The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-26

young diplomat is Frenchman, 1t is true. but
was ATTACHED to another legation and q near rela-
tive OF It's head. The Minister whose relative has
thus made himself famous Is a gentleman or the
highest responsibility and regrets the scandaous
affair deeply.
The Tonnage Dues Case.
On Saturday ! sent you O brief paragraph about
new point raised In regard to one OF the cases
brought against the Corporation OF Washington to
cover back fees paid 10 harbor masters, with interest
and cost or suit. The question was argued before
Justice I. X. Plant, Of this city, who to-day rem
dered decision which explains all the points in
volved. and which are Of great importance to
shipowners in New York and elsewhere. Tae fol-
lowing is The decision of Justice Plant
This suit was brought to recover the sum OF four
dollars money received for tonnage dues. The At
torney Tor the corporation, ID. L. Cahlll, claimed
tnat the most OF the account was barred by the
statute OF limitation ana cites "Parsons on Con-
tracts" and furthermore claimed That The money
was said to the harbor master without protest by
the captains or masters OF paid vessels, aud that
y was for the plaintiff TO prove that
tnat he had ever paid the money ov er to the cor
poration; ana again, That no force was USED, Dat
mat the money was paid without threats being maae
by the collector r. ;. DAVIS attorney Tor the plain
u in closing the case stated that under the act of
made his duty to collect the tax, and in case Of any
captain or owner refusing TO pay the tax SAID
MASTER captain or other person shall, ior each ana
every ohence severally forfeit and pay sum
not less than thirty dollars nor more than
hity dollars, to be recovered &c. also
quotes Gritty, on contracts IN regard to the
plea OF limitation Mr. Davis quoted The cases OF
Sherwood Vs. Sutton, Mason, lab; ConyerS VS..
Rlnans, Georgia, 2os; Turnpike Corporation vs.;
all the authorities quoted by both attorneys, and
have also read the act OF the Corporation OF wash
from the evidence of r. William II. Barnes That the
money wBs paid under protest. and that the harbor
master did threaten 10 collect the fees by legal pro-
cess as by said act Of December 49, 1862 ordered to
DO and that the money was paid to AVOID the deten-
ton or the vessel l do not believe that the
statute Of limitation acts as bar to
the recovery OF money in cases like the one now
question until the end OF three years from said act
having been declared by the Supreme Court to be
defendants plea that the plaintiff must prove That
the money was paid 10 the corporation by the harbor
master II ID my opinion that Is optional with the
aggreved party to either the agent or principal
and do not believe the plaintiff has anything to do
with the uses TO which the money Is put; that Is q
matter resting entirely with the corporation In
view OF all the facts, above stated, l give judg-
ment for PLAINTIFF for the amount -four dOlars)
claimed, on interest from date with costs OF suit.
Judgcsl,ip Of the Fourth United States Judi
cial District.
Mr.. William J. Albert Of Baltimore, and Messrs.
Archibald Stirling and Benjamin Deford called upon
the President to-day relation TO the filing Of the
original vacancy in one Of the judgeships Of the
The new law provides for nine judges. Mr.. Albert
and his friends suggested the name Of Judge NJ.
Lenox Bond for the position. The President spoke
favorably OF Judge Bonds fitness for the position.
Attorney General HOar is also understood to be in
favor OF Bonds appointment.
Evasion of Duties ON Iron and Steel.
Mr.. S. M. FELTON, ana Major Henry McAlsler, Jr.,
OF Philadelphia, secretary OF the American Iron and
Steel Association, had an interview with Secretary
Boutwell, this morning IN reference to the under val
uaton OF foreign steel and the partial evasion of the
duty on iron and steel rails Mr.. Boutwell, stated
that he was engaged In a thorough investigation of
the subject TO which his attention had previously
been called ana 1t his intention to carry out the
law in letter and spirit.
Fair Of the Maryland Agricultural Society.
committee from Baltimore, representing the
Maryland Agricultural Society. and committee
representing the Maryland Institute for the Promo
ton OF the Agricultural Arts, called on President
Grant to-day and rendered to him an invitation
to attend the inaugural exercises Of the revival
Of their State Agricultural Society on Tuesday
and Wednesday next. The President thanked the
committee for their courtesy, but stated he would
be unable to avail himself Of the invitation.
Serious Illness of Governor Pratt, of Mary
land.
Dispatches received here tonight state that ex-
Governor Pratt, OF Maryland, rs alarmingly Ill.
Governor Pratt was elected Governor OF Maryland
IN 1874, on the ticket with Henry Clay, and in 1s4s
succeeded Reverdy johnson in the Senate. who was
appointed Attorney General in Tayor's Cabinet and
served eight years as United States Senator. Gov
ernor Pratt's influence In Southern Maryland was
very great and in his death Maryland will lose one
OF her most distinguished and useful sons.
Consul General for the British East Indies.
George Butler, nephew OF General Butler, has
been appointed Consul General 10 the British East
Indies Mr.. Butler has for some time been connected
with the press OF New York, and has been here for
the last week.
Long Term.
Judge Fisher to-day sentenced colored youth,
seventeen or twenty years DID, to thirty years. i'm
prisonment In the Albany Penitentiary for an out.
rage committed on a small child, also colorcd.
Yellow Fever In British Honduras.
The Vice Commercial Agent at Belize, British
symptoms OF yellow fever then prevailing. II
disease SO far Is not epidemic The deaths are few
and are confined to the non-acclimated.
Personal.
Colonel william G. Moore, formerly private secre
tary OF ex-President Johnson, after spending few
DAYS here returns tomorrow to his ned OF duty out
West as paymastcr In the army.
UNITED STATES SUPREME COURT.
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