New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-16
UNITED STATES COMMISSIONERS 0FFICH-Soy. u
before Commissioner OSBORN .s.
..H..- LIVELY FIGHT AT SEA. I..


..H." LIVELY FIGHT AT SEA.
.u... United States ugt Ann EMS ...
The examination in this case previously reportedD
was resumed yesterday At the conclusion OF the testimony
the defendant asked 70. her acqua ae ground
that the charge had been snbaEated there being
testimony tai weapon Of any Kind had been defend.
hands The Commissioner refused the request on The
aOds s the other circumstance Of The case and the
testimony OF tho captain that defendant admitted 70 Inn ina.
ming magistrate to hold the ascusd for trial Defendant
accordingly committed in deauls 81 500 ball
SUPREME COMPLEMENTARY l5y-Before hT. Justice
JosYPH T. BARSRED..
THE Law OF NEUTRALITY-SUSPICIOUS. ~ RESPONSIBLE
FOR ALL BUSINESS IN TIKI SAME HoUsE-HoW A
POLICY MAY BE- INITIATED WITHOUT TIE IsSBRERs
KNOWLEDGE.
Leonard Appeby sgt The As.or Fire Insurance 90.
The facts IN this case have been already fully re-
ported the previous trials Of the and Tho trials q sim
They briefly tho plaintiff insured bis stock Of tobacco
and suuH contained lower hooSf his and leased
tho upper noors 20 charmakr dealer The Are appears
originated In tho refuse Of e chair stock Th- policy
expressly excepted extra hazardous an mannfaetor ana
workshops
90 the srmc trials and appaa 1t settled that tb'Pinn
IA bSund know tic character Of The occupations OF the
upper store. and reveal IL 70 the insurance companies hereby
the rsk increased and the main point In this trial was
ralns ia r hing the ehar which brought in in the
rough add which iavoved the use OF nIs and vsIna &c
constituted the upper rooms manuiAo,oy or workshop or
whcher the business simply TINT OF cabinet wa'oom
u which ,h.;e hng' were occidental az, and m. , reo
dsrrd verdict The pAisth Tor the iuA amount claimed
Mr. BncAleJ and Mr Gerard for pIain'f Mr. Vs0dsPool
KEeHEsrxTArIoSs A TO A FouIoS FIRM.
The ospcgo Starch Company ag' hateo G lioirigrss
TVS was an action In which the plaintiffs claimed 10 Scovcf
n the desalaBt s2o agng that b. reason Of fae and
fraudulent approximations q dend1Rt m 'Sling to Paalns
responsible and solvent te plaintiffs induced 70 sesto the
Ss S a, 70 s ' When ISe nS rested ~
doRAss attorney moved for nohsuii The groesd that
proven liz Court niimstd notion well based
and pnT then asked have reopen his aud called
ton as Tho yeacy Of The Havana inn Therefore the Court
granted ths defendants nDoa and tAs plaintiffs were non
VIM H. Amour for pAlsia Couder. Brothers Tor defend
Before Mr. Justice MUtIrS
ALLEGED INJURIES To HORSE.
John LIfrts al agt The Beecker, and Fulton Ferry
Tho plaintiffs aege that they ptasrs doing business
No l0 esEmans manufacturers q galvanized sheet iron
list defendants, pass their door that the 81 Of Septem
Ler horse and wagon belonging plntlfs stand
that the and wagon worth sD that 1T defend
was carrio-sy driven thar me front
arng lhs severely TO render Inn nearly useless for
The answer : n general denial The testimony TO the
amount Of Oss sustained hE plaintiffs contradictory
The Co. charged theiuy that e ihe defendants horses
driven dangerously si the ees Of the dger 10 stop
them II ssah effort lane did nosSeheye them from labi
~ or Got driven aad 20 effort Was made to sioP them
horse Of plaintiffs Was rgt properly AaAed or In Charge OF
The y found Tor panis assessing the damacss at SEQ
J. IL u Pinckney ION Plaintiff J. NJ scribes defend
ants
Abal 1zsreit Theodore shabor and James Iorves sg
Cornelius X Garrison AMI John FretzS
In tbs ease reported YESTERDAY TBpNE, tho ground
made 5y plaintiffs allowed % draw uroI which ends.
the Gao fOF the preasnL
Albert Dag, e. a.. agt. Philomena Clue u al.
NoiGflse made In this IL was brought simply %
proVea will BY direction OF thlGSurt the found the FOL
last will ana testament q Elizabeth Clus declared and
earipg date the i, day OF Dcenber ISL duly excused
y hrr as her last via second The said Instrument a,t
iaue dated Deaember 1851 after its ezOGution, wlAiy
Invoked BY tho sid Elizabeth eiue .,,,..,,
IN the Of James DUFF ct al ag Emma ianeker she
Complaint dismissed
CsSIRII TERi-Ijcioro Jusaas BARSAED SUTHERLAND and
n POWER BoAEa, OF EDUCATION IN TH9 Ar-
PoINIMLSr OF INSTRUMENTATION or 1KAoH-
ERs MCsr BE SENT Ia THE BoARp-"ARD IkJsibts
n. People y rel Edward Banks and others Tsices OF
schools IS the Twenty hFss Ward agA Iho BoaTu Vi Edu'
rs was an oppen fur. an order granted at Chambers by
Jdgc Barnarl denying motion for smAndamns % compel
r board VI Edncaiion TO appoint Aba1r H. Holly as Prne
% ssoT So y n iSe seSoa hsTss hs some
ey with The sn 10 them hs 70 take Ell
t some months ss se, s, 70 them H wSew K M%n%he
ry The name Of Mr. Holly 70 he Board 20 p appointed
pineipal IN nee Of NJ Wood 1S Board OF Education re-
| nsed % sppont Holy the ground that there was
vacancy IL sgucd by the appellants thai mandamIs
mint upon the nomination OF tho Trustees and shat there
aacony resignation 20 the Trustees causing such vacancy
For ss respondents nrguad that there
BECAUSE s the power appoint snd remove principal teachers
syested IN tho Bcnr IL follows that rcsignaons OF such
chprs DO and ncssped by the aSd before va
ccy enu arise Tho Court b9ad not BIZ asked TO coBlei tho
Bsd 70 appoint certain person. for that TSad be asking
toeonro The discretion vested the Board The oheci OF the
Igature wus confer the Boar OF Education super
yry power wAch would enable them 20 eontro the Trustees
various was and bB the Board had pronounced s
kigment there vacancy her decision erone'
| am eould ouiy be- reyiewed BY certf0yor
the decon OF the Gceral Term, which was given by Judge
Clrke the Other Judges eoneurring, VAS as follows
"The act Of 1901 declares that TIE principals and Wee
pcns shal b. appointed by the Board Of Edaeaon upon
thcwtten nomination Of majority Of the Trustees OF the
win The actual appointment then Is vested e1cnAi'ey IN
the Board Education IL necessarily follows that the power
OF pmoyn is also vested exclusively In hem for the Trns
tec we're permitted exercise this latter power they could at
all lines n the power OF appointment given expressly TO the
Bod Of Edncaon The former could remove fast % the
latter may appoint II the Board OF Education then have the
exclusive power offcmoya they alone have the poyeof dec
ing when vacancy has occurred whether by resignation
accepting proposed resignation Consequently the tender OF
resignation BY pTiucpa or yecpncpal should be directed
and delivered The Board OF Education who alone have the
accepting accepting H. There was not IN the
pe,ent case any resignation by Wood 10 the Board OF Educa
lion and no acceptance by then OF his intended resignation
This essential 10 consurnmae resignation; until this Il
done either By express ncepsnce by tho appointment Of
another IN his place incumbent is never legally out OF office
Otherwise an unworthy polson, guilty OF the most hagral
violation of bis duty could by voluntary notion bis pifE
many cases escape tn and the deserved inomny o. w
mssal" Tile People rel MeCune The BosTdoi iohc
es-26 Barb J1l No vacancy having actually existed Wv
.t.al I'll. any