davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1865-06-23

tirely postpone the exercise Of authority conferred
vision OF the constitution contains any restriction upon
this power" In that the act withheld for time
the appointment OF an officer whose appointment had
been vested In the common council prior 70 lS46 and
taned the incumbent in Office during that period Thc
Legislature, said DEMO- j. In Darlington the Mayor
SUBJECTS Of civil government which they are not pro-
hbed from exercising by the constitution OF the United
States or by provision arrangement Of the con-
sution OF tho State" And he condenses with appro-
baton the views expressed by Justice Washington in
Woodward Dartmouth College "A Wheat, $751; "that
there two kinds OF corporations aggregate viz
such as were for public government and others Of p-
character The first are those for the government
Of towns and cities or the like and being for public
advantage, 70 be governed according TO the laws
Of the land That those were creatures Of public
institution created exclusively for public adv vantage.
may be controlled, and s constitution altered and
amended by the government In such manner a. the pub
lie interest may require That such legislative inter
the corporation formed because thero s In reality
but party 10 IT, the trustees or governors OF tho cor
poraton being merely the trustees for the public the
fsas'sn fsSpi. ss kerl. w.ad sss the snpr.%:
ration for the local government Of place not vested
rights against the State and may be abrogated BY the
Legislature, ~ well by general law affecting the whole
State BY special act altering the powers Of the corpo
ration "1t Is unsound and even absurd proposition,
says Nelson, j. In an opinion Of signal ability that po
ltca power conferred by the Legislature become
vested right as against the government in an individual
or body Of men. II Ia rcpugnant TO the genius Of ouI
institutions and the spirit and meaning Of the consttu
tion for by that fundamental law all political
rights not there defined and taken out Of tbs
Of legislative discretion intended 70 be lef
subject to its regulation" These remarks equally
applicable to the present constitution II would be i'm
peaching the good sense OF the convention 70
that by the arrangements Of the tenth article relating
local officers and their appointment there any de
sign TO keep guard local powers IN the admintratv
bodies legslatureso OF municipal corpostiona Such
intent would have been oouched Ia dubious language
nor left 70 blind inference. Both authority an
principle the power exists IN the Legislature W diminish
l Ssgulats Or rssups ths noysn hes eos
The New York herald., 1865-06-23

smith, Martin d Co..,
Bankers aud stock Commission Brokers
No. II Broad street a.
The New York herald., 1865-06-23

change OF and privileges 10 the lst day OIL May
1888. II again renewed by an oct passed April TO-
1884, and extended " the 1st day OF May $780, unless
altered modified repealed by the Legislature
creased TO tho sum Of $50 ooo which was enlarged
500 900 by act passed March 20 1851 and again.
chapter 200 Of the Laws Of the charter was extended
until the Grst day Of May $780, unless sooner altered,
modified or repealed by the Legislature It will be OBJ
served that the charter Of this corporation has been At
all times since lS3S at which tmo the renewal OF 1881
took effect expressly subject to be altered modified
repealed by the Legislature at It's pleasure; and,
accordingly. in lsM, was altered 1y making maxine
This corporation was thus In existence under Its
original charter, with few slight notifications, when The
OaSo sSsrx 1Is % smith % whh was the chief
object Of Its creation Neither the corporation itself nor
the officers elected under the provisions OF its charter
through the charter public civil officers within the
meaning Of the constitution Tho corporation was not
Municipal or political body and neither y nor is officers
the officers managers OF the numerous re-
ligious and charitable corporations Of the state.
And II cannot be doubted that In 80 far a.
the officers Of the Fire Department derived their
authority under the act Of incorporation, they have
been all times since 1888 subject TO the control OF
Legislature to have repealed the charter at any moment
and that Qone What f official existence would be
loft 10 the pevsons holding the various Offices under ~
The corporators under this charter prior 70 1s46
the engineers Of the Fire Department, and remen be-
longing to any Of the Gre engines Of the city OF New
York" Uaws of 17os) The hremcn we're selected under
power conferred by various Of the Legislature by
'the Mayor Aldermen and Commonalty Of tho city OF
New York, In Common Council convened, who were en-.
powered 70 remove them at pleasure, and 70 make
rules ana regulations In respect Of the government and
duty OF the persons by them appointed hremen,
IN the working managing and frequent exercising yna
and using Of the IRE engines tools and other nsru
ments and IN respect TO their conduct and duties a.
nres laws OF lsl3, Oh 90, ss a. 75 10, 81; laws o.
1877 ch 90, IL BY ordinances of the Common Coun
Gil the members Of the Fire Department more er
pcitly defined The ordinance Of May s. 1877 declared
that II should 'consst Of chief engineer and man,
other engineers, IRE wardens, hremeu boseuep hoo
and ladder might from time time be appoute
by the Common Council and who shall respectively
distinguished by the several appellatons aforesaid
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15

covering DIP goods The building is owned BY G e.
Downing. II Is damaged about four hundred dollars
The cause OF the fire is at present unknown From an
examination made Of the premises by Assistant Fire
Marshal H. o. Baker there is apparent reason why
IRE should have occurred fire nor lights were used
where the fire originated The matter will DO further
investigated.
FIRE IN MURRAY SrREEr.-The alarm of fire for the
Eighth district yesterday morning originated from No.
II Murray street, the premises Of VIM. H Locke.
and known the "Locke Print Works" II was caused
by the spontaneous combustion Of some cotton waste
produced it Is said by leakage OF Croton water on the
day previous The engineer of the establishment John
McKenna discovered the fire opening the door to go
TO work He attached hose on the premises and ex-
tnguished the fire before any damage of account was
done to the promises stock The stock Of goods was
insured for 900 and the machinery for $35 600 in
various companies The timely discovery of this lire no
doubt prevented the destruction OF the entire building
and its contents
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
News from the Pacific Coast.


All the principal counties IN the interior OF the State
have elected Union members the Legislature Two or
three small counties have gone democratic, but AZ .
whole the Union party has not lost anything
The first cotton manufacturing company organized on
Pacific have commenced their operating mill In
San Francisco with paid capital Of 100000, and they
Will begin manufacturing In November with thirty-two
looms, employing thirty operatives They will manu-
facure drills aud standard sheetngs The cotton Ia
supply the mills will come from Mexico At present but
experiments now being tried Justify the article may
be raised cheaper In California
Business is gradually reviving The prices OF many
articles Of prime necessities from the East have an up
ward tendency. Coal has again advanced 10c Butter
has touched 371ac Coffee lc higher Dried fruits
scarce and advancing. Sugar A.. AVG higher. Can
dies in small supply and firm the last advance Soap,
nearly all kinds OF goods and liquors are tending
upwards staple dry goods, boots and shoes are very
firm Breadstuns firm and SC. higher. Money abundant
at u per month
The first sale Of California refined petroleum. 800 gal
Ions at 81 40, took place recently The prospects Of
large production Of this article not yet very prom
sing
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
Score.

MUTUAL vs.. EUREKA-THE DEFEAT OF THE MU-
TUALS--A FINELY CONTESTED GAME-AN IMMENSE
coNcOURsE OF SPECTATORS PRESENT, ETC.
The return match between the celebrated Mutual Club
d New York, and the Eurekas, Of Newark-the cham
pion organization Of New Jerseywhich took place on
the Mutual grounds at Hoboken yesterday attracted
assemblage of people numbering over eight thousand,
the crowd encrcng the entire field The ladies' stand
was occupied by large number Of the fair SEX and out
side the circle there were hundred carriages,
stages nc. Indeed the assemblage the most hume
at Hoboken since the first great championship
match between the Atlantic and Mutual clubs. As
hitherto admirable order and thoroughly fair field
preserved by the Mutual Club, and every attention
shown the legitimate members of the press present.
The clubs evenly represented neither having
their full out but both had good substitutes The
game opened favoraby for the Mutuas by score of to
s. but the advantage thus obtained soon recovered
by the Eurekas and by the close OF the sixth innings the
totals stood 10 to Is in favor Of the Eureka This lead
the Muuas failed to surpass the final result being the
Of the Jersey youths by OF 20 TO 49, The
fielding first class throughout and the batting IN
majority of the innings was excellent
This victory places the Eurekas third on the list as re-
CARDS the average in match games OF those who
have played for the championshipthe Atantcs aver
age being 81 to match the Athletics 80, the Eureka 8
"a and 4 fraction the Actves "A and the Mutual %
The third game is to take place in Brooklyn the latter
part Of the month The umprlng was very good and
thoroughly impartial throughout. The following is the
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
THE WEEKLY HERALD.
The Chea pest Newspaper and best Family
Literary journal I'm the Country.

The Che pest Newspaper and Best Family
Literary journal in the Country.
The WEEKLY HERALD for the present week, ready,
contains
An account Of the visit to the White House Of lar
delegation from the South and OF their cordial reception
and address them by the President; an account Of
Secretary Stewards visit to Richmond continuation Of
the Testimony the Trial of wirz at Washington; .
Report Of the Speech of Thaddeus Stevens on the Policy
OF Recons.ction interesting from the late Rebel
States General Slocums Letter Of Acceptance an
of the visit of Fleet TO Cherbourg affairs In
Washington; late and interesting news from Europe
Mexico, Central America, the South Pacific st. Domingo.
Hay &c; Editorials the leading topics Of the day
Poetry the very interesting stories of The Tale Of Ny
Life and ga True Bill Facet9; Literary, Artistic
Scientific and Religious Intelligence Theatrical Review
for the Week; Sporting News Paris Fashions for Sep
TENDER; varietes interesting Reading for Farmers and
Gardeners valuable Reviews Of the Money Commercial,
Dry Goods, Cattle, Horse, Boot and Shoe and Family
Markets. and reports Of all other events Of the wcek
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15

TIE ALooNoUN AND wINoosKr.

THE ALGONQUIN AND WIE00sKIs
We have purposely omitted to notice tho operations
in what is termed the 'dock race between the Algon-
Quin and Winoosk from the fact that up this time
trial has taken place There seems to be war Of words
and technical points going between the naval author-
ties and Mr. Dckerson and the latter is loud In his
accusations Of unfness and ignorance Of the Navy De-
partment and naval engineers When the actual trial
takes place the readers Of the HERALD will have full
account Of its results.
THE GUNBOAr RHODE ISLAND.
II has been inadvertently stated that the gunboat
Rhode Island twelve guns) is supply and transport
vessel The Rhode Island, it is true, Of the
vessels purchased early in the late war; but is considered
Of the best investments from merchant marine
made by the government 80 that the government has
concluded to retain her special service For period
OF four she has been in active service and has not
been out of commission for day during that period
She has Of the heaviest batteries Of vessel OF
her class in the navy, and combines swiftness with
excellent sea going qualities. She will sail for Aspn-
wall in few days Captain Trenchard, her late COM
mander, Is now one Of the executive officers In the
Brooklyn Navy Yard.
POsTPONEMENT OF AUCTION SALE OF VESSELS.
The auction sale Of surplus government vessels adver
tsed to take place the 18th inst has been postponed
until the 9th inst by command OF Acting Rear Admiral
Bell In order that purchasers may have sufficient time
to inform themselves Of the character OF the vessels
OPERATIONS IN THE YARD.
There at present six thousand actively en-
poyed in the Navy Yard The work the sloops Java
Mushalong Qunebaugh, and Onaro-all OF them on the
stocks-s being pushed with proper expedition. Tho
Java and Ontario All tons measurement and are
316 feet long The s0Op ofwar Brooklyn Ia nearly ready
for sea- also the sloop Monongahela The monitor Kaa-
mazoo-of the same class as the Agamentcus, Monad-
mock, Tpnawanda and Mantonomo-is receiving her oak
planking and is in fair state OF advancement.
THE MONITOR roNAwANDA A PROBABLE FAILURE.
The double-turreted monitor Tonawanda now being
completed at the Navy Yard at Philadelphia, will proba-
bly, total failure It ia alleged that she has
not yet got her full armament coal stores on board,
and yet her hull Is nearly submerged.
OFFICERS MUST SPEAK FRENCH OR SPANISH.
The following is the abstract from the navy regu
lations issued on the LIST inst -
After the LIST Of June, 1866 neither ensigns masters
ioutanants will be promoted 10 the next higher
grades respectively until they have established to the
satisfaction of board Of examining officers or other duly
appointed board that they possess a sufficient knowl
edge Of the French Spanish languages to speak the
same with fair degree Of fuency.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15

Gibbes took three wickets for twenty-five runs The
bowling was credtsbly supported the field two good
catches by Mumord and one by Harry Wright o. wicket
being noteworthy.
AZ LAS p NJ ST. George went to the bat, Ford and
H. Wright going in TO the'bowiing Of Bren and Ham
mond and snguay enough three OF the strongest bats
OF the eleven were disposed Of for total Of sixteen
runs that being the at the fall Of the fourth wicket
Afterwards some good batting was shown by Pomeroy
being eighty before the innings closed AT 5:l5 the
went in for their second innings and they had
twenty four without the loss of wicket when the
time arrived for drawing sumps The following is the
score
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
RALLY THE SYSTEM

After disease has been conquered there Is still the weak
that behind II TO be removed Convaeseence IN
tedious affair II the enfeebled and haccd muscles tho
the watery blood could speak thoy
would for help In too such help as given
them OF the right kind The fiery stimulants OF com
do harm They kindle temporary fame which -
mockry Their effect and the last state OF him VINO
them IL than the first. u...
Not such is the effect of HOSTETTER'S STOMACH BIT
TIERS There Is drawback to their toning properties
Basam plants and barks and roots contribute their eso
uces render this soothing and strengthening
paraton protective remedial agent It's basis II tho
only rure which been produced contain.
ing no other deeteous element The most
careful and lfu chemists have analysed the Btters ana
pronounced them harmless
This scientific testimony But the testimony OF the
hundreds thousands who have experienced the preventive
aud curative the great vegetable tonic and aera
tive OF modern times ia stl more conclusive In
fever and a2ue. dyspepsia, biousness, nervous com
plants general debility and chronic complaints Is -
nearly infabc anything in this faibe world oan b.
NEW YORK OFFICE,
50 CEDAR STREET
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
Brooklyn City News.

UsKsows MAs FOUND DRowyEp-rhe body OF an IN.
known yesterday morning found noatins in the
river foot Of North Third street. e. d. The Deceased was
about ty years Of age Ave feet six inches high, and
was dressed in blue frock COAT light pants and vest
white shirt and underh white cotton drawers and the
boots had been footed On finger Of the left hand was
plain gold ring The body had evidently been but
short time In the water Coroner Barrett held an IN
quest but nothing could be asceaned 10 relation 10 the
dsptilcStiop.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15

R0UIEsrEn, Sept. IL, 1866.
The steamer Grace Truscott having on board the
members of the Canal Board, with Major General
Robinson and other gentlemen, arrived here at
half.past nine o'clock this evening. The visit
we're escorted In carriages TO Congress Hall
where they were welcomed in q brief speech by The
Hon, J. q. Chumasero Secretary Of state Depew re-
Piled in behalf Of the Board His remarks were very
eloquent and elected great applause The party viii
leave for Lockport at eight o'clock 10 morrow morning
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
MAILS FOR THE PACIFIC

The mail steamship Ocean Queen, Captain slocums
will leave this port to morrow, at noon, for Aspinwa.
The mails for Central America and the South Pacific
will close at halfpast ten O'Clock tomorrow morning
The New York Naturalization for tho Pacfc-will
be published at half. past O'Clock in tho morning
Single copies wrappers ready for mailing six cents
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15

special meeting Of the Board OF Fire Commissioners
held last evening All the Commissioners were
present The substance of communications, &C we
condense below.
COMMUNICATIONS.
From Chief Engineer, recommending that two
jumpers and lengths Of hose BE- placed At the dis
posn OF insurance patrol that Hose Company No 10
be relieved Referred TO Chief Engineer and Committee
Appointments
From Engine Company No g. announcing auction
proposing disposal ri effects 10 the Board To
Commissioners Engs and Able.
From Thomas G. Acton, President Of tho Board Of
Police Commissioners, asking for registry and polling
purposes use OF houses OF hose and engine companies
ard, IL Mott and 10 Elizabeth streets Committee
Buildings reported in favor OF complying. Adopted
NEW COMPANIES.
Commissioners ABHE, for Committee on Appointments
aud Discipline, presented reports
Organizing metropolitan Engine Company No 49,"
in West Tenth street with tho followng:-w II Housner
foreman; @. A. Erlschcr, assistant foreman; DAVID
Kelly engineer: W G. Gordon stoker; Chas. Sanders
driver, and seven lrcmcn Adopted
West sevenieenth street with the Following u J.
Loughrcy, foreman; J. A Cowi, assistant foreman; @.
Chambers engineer; Richie, soker; Clark driver,
and seven 1remen Adopted
Recommending several designations, renstating c. W.
Kyle No. Hook and Ladder and dischargng George
Henderson, Of Engine Company a. Adopted Mr. Engs
dissenting On The latter.
REPORTS
Commissioner BHows, for Committee on Buildings and
Supplies presented report denying claim Of No En-
CINE for sos Adopted
BY Commissioner ENgs-Authorizing Committee
Apparatus and Hose to advertise for proposals to furnish
thirty thousand feet of leather hose double veted and
made OF best oak tanned leather whole 10 be delivered
in equal quantities thirty sixty and ninety days nom
date VI contract Adopted
The Board adjourned TO three O'Clock this Afternoon
The Richmond and Danviile Ratiroad.
THE GOVERNMENT DENOUNCED nv THE STOCK
HOLDERS FOR sEIziNg THE PIEDMONT BRANCH
GENERAL JOE JOHNSTON PROPOSED PREsT
DENT or THE ROAD, BIT DEFEATED, ErC.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
CITY INTELLIGENCE.

ANSIvERsARy OF THE CApTuLATIoN THE CRY OF
MHxIco.The eighteenth anniversary of the surrender
Of the stronghold of the Montezumas the city of Mexico
with its outpost the hardly Chapultepec to General
Scott and his victorious army occurred yesterday. 1t
passed in this city with barely token OF remembrance
in the shape Of display Of the Stars and Stripes from
the HERALD building, all besides seemingly having for
gotten this very important event The loss OF one
hundred and thirty bravo men. including ten officers,
tho wounding Of seven hundred and three additional and
the almost complete demOralZa ion of the Mexican army
the 14th of September 1s47 in the light Of the
culinary conflicts Of the past three years do not mat
tiers OF history loom up very grandly, IL true but the
great results Immediately following certainly demand
who still in bear in mind some of the occurrences OF the
war with Mexico.
THE WEATHER YESTERDAY The atmosphere OF yeser-
day sitting 1t to New Workers though
slowly blown from vulcan's smithy immense
plain red hot iron 1t the 'qast Of summer"
by another name. The weather prophets said 1t would
be the climax OF the heated term and the fms well
But they have said the same before The thermometer
stood at eighty -four degrees in the morning a noon II bad
risen To eighty five degrees and at three ~ indicated
eighty-seven degrees This was In cool locality. In
places where the breezcs could not beefsteaks
could probably have been beautifully broied upon the
grstings.
CANINE Extraordinarily FIVE THOUSAND Docs
Ku ED.-Although the thermometer for the past few
days has been dsporting itself in extraordinary man
ner the returns OF the rity Marshal show that the
dog days over On the I'd inst, at precisely four
O'Clock p Mt Is Of importance To note tho precise
tmethe last vagrant specimen Of tho canine
committed not to the dust but TO the waters As tho
poor creature was thus hurried to that bourne whence
traveller returns pla'ntive sound, borne the
breeze which famed the sufferers to Sleep sweled into
the melody 'My bark is on the sea-" The last word
spoken the last dsty cents paid, and more was
heard OF the last of the CANNES We publish detailed
OF the number of dogs sacrificed the altar Of
public health since the 18th Of June
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-15
The New York state Agricultural So
ctety.

The exhibition Of the State Agricultural Society, as was
expected drew together Today immense concourse Of
people 1t is estimated that fully $1,000 people visited
the grounds The cash receipts amounted to S827S H.
The total receipts up TO tho present time, from all
sources, s Sll 900 This is trhc short OF the aggre
gate received here two years up to Thursday
night The weather pleasant during the day up 10
four O'Clock, whom very heavy thunder storm passed
over driving the people into the buildings cattle stalls
and everything that offered shelter Major General
Hooker visited the grounds again day Nearly all the
awards have been made iand will be announced to-mor
Tho composition in several departments has been
very close and spirited, and the committee have had
difficult duty to psrform. All the leading sewing ma
chimes in operation, and we're subjected to most
rigid examination and the sovcrest tests The committee
spent several hours in thor examination They awarded
the premium for the best family machine to the Singer
Manufacturing Company and also for the best manufac
turing machine The premium for the best specimens
Of machine sewing was awarded TO Grover Baker.
The exhibition OF all the horses was very fine and
attracted great attention. also the procession OF
MUM cattle The six eight ten and twelve horse teams
Of the American Express Company formed one of the
principal features Of the day The fair closes to