New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-10


time The esablishncnt had been worked oai!
about five weeks, ard lad just begun TO turn out us
full complement Of guns-fity 0aY nder these
circumsnnces every witness "ho ass siheu on po,n
sides airDs thai the tools and machinery were bcl'
ter not worse for tho thas M r Jf tnc'n ,0nc
OF the Witnesses do indeed say that II scatt red ana
sold To third persons they wonl not have orouh as
much when rew but hBt is not the test OF t5 value
What their pecunlaiy valRr 10 tie ownrr ut ne
time Of their destruction is the true test They bad IN
the p1 esent instance Increased largely III price in com
on with al other gun machinery FOR two causes oue
the grea. demnnd for gnns arising out tic wHr rnd TIE
other a. deprcation II the currency. The witnesses
generally Tie Increase hrs been from twenty-five w
iy Per cent Taking It at thirty, and We have he al
value If the tnos end :chinrry which the r"tr- ..
s;royed-npt es7.g2g 81 but upward Of $4,000. The
Lex charges for the finished and uaanisacd car
binss. So far a. lHo finished caTbines are conccrcd
there IL 10 comp lint bet there is great cutc'y
against tho charge for those which were unfinished.
Why there should be oGtcry 0cains, II have Fever
been able Ia discover. except IN the di,pos ION Of
lbeor ~ oloud under cover OF which to oscapc
the consequences II his defamation. Tie ciIone II
question peculiar urin Sob dy ele bad right 10
M ke IL nobody clse cOnd make IL. The GOg'rlment
had contracted for ten thousand Of them nnd there wss
fir prospect Of as & King more. On ik0isiEd and
aty.f1ur hgd le,n delivered ard pai0 pi i've undrd
moie finished and ready Tor dehyc y. Gni wouhi
lave been delivered hntGa i've thotsnI hYe hnndieo
unfinished in dT.eGt stages 81 tie process
OF No, nleuc, aad would have been COnpi"ed ~ the
rate OF fy ythe hole Ave thousand five hundred
in huJdie ed and ten days. As fist AZ finished ana
delivered tie Government was 10 pay tr them, &c
Ing to Sl3j $50. 1t would cast 81 VI gun 10 ii. the
lrst I've inbred: 20 ~ the first thonsaBd; o. 81 the
SECOND thousand; o. ~ tue lid thOusind s. 40 tie
To- nth tAuusand and $40 Is tie fifth thousand. That
1. =, .ay it. would have sa7 Us To finish The w.oe
and on fiGshing, tho proprietor would have been eE
tried 10 sl55 $50 They were therefore neaIy tIree
quart finished. Unaer these circumstances the de-
cnCanrs counsel alvnnee the stla re and AS It seems
% us prppDsier0gs pfoposltl"n that III. bIre was
entitled ony Ia Tie yee II to- separate ar's oi These
carlin.s arat,ly valued. and the different values
Il bar ftY
ve buEdic urGnld cal bincs ail the pats Of which
we're completely formed. aud which ony required 10
b. 1roueht togeth'r assembled. a. o. .ara TO ma
could value tie barrel b' Itself the locl b. ITSELF and
g. Il each u the other sky parts and add tier values
iog~tlsr 20 Get the amoGnt to be clancd we say we
should take the ETiee Of The carbne as the gyrlnmen
va, totnykr it-whIch was no rorr as nj tie Wi.
csse. az than its fair value, and deduct tAe cost u
guy the parts together Is ou's the tue mode
No o hos Will cDmpensate the manufacturer le-s tlan
this a. no. en- inGeIEniy. II or mode l. not the true
onr tea this result would follow that While the owner
II q complete gun can recover iis iaii value from
a I e,rasse who destroys IT, yet IA tie owner has
peTeh1bce taken Il 10 pieces, aLd iid tue p'ls eaen
by itse I. 10 cicen them, sud thoy are al IN that
state de troycd. he eau only recover rom Tue tes
DIT tic aggregate value OF the seproird paris seps
r-tey valued The principle may be also Illustrated by
relerc, ce to another instrument OF Waffle ro &C nd
Durd, rpeTg, now yias unfinished IN Mr. "eDns ship
vgrI The rioers sought us destruction; IL wts. bow.
eyer saved I'm hsd beer DESTROYED what would haze
srn tic measure Mr. Webbs claim agniEst ,ae city
it hayo Ceen iae price st HLich woad sell IN ip
incomplete stGioi Thai would bc very itie-prooaoly
not "A Lrndredh part of what II cost No MERCHANT wound
bayo bongbtit. For purposes of commerce ~ would
"a. have r., worth DO lir. There would have been
no market ion II. The fair yalue OF The structure Is Its
value 20 Mr. Webb 10. purposes II fale 10 the GoYe
nett that is tue Gov eruuent price less The cos OF Nm
,sning H. Thus vas the claim made up. When IL cnno
before the Supervisors. the Examining Supe lisoi d.
rsct.t bs attention chiefly another noce Of cstimat
ING ~. yrue II the unfinished cul bre and that was
their actual cost. Tbnugh that was moi, NJ We 81 pose
he ma mode of estimating the vnlue n 20 hhf ebed
tbat the claimed and the actual cost were near
II, o,lucid.nt. Which ever way tho osicu.Itien was
made Che resul, was the same The cloh.nts OF both
calculations wee stated In the testimony taken BY tue
Supeiysors For tie purpose therefore, o. sihncins
cayil uad disarming prejudice by reason of sny sup
ed profit ~ the proprietor. wa now sn1a 'ar ma.
s,al condition vi HE estbshuent IL viii thus appear
tha, the caIhines actually cost al that was claimed
and more. and shat when Mr.. blnnt drew DIS con
G u,ons frow he cost, lie dew them Just as aecu'
rarely ~ II he bad dIcwn them from TIE price eilcg'
Lied By the Government Here Is tho poat
.nl, le.i eeeest, fron witch !oa .es ths. +. An
iuslaed 10 at F1 Zoo claim q Mr. F@lss ;aus
make i up. lie catered lalO q dss-.. He
va. Ht smed q rs principle yesoSding 10 VA Is.
rejected an i.Cm which would have swecd H. The
only instructions advice 10 gave VS. caution ~
Mr. Furlce 10 pc N nothing doubtful and 10 err II at
nh In favor o. tie cts a beyond this Dc had part
ia the making up presentation pTUi o the claim Ii
was presented II .Ee Of Mr.. Fnriee, because lie
wa, tue legal owner; the property stood m MS nan
receipt and release was the and the only oe vhlcl
could prJe,. tho city against second elm. The IN
teresl Of Ar cpdyke. however. 1as vel know1. Inc
Aruory had gone w Tie name II M. Opdykee nrmor,
Iops before tho riot. The violence If the mob
against IL WAS on sat account. Is destruction
was announced IN the newspapers OF the hext
S When on s"' ,h aS' oh Of scpt.nb claim
was presented IL wes announced in Tts EueHiHS PoG
VI the 10th II September upon the Information Of Mr.
Opdyke himself that he vss interested in IT, and 1T
amount was stated With all the items for the oITbnes
finished aud unfinished. set forth at length Notwih
standing his large pcennary interes Nr. Opdyke re-
framed from ureing Il personally uponthe supervisors
lie bar Of the Committee or " the Board.
aud when upon tho occasion Of their final sciioi ne
was IN attend before the Committee be came.
nf-r three successive messages - their room In the
Hall on tho aoor abOro the Mayors office. ale stated
10 them that he Interested in the claim he could
remain ard only desired them 90 treat t rs they
wonid that OF any other. Alter hs left II vas eonsld
cred. aud allowoi ut siy9 TO The notion that the
s2r 500 received fon ,he Government was forgotten or
suppressed In mailing up the csim 10 the strongest OF
I'll tn, ,rnngo auces which this cause has engendercd
The claim embraced nothing which bad beon de-
liyercd 70 the Government, ind therefore credited
nothing which had been Or was 90 DO received
rom tho Gove!sm,ut. Has II never occurred - NY
learned friend that II this claim vac Improperly a.
lowed the Supervisor, and Re Controller OF the city
IRE equally cupabo with the Mayori They. AID espe
ciuly the Controcr. are the guardians OF the city
treasury. TIE Mayor had merely slspcnsive veto.
The Super lsors Committee was ONLY advisory. The
C1p,;s,Ier WIS bound 70 examine every claim himself
ne lid so examine sut Ia many instances reduced or
refused elaine SLOWED by toe supervisors me Cor
rcrntlon Counsel was also boand 20 be visiant. He
Was paid for his vigilance His close relations With the
defendant Aro well known The defendant wss then NJ
wrong IN The claim why did the Counsel to the Cor
poratlon conuivs q, TT The defendants hbc though
thrust at the plaiu.f really sssb st the supervisors.
Dc City Controller. and the City Counsel ba, there
vas nothing ro1g the claim and that 10 the reason
why it wss passed viii here take occasion cay that
In the opinion OF my associate and myself the claim pre-