necessary, and
lu many respects these proceedings are as luturesliug
as I hoy are important. In February, 1S18, tnu Mobllo
and Ohio ltailroud Coiupuuy was incorporated by ucts
passed almost slmultuneously by tho legislatures ol
the States of Alabama, Tennessee and Kentucky, its
lino of rood being intended to pass through alt those
Stales, lu the your 18611, lor tho purpose ol complet
ing and equipping tbo road, tho company placed on
the market a loan ol $0,000,1100, to represent -a Inch
they Issued 0,000 hands lor tho sum or fi'25 each,
payable In thirty years from their dnte, with interest
coupons altncUcd pnyahlu soinl-annually, each coupon
being lor Ad lis. To sccuro tho payment ol
these bonds and coupons tho couipuny ex
ecuted a flrst niorigngo on Us prop
erty, or which mortgage Messrs. Morris Ketehtim,
John J. Palmer and William It. llulloil were made
trusteos. Theso parlies accepted the trust aud there
upon became the mortgagees of ilia property In trait
lor tho holders of the bonds, lu January, 1860, John
J. Palmer and William II, Ilallolt died, leaving thoir co
trustee, Mr. Morris Kslchuui, sole trustee. A large
portion of tho property ol the company coualstrd of
lauds sltuuted lu the three States through which the
road run, and lu lHdO Mr. Mtllun Iirown, then presi
dent of the company, wrote to Mr. Keichuin express
ing dissatisfaction with the lattcr's inlerprotullon of
the deed of trust as to Ills powers 'hereunder to dis
pose of the company's isnds and apply the proceeds to
the formation of a sinking lund lor the security of the
bondholdois. This was about the tune tho
"slight misunderstanding" between tho States
was rapidly approaching an Irreconcilable stage
and from tho tenor ol l'resldcut Jlrown's
letter lie evidently deemed It a question ol vital Im
portance wholher the nguni in cliurgo ot the "land do
partmcni" should have bis "scut ol power" at Mobllo
or at Now York, ily tho terms of the deed ol trust
Mr. Ketohum had tho right to nominatu lo tho Hoard
ol Directors tbo successors to his dcud cotrustees.
According lo tho tenor of tbo corrospoudeuco ol Presi
dent llruwu at thut tinio Mr. Ketcnum was In lavor of
tho appoiutinout ol a Mr. Walsh and himsolf, but sotno
qui stiou as lo tho compensation of tho trustees arose,
uml on tins, us well as on tbo question of tho right of
the company to soli lands in the city ot Mobllo without
tho intervention of Mr. Kotchuia as trustee, they seem
to have split, Mr. Iirown also nccused Mr. Kctchum
ot thwarting tho company In some meusurox which Its
ofllcers deemed of importance to success, and leaving
Ilium to "struggle on without bis aid or comfort."
TIIK 1>I MX (J ASH WIXUIU IK>1>UI..
On those points Drown expresses himsolf In a sort
of singe whisper in a tetter Irom Now York to a trlcnd
under date ol July 'Jl, I860, lu the following strain:?
"Your despatch met moon iiiv arrival hereon the
18th, hut the papers raierred to liavo not yet nrriveu;
but Mr. Ketchuin has roatl me his copy, and we havo
had two long Interviews on tho subject, besides dining
together at bis house, ills llrst clfurt wsa an appeal
to my tears as to tho couseipiencos it 1 did not ugrno
forthwith lo tlx his salary and pay up Irom the signing
ol llio mortgage until now. This hiilod. He then
ehaugod his uttack by making It an appeal to iiiv
vunny. lie pralaca my llrmnosa, my ability nnd my
great success. Ilo said that Iroin the tlmo ol my olec
uoii lia knew tho enterprise would succeed; that no
?nun bud built lip such 11 reputation as 1 bud, unit con
cluded by Inviting me to dine wub In in, saying mat no
bud no doubt wo could arrange all our dillerenccH
salisfuctorttv. 1 ulo Inn dinner slid drunk In* wine,
nod, ?ltn .1 wsnn und nnnltdiiig shako <>i the liund, wo
purled to indet next day. Wo mot accordingly, mid lio
begun in hope tliat by his appeal* to my siomncb,
through In* dinner and wme, and to aiy Vanity, by lilu
Bpoeelics, lie bud mo in n good condition, uud il no
could nlso get my nvurico enlisted by ibo hope ol a
sainry as iruitre, iluii bo uud 1, acting Mgutner,
?rintld make a good thing out Of it,'as iho Yankees
M.v when lliey sro about to do a smart thing by cheat
ing somebody." from what Inllnwoii it I* evident that
the continuing ni?*a* or Messrs. Keichum and HroVn
I ined to become reconclleu over lliu dinners und wiuo,
and thai ibu lormor's uonilnaiioiis of parties to ucl as
his cotrustees wnro not uccepiable lo iho muniigcrs at
Mobile, tlio lallor insisting that those uomlnaicd must
be resideiilao! Mobile or on the lino of I no road in niiiio
one Of the Southern States through Which it passed.
KSTK'-T* or Til K UTTI.K f.\ I'l.KASAl.TN KS*.
In January, lsi'.J, while (Iriiera's McClrllnn uud Lee
wore urguitigiug und mobilising their rospoclivo armies,
when Doth sections hui drawn a military cordon urounu
their respective border* uud botweeu ihcin was u gulf
as impusMthin lor ordinary business and current news
as mat between tlio dwelling places of Lsxaru* nud
Hives was lo tlio respective dwellers, the Southern
managers ol ihu company commenced a suit beioru
Chuncehur L'ocke, in the Chancery Court ol the Siuio
ol Aluhr.ma, to ej?ct Mr. Keichum from li.s positiou ol
surviving trustee nud appoint three nihers in his
room und that of his two dead associates. The pro
ceedings for this purpose were hoi hi tho city of
Mobile, wbtlo Mr Kmcliiim was a resident ol .New
York, mid it being somewhat inconvenient under tticn
existing circiiniHiances lo givo him it pcrsonul notice
they gave him stuiutory notice.
A f.till ll'AI. MITIFIC ATIOX.
Taking into consideration iho then slate of actual
war between Iho sections an I lliu linpo-sihilily of
business coin in it u ic il Ion between their respective
resident*, the lollnwuig formal Judicial notlco may be
considered by somo us bordering on the lurotcnl:?
In tlii? causn it appearing that the defendant. Morris
Ketehnm. trustee, is ui iiialaru age, slid mat ue reshies
lic.vniid tlo> limits of tli? elate ot Alabama-hi wll. Ill tha
clu Sod rttste ol .\yw York, In 'lie (fulled Slstea d Ain-r
lea, Il I- ordered Iltai ho answer or demur to the alliigailons
ol Hie hill of complaint Oil Ills ou or hotorr Iho Hr-i nav ol
March nest. It is luiTlicr ordered, that title order be pull
II ?li oil one it s week lor lour conaeciiiiv ? week* tu Hie .Mobile
Ihtlh, rei'iiios.
Attest) JOIIX M. TAYLOR, Reglater.
That Mr. Keichum did not recotvo regularly tho
Mobile />ai/y Trihunr, nud did not rend the notice ot
the proceedings posted up at the court house door ol
Mobile count>, was, of course, nls own lault, he being
a loval resident of New York; and having neglected to !
answer or demur to ihe complaint wiiuth ihu twi.-uty
day*s per: lied, n decree |>ro uoutesso was entered a.uiust 1
hi in on lliu 'JOth ol March, 1*'W1, us follows: ?
In tlita cans* coin|daiiianla. i.y tlo-ir solicitors, prnssnt I
Hie nroited notice >>l piihlu a'lou hrrelofora uinde again<t |
? lie defendant. Morris Ketehnm. and prove by ultidavili
thereto sllscbed thai snnl publication was regularly mad", |
published once s wiek. for four consecutive weuks. la the I
Mobile Ihiilj/ T,fW la newspaper printed and published in j
? lie c IV el oblle), and llial a ropy therrol was posted up
at the court house do >r of Mobile munly, all wltlon twenty I
days of the-tale ol ibis onler ol publication; slid it appear
ing thai said delendsnl lias tailed to appear and plead, an
swi-r or demur to llie dllegallon-of the ollt of eoniphihit In ;
this cause, Il is mdered, that the allegsilous of tho same be
taken as eonfessod against htm. ,
Attest ; JOHN M. TAVI OK, Register.
Pt.Cl.AKKI> AX AI.IKX KXKMY.
Ill the romplsint the sulielnnceol the charge*against
Mr. Keichum was that lio was rnlardlng and vmbar*
r isslng the Southern managers ol thocompstiy in tlio
sale ol lands, and was an alien enctn). OB lliese points
the decree ol rcf'Tunoo. which followed immediately on
tho heels ol tlio decree pro conlessd, says:?
I lie object of the bill Is lo appoint trustors under a oe.'lsin
deed ol iriot exhibited by the eompoiineul, ol Iho date of
I *' of November, I SAM, a copy ol w lib II Is attached lo the
lot .III place ol tVllllem K. Ilallelt end John J. Palmer,
who ore droit, nud also to remove the surviving truster,
Morris Keirnnm. lor Preaches ot duty as trustee, and nl.o
because he I. su illcn enemy, and liieompeient lo art The
Court in Hi Untied ol the deaili of mi til I'alinur and llalb II,
anil ot the tact I lint sell Kefehnm Is an nllen enemy: Il la
therefore ordered, adjudged nud deerend tlisl auhl ki-tehuin
lie removil I'ruiii nls -aid irusieesblp, and lurlher, thai Hie
prayer o! the bill for the appointment ol Iraaleee In piece
| of ssiil Ketehnin, llslletl Slid Palmer he granted.
MIAMI* IX TilK TRPSTKKSIIIP.
j In pursuance ol ibis decree, Charles Walsh, (Icorpo
1 M. Young und Alexander Jackson, "all citizens of the
CobloiIoraU Mates," wtro appointed trustees. In
April, 1*71. them Confrdcfulp trusloes resigned thiir
olllces, and William Jluiler Duncan und Andrew Poster
Kllioil came in a* their suocossor*. lb May, 1*7.1,
i Duiiesn and Klllott na such trustees coniiuonred a suit
j to foreclose the mortgage, and In such suil obtained
' possession of tho road. Utt tho Otli of March, l*7U,
1 Judge Wood, ot tbo Circuit Court Oi tho l.'nileu Atate*
lor i lio *outiicrn District of Alahiinn, made an order in
1 the onto appointing a special master to t-\.iiiiitio the
dead ol trtint, ascertain tlio claims on ttie property,
and to report on Iho allowances lo ho Made lo the
trustees for their services and th<? allowances for
charges, expensns, costs and oihor forms of claim set
forth in tho deed ol trust or arising lu tho course of
the o.i usa
HL'IT roil VOKK<T.OSrKK.
Abont th* lf.h of the mini' month In which tho fore
going order was made W. Kctchum commenced s suit
1 in the sinta court to foreclose tho .Sterling mortgage
on tho roud. In this sail an laieriucotory motion
was mndo bolero Judge Wood lor tlio appoint
mi'Ut ol a recoiver therein ami incidentally Involving
tlio question as to ihu regularity of tho proceedings in
tho Alabama Court ol Chancery, w hereby Mr Keichum
was declared ousted Irom his position as trustee. <>u
ilia loth ot Juno following Judge Wood rendnred
i his decision, holding iu substance that by long sc
UUivseunre in tne decision of Hie Alabama Court of
I Chancery Mr. Krlchuin must ho doomed to have as
I rented thereto; that lie hod lorlolted his right to disre
gard or ooolvsl tho same, and was no longer
a irnsteo under (be died of trail. Sut>
?eriuetiily ibo mala issue camo up lor ?rga
noot lu Die smite court on demurrer, below Judge
Hrum, then holding Circuit, md ibai Judge hits re.
mully rendered an o;nuioi>. ibo sub- ianco of which hn
already appeared iu Hio 1D.kai.ii, to the eifect tii.it tlio
(lecroo or I Do Court u I Ch.iocery ol the Suit of Ala*
buna was void a* to Mr. Kotr.hum; tint Itio latter wit*
uoilcr no obligation to pny .my regard lo It, nod had
not hem guilty ol Inches in ki-eKlng to ektablisU hi
rights ok trustee in oppoaitlun lb> roto; that mauiicstiy
tin* decree was the liaaia and souicu ol the alleged
right* as trustees ol Duncan and Kiliott, not any act!
or u>! in unions ol Mr. Kvtobuin, lor be wan than living
in Uip Slate ol New York, and without the opportunity
or right ol lutrrcourac with ibeptrtioi; thai he moat
lliiiteould be xai.1 was that the silence ol Mr. Kctchum
;n iy have innruiv.eil the coullaeuco ol Duucan and
Elliott in tbolr poelMH. but tbat un-ro nileine uadei
nitii ctruu in stances could o|>craie lo dlvoat tbe title u
a trust estate I*, to hi* mind, untenable.
naTriima cr am aukkkml.vt.
lit October, lhiii, while the foregoing Haiti wer<
pending, a "memorandum 01 agreement mid irausler,"
purporting to lie mi agreement betucm the rompuny
and Us crudllora who might askcut thereto, the uIII.
mate object of which waa to stop the foreclosure mil
by the making ol a now tint mori.ago 10 taku the
piuce ol the existing lint and aeeond mortgages, cov
ering ihe whole indebtedness 01 tho road, the bond!
secured thereby lo In- payable ill gold coin ou or belaid
the 1*1 ol December, IU-T, wn* drawn up, aud William
11. Ilayi, ol the oily ol Now York ; tVilliaui s, 1'iersou,
ol Windsor, in the State of Cor.nocticui, anil T. Mm*
kins 1'u Puy, ol Pbibtdrlphia, were uanird therein ua
assignee* in triikt. agent* and manager* ol the peril. I
llior, to wlm rue creditors ol the company. Mifistun
tiully tbik "memorandum ol agrcauieut and iraustcr"
provnled I bat lliu flrst mortgage bondholder* assenting
thereto *hnuld exchange every tl.UOi) bond held
hy them tor n now lir-t uiortgago bond lor
$-1 lo, a.id aaxft ? *ubordiuaiv bond lor the
balance. Hays and bla n**o lateo now claim
lital n majority ol ibo stockholders bare akSuuloU to
Una "memorandum," and that under IU piovisioni
he und tils aasocinics are authorized to net lor tnein in
buying in tne road, uud tboy Jo not want to bars
iiill.Hied and undone lib that baa boon Mono in tho fore.
cloHuru suit brought by Dunritu und Klllott, or have
delayed the decree of lorrclosuro and "collection ol
the amounts tocurcd by the mortgage."
bKU.AKAllON or w*K.
Immediately npoo I be ronditioii of.fudgo Brace's
decision in lavor of Mr. Kotchiiiii u divorsny ol opin
ion between llays and bi* associates and Mr. Kctchum
uroso nit to ihu cfimt or that decision, Mr. Kctchum
lust*ting that It made htm sole trustee, nnd hi* oppo.
nenig insisting ibut it wee not Dual and itiuJuogu
Wood's previous ib'cisioii tlio opposiio way w.ik in
force. On thimo polDte the respective parties doclnrcd
their views in u corre*poudeuca as lollows:?
TIIK XKW TO l llk'tlha
Nv.w Yoiik, Fob. 18, 1877.
Mmtui* Karonim. Esc.
WK We lake iirc.tsioit to Inform and notify and reiiuett
rnu a, lollnwst?il) Ibo undersigned. Wullam II. ll*i?,
William I'ler.un and .. Ila-kiii* D.i Pny. are holder* ana
owners id mortgage claim, again*! the Moldlu ami 11 Ills
I; iiili imil Cotnpwiiv to tho aggregate amount at upward <>l
(II.IOI.IIII, Including first mm tgugo elalni* under the dec?
ol iru.l ol IK. CI In lliu it metint ol Upwurii el #.1,1*1 l.UHit
and the uuder*lgtisd. Alexander Duncan, I* luinelt ia'ly in
teresluil in iiikintittlling said elaiuiato the hiiioumi ol up.
ward n! $7ut),t?*i igi The milwrfgtien disapprove th*
cmirae lately t akeii and thw litigation niiely instil mail hy
j nil, nnd held yen personally rsapoittibia lor nil Injury,
damage, los*. delay or expense arising I herefrom,
directly or Indirectly, nud ropiest you lo de*l*l
Ironi any ullrinpt to reniovo or displace tlio
prrsent rut-elver* or either ol them. A) ti you have
uny personal or representative claim to assort against ilts
property we conceive it Improper for ymi to do mare than
apply to in- mude u defendant in the suit now pending In
favor of IIiiiiviiii itiul 1.1 Hot t a* trustees, and that it Is pro
per for you not to delay tlie proceedings In a new still; and
we conceive It also to uu your duty, it you persist In thn
suits Instil utod liv you, to ilo sown limit prejudice to prnol
already taken In the suits previously begun, and to aaso*
elate u* Willi you a- |d.until).. or olhurwise voluniarlly tur*
nish n* with uu opportunity to appear In the sulia and .is.
sort our rights ami c mtest your eiaiott; nnd we rei|ue*t aud
demand tliai ton do so. We are propured to enlorce npalnst
you personally ottr views, rei|iiu*is uud demand* by propel
leg.il proceeding*. unless they are promptly complied
with. Villus, truiy, W. II. IIAVr*
W. It. I'll-. ,HON.
T. IIAKKINM Dir POT.
ALI-.XANilt.lt DUNCAN.
LKATINO IT WITn TIIK COUKTU.
N'ttw Yoiik, Feb. Ill, 1877.
QkkTM MKg?Y'oiir communication of this dale Is received.
(1) I am happy that your let! r admits so Iblly the pro.
pilcty of Mr. Justice llruis's duelslon In cnnsutuiiu * mo
tlio sola tri|*i?e of the first luurtgube ol the Molille and
Ohio Mallroad Couipany. i J) Under the decisions of thn .-su
preme Court ol lliu United Slates I propose to act under the
instructions ol tho court In which I have brought my bill ol
complaint "gainst the -aid railroad company as tho trusted
oi tlio deed ol trust ol w hich I have been declared the sole
trustee. <3i Iain not III llhrrty to take tho approval ol
any number of tlio holtlOi * ol the homis secured liv the deed
m trust made to tue, hut in urdor to secure mysrll barmtesi
frmii yi-ur holding ins |iersnnally responsible 1 swali the
act Ion ol the court to ? lueh I have applied lot Instruct Ion*,
which, titling a court id tliu Unit id Stole, I lioltevo
Is a court of coini'otent Jurisdiction. (4) I shall not
desist Irom any uttempt to reiuova or illaplaan thn
presrnt receivers or ui.oer of ihein. My leasons It
not si desisting are simply that tlio Uourt having takeu
the Clistoiliaiisliip of the property Is the proper tribunal to
delt-raniie tliut iiuesiion us weil as every otner en which I
' nave ksked Instruuttons. (."?? a* to thn third point m y.mi
letter, I hove in say that I do-ire to n- peilitR all proceed
lugs in every maunrr proper, hot lu soon a way thai ths
purchasers .hall acgulre a perfect title, which I am advised
by I'lilinvut counsel they cannot d i except under the pro
ceeulnus Institllled by me, wldcli hai e lu iui h'-IU v.nld hy
the rnttmi .-totes Limit <di As to your threats to en
hue - against in . pursunully your "view*, reguests Mid de
mands bv proper legal proceedings, unless they are promptly
complied w,:ii," I havo lo reler you tu an old doctrine
reninated many, many tune*, th it "trust -es may always
Come lU'u courts ol eguity and isk their Instructions," As
the court* ol the United Malu* havo found tlnil [ am a
trustee, I propose lo do precisely- what lire court silting iQ
ruuitv sluiil ilistriicl mo lo do. \ ours, trulv,
.Mult,ilS KKTCHUM.
TIIH COURT TIIK n.VAt. AKUITSR.
Oihor loltoi* followed from lluys and his associate^
ihn principal point ol which is a dcu'al thai Judge
llrucc's dccisiou went to the extent ol declaring Mr.
Kuictium 10 oo solo surviving tiuxiee; alio an ollur tc
Mr. Kotchom ol commission* if ho will come into tholi
suit, Id purmiuuau ol thoir intoiition to en lone than
v.ewsJudicially, expressed m their letter, Hays and
Ins associate* commenced the suit now pending in lb*
Court of Common l'lem in ill ? city, in i lieir coioplaint
tlie.r let lurili at large all too procoediugx and docu
ments irom which the foregoing history of the case is
derived, except tho decision ol Judge llruoe In lavor ol
Mr. Keichum. Tin y charge that toe latter is prose,
culing his suit irom personal motives; that his act*
dei ty the foreclosure auit ol Duncan aud Elliott, and
consequently delay piymem ol the clntms represented
by the plaintiffs; tha' Kntclturn's place ol business Is
hi New York and his residence In Connecticut; that In
is ot advanced ago and physically incapable of ?xe
culing the dniina ol trustee; that lor in my years ho
lus not hoeu in the Ktsto ol Alabama, and lor many
years lias tailed to perioral the dunes ol
Irustco; that lie is Impeaching the title of Alexander
Duncan lo a claim ol g7OO,0UO against the company,
without giving htm an onportunlly to tielend, and that
be h i* omitted to make plainiuu in this tint his co
pliuniills in bis suit, 'i hey couclude by asking too
Court to declare that ho lias resiguod and unandoned
Ins trusteeship, and thai Ins plneo is vncanl. and that
he he restrained from prosecuting Ins present snit or
any loroclosiire suit, if I lie Court cannot tind that
Mr. Ketciiuin lias resigned, then pi > In lilt* want It to
tlnd that lis has violated tils duly, and on lliaigrouud
put Into out. I'ltcv want also # ilio.noo personal dam
ages nguiiist Inm. To this complaint a neaiurror was
Inlerposod ou behalf ol tho deiuuusut, on the grouud
ihat the Court ot Coinmnn Ple.s, In which the suit li
brought, has no Jurisdiction, aud that plaintiffs bavt
no right to sue.
I lie trial of the cause is set down for tho second
Wednesday ol tins month Tho whole amount ot the
indebtedness ol the corporation aud involved in tho
litigation Is oaltmatcd at about * 1.1,000,000.
HUMANITY Oil OFFICIO U8N ESS.
Nsw Yuhk, April 3, 1977.
To tiik Editor or tiik Hkkai.o:?
la a short editorial to-day you aro pleased lo pro*
diet, at uo dtsiuui day, the repeal of the laws enacted
for tho protection of the bruin creation, bocanso ?
person, unknown to and acting without the authority
of Ibis society, arrested a man lor compelling a dog U
drag a heavy load. While It is evident that race ol nub
main was not designed an beasts of burdon, their em
ployment its sucb, unaccompanied by soma conspieuoui
act ol cruolty, has never been interfered with by tbig
society. The case to which 1 presume you alludo
was cnrelully investigated by tlireo magistrates, who
pronounced it au act ol cruelty, and a? sttcn tbey
were bound lo enforce the law, wblrh was dune
with commendable forbearance. This, 1 am sorry to
see, servo* as a lext lor you to unjustly arraign tho
motives and actions ot those who unselllshly nnd hu
manely servo a cause which la buseu upon the best in
atlBOls of our nature; and you lurilier characterise
tbeir piocecdings a* ??more covers lor all sorts ol ty
rannical and olIlcloiiM intermeddling." I ball this
nothing can be moro unjust ami erroneous. In the
tit in si ol a lorribie civil war the representatives of the
people of this State paused to declare that cruelly lo
tbn interior annual:, is a crime, anu enacted laws lor Its
prevention, and gavo being unl authority to this society
to *oo that mono law* w> ro enforced. I indulge tho
holiel ilial this duty has been perlormcd with drome- *
always mingled with lorbesrance, and that it has
thereby commended itsnli to tb* popular heart and
Judglnunt, su that from ah Isolated and ill-approchited
a-piraiion. it has become a great moral power, whose
beneficent example has boon acknowledged and adopted
by th.rty-lbreo Mate* ol tins I uion. All this car*
tainly goes to disprove your prophecy as to the prob
ability wluch, permit me lo believe, was hastily i on
reived, ol ma withdrawal of tho powera necessary lo
tho lulltlnioni ol it* civili/ ng mission. Yours, very
truly, HKMlY HERUlf, President.
THAT DESl'EKATE FUJI AND BOY.
Philip Trpjsl, alias "Troy," of No. 2Ci Wet! Nine*
toon Hi street; l.oland J. Jotiog, a porter ol No. 317
West Twenty-eighth street, and Alexander Koy, a
driver, ol No. <04 Wen Twenty-ninth street, were
brought before tho Jefferson Mnrkol Policn Court yes
terday on n charge of robhory preferred bv Mr. Tbomu*
W. (lorrarJ, of No. 337 Eighth avenue. On tbeaighl
of March M I wo men en to red Mr. Uerrnrd's store
III Eighth avenue and bound and gagged hit
errand hoy, Philip Trcjil. Tliev assaulted Mr.
Oorrard and cut him ovor the hosd with tho
rung ?i a broken chair. Tho particular* ol tho case
wore published in yertcrday's issuo, uii i young Troj-ti
confnsaed yesterday that ho wa* in leuguo with Junes
and Koy to rob III* employer. The gagging aud bind
ing were done Willi hta own consent, aud he hud in
conjunction with tho two mentioned persons planned
to rob Mr. tierrard. Judge ouerhourg held Jones,
Itoy and young Trojsi in *3,000 hail each to answer.
Mir* tJnibarlnc Donttolly made affidavit that she wa* n
housekeeper lor Mr. lletrurd, and she knew Tro|*|
very well, and when she n*kcd him wliul Hie two men
intended to do with his euiployur ho answered hi qudo
a dramatic iuanuur, "1 dun'l know, but dead tuuu lull
no ulen."