The New York herald., 1875-03-17
THE BOUCICAULT-HART CASE.

u,
Theatre Comique has entered two demurrers in
the law and equity branches Of the United States
Circuit Court Of the Southern district to the &C
t:ons instituted against him by Mr. Boucicaut for
alleged infringement Of his copyright to the
special ownership as author OF the drama OF
"Shaughraun." The demurrer in the law branch
1s as i0lOWS:-
New York;.Dion Boucicault vs. Joshua hart-Deiend-
np 0A he MS acs IF s6s % i
po legal capacity to sue in this behalf second-The
tute OF action, and the therein contsined
s naf I% aw o as 'ts S aa f to hsS. CD
mantsin bis Aforesaid acton against me said defend
same and this he Is ready to vefy ss and the
On @ 5 ss4 be
hereof against him that, among other insuicencies it
the aa as sen o
o sn s S S s
p.inta upon the stage Of theatre and il does ap
y ;Aa ss s re
%n s OF ays alter s By yuc 5
and in Of such omission does not
shd further that i does appear that psint has
as % o s he ss
or1ma K%o6 Sy 6s0PYISnt Y Defendants Attorneys
The af1davits of defendants counsel, and OF de-
fendant himself, certifying to the above facts, are
annexed.
The demurrer in the equity branch OF the Court
Is OF vhe same tenor and substance as the FORE
going.
PAY OF THE CORPORATION COUNSEL.
Once upon o time the Corporation Counsels
onlce was worth Some s6o0 900 year. The salary
was subsequently fixed at So, 500 year. with So, 500
yearly allowances for services in street opening
cases. Under the charter OF 1870 the fixing of the
salary was lett TO the Comptroller, who made it
$4,000 year. Comptroller Connolly, in addition
10 the SIS oo continued to pay the previous extra
compensation of $6,500 winch further sum, how
ever, Comptroller Green refused to pay. MIR.
OGorman brought suit against the city, and the
case came on some days ago for a hearing before
Judge j. T. DAILY, holding Special Term OF the Court
OF Common Pleas, when 1t was argued at length by
Mr.. A. Oakley Hall on behalf OF Mr.. OGorman, and
Assistant Corporation Counsel Dean on behalf Of
the city. Judge J. F. DAILY gave his decision in the
matter yesterday He holds that the salary OF the
Corporation Counsel having been fixed at stated
sum suit cannot be maintained tor the extra
pay demanded, and gives has reasons in the lol-
lowing opinion =
By hs act chapter sss Laws Of lo SECTION y it is
annual salary, to be fixed by the Oomptroler, notex
Z WIN " sS pro-
son eK. pc led The salary thus p5Sydsd %
which las been gsa Hialn,i THIS St' assoa % &
under the Il La Laws ases oi
scsa % % ps % 4. or
S; 'tS " sHsa Of s ss.sss:
ssf'a s4 Che By Sens n sc o
the e M public parks
si @ s'V I ssx
M.yors Aldermen and 6o%mSnsiiy. Ssx Yorf 4
: $: %
nc ne
pensaton, amounting together to $1,000 per an
s until the Of % 5
s .SSys 5sisEIsd prSydins maj ihs Counsel
% Rs'as Pan
only ss Shs $1,000 pr pseousiy No. 81 re
res and charles certain tie statute
" Hs wacSsr the be saeas an Sf sfa ID
h." sSs regular @ ,aags sssF paid
Of ices lor certain seryces was dspendsn upon such
poration was called upon render The services not
was 10 hs oce s Ana a np tho TO
other duties rormed BY he Counsel to the Corpora
crmsd or the city and the whole Of the
Officer wa va. paid ar9 Sm the city eaury when there
troer 70 fix salary Tor the officer which might
ana % Largely fysceRed & ns 5 'sh al
.ourees, ana inconsistent provisions Of law were
pcusaton which should supersede all other regular,
sta Ell or annual allowances attaching 10 the once
and payable rom the city treasury Demurrer over
ruled and Judgment thereon ior the defendants with
costs.
This IL probably one OF the cases In which it
would have been more agreeable 10 the present
corporation Counsel TO nave been beaten than
OTHERWISE, as, nad the decision been against him,
he could nave added this $4,000 TO his annual
stipend. However, the end may not be yet, as 1t
is not at all unlikely an appeal may 0e taken from
the present decision.
TWO YEARS FOR TAKING LIFE.
On the morning OF April l, 1874, John Hughes.
better known as Jack the warror,n went home
TO his boarding house. No. lo4 Clinton street, In
company with small BOY, having been at party
the night previous. Upon arriving in the house
he met Thomas Mcintyre auas Moore, who was
also resident OF the same house. The latter took
the BOY into room, and Hughes objected to his
hoidlug any private conversation with him. TINS
cAasperated Mcintyre and both the men became
engaged IN an alteration, during winch, IL is
aHegcc, Hughes struck the otner on the head
"ith iAmo. Nothing was thought OF the