davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-01-28
Canal Auditor SCHUYLER.

Governor Tilden will perpetrate a great
blunder if, as his friends give out, he de-
cides that he will not send another name to
the Senate, now that it has rejected his nomi-
nation of Mr.. Schuyler to the Office of Canal
Auditor He could Justify himself only by a
quibbling technicality which violates the
whole spirit of the law. 1t is the plain in
tent of the statute that the person holding
the Office of Canal Auditor shall be the
Senate. the Governor being authorized to fill
vacancies only during the interval between
the happening of the vacancy and the meet
ing of the Senate. That Mr. Schuyler is not
entitled to hold over by his appointment to
fill a vacancy is acknowledged by the Gov
ernor himself in the fact of his nominating
him to the Senate. 1t is his clear duty TO
proceed as he would in the case of an original
appointment, and send in second name
when his first choice is rejected.
The technicalities on which refusal to do
so is attempted to be justified will not bear
moment s examination The Governors sup
porters quote this section of the constitu-
ton :-"When the duration of any Office is not
provided for by this constitution it may be
declared by law, and if not so declared such
Office shall be held during the pleasure Of
the authority making such appointment. ;"
The last clause of this section, which is the
one relied on, is utterly irrelevant because
the term of Office of the Canal Auditor is
declared by law, which precludes him from
holding ''during the pleasure of the ap-
pointing power"
There is statute which gives q more
plausible color for the non-action of the Gov
ernor, but it is merely specious, and will fade
as soon as it is looked at In the act creating
the Office its duration is declared to be three
wears ''and until his successor shall in like
manner have been appointed. The plain
purpose of this provision is to bridge over
the interval between the 1st of January and
the confirmation by the Senate Of an ap-
pointed successor. If Auditor Thayer had
not been suspended and his term had ex.
pired on the 1st of January the Governor
would have had precisely thesame right and
no more right, to keep him in Office by re
4 ftlsing TO send another name after the Senate
had rejected his frst nomination that he ha'
| to pursue the same tactics in favor Of MIR
The New York herald., 1876-01-28
PERSONAL INTELLIGENCE.

Mr. William Beach Lawrence, of Rhode Island, is at
the Albemarle Hotel
Professor Theodore D. Woolsey, OF New Haven
rived Jhe city yesterday and at tho Everett House
cable telegram from London under date of 27th
inst reports + Tongs and Lawrence Alma Tadema,
the artists have been elected Associates Of the Royal
Academy.
Proudhon the leading writer of the modern French
socialistc school, aid;'.My real masters, those who
have caused fertile ideas to spring up my mind
three in number First the Bible; next Adam Smith.
and last, HegeL"
william Cullen Bryant could not 60 to williams
College dinner; so he POLITICALLY wrote:-"0Id ago
shrinks from cold as from reminder OF the grave
yard and loves warm aud ne5tIes in suug
hooks out OF the wind"
San Francisco paper, speaking OF a suicide says
'when c2ronicle reporter visited the house shortly
after the occurrence the Chinese boy servant was an
concernedy engaged in clearing the table Of the food
which had been untouched" "
Massachusetts clergyman Rev. Bromley, says THAI
baked beans are devils food just because Boston
has them cooked on Sunday morning. Rev. Brcmicy's
theology is wrong the devil does not hire baior on
Sunday morning; be pays a sexton.
During the past year 16o, SO1 tons Of have been
extracted from all the levels OF the Consolidated v'r-
ginia mine Nevada, and 100 0ot tons have been
uuccu, winch yieiutu SAof toA,o'o ~ " eH'o
amount sl2 900 wore paid out as dividends to
stockholders
Layer after layer OF cedar trees have been dIscov-
cred in the mari beds OF New Jersey The newest lay
crs are 200 years old Ten thousand shingles arar
sometimes made from one Of these trees and there ao
not jackknivcs enough Jersey to whitte the shingles
down TO a democratic majority.
An Irish dramatic critic, OF New York recently In
red brother journalist to take pima bottle cham
paene "But," said tho journalist Il am in company
with twenty or thirty friends and can't leave them
90 pshaw" said the critic bring yer thirty friends
along, well hcv the pint bottle anyhow"
Dr. Fergus OF Glasgow. writos:-estrcams should
never 30 archcd over and used sewers because Al,
the bed is always irregular and aneven the aow will DO
retarded and refuse matter will lodge and dcconpose in
the creviccs II Is ever advisable to follow the
>urse OF stream then regularly built sewer should
be constructed
Philadephian, who is glad that Congress waa
patriotic enough for the Centennial appropria
ton advertises a shoot fora prze "the conditions Of
the shooting be-Three rats EACH twcnty.one Yards
rise, six yards boundacy, and a half ounce shot
open 20 all shooters No outside shooting allowed.
Plenty OF rats always.on hand"
woman correspondent, who gets her chicken salad
for rnothing in Warrington society writes in paymen,
therefor, that Mrs Babcock is very petite In stature
and attractive In appearance through her presti-
OF features but from her dark skin and eyes being
set onto striking advantage by hair which is son
and gray like tenirils OF Suanish moss
The New York herald., 1876-01-28

votes will be given TO the democratic candi-
date But although the Southern delega-
tions 10 Cincinnati will represent no cleo
toral votes. they will be just as efficient in
the Convention as if they could contribute
to the election of the candidate whose nom
ination they may control
OF course it is for the interest of Mr..
Blaine and his supporters to strip the
Southern delegates of their influence and
give them back seats. But unless they are
shut out of the Convention by the success
of contesting delegates there is no obvious
way to deprive them of the inhu-
ence to which they are entitled by
their numbers 1t is quite true, in
deed, that our national political con-
ventions are inequitably and absurdly con-
stituted. There is no fairness in permitting
the States in which the party is in a minority
to turn the scale in favor of candidate
whom their constituents can do nothing to
elect. In this respect the old exploded Con-
gressional caucuses of fifty years ago were
more equitably constituted than the national
conventions which have succeeded them.
Each member of Congress who participated in
caucus for nominating Presidential can
didate had constituency of his own party
behind him, his credentials consisting in
the fact of his election. The nominations
were made by men who represented votes !.
but those caucuses were nevertheless such
hotbeds of intrigue that they sunk under
public odium and were abolished. But, un-
fair as the system is which succeeded them,
the delegates who represent no electoral vote
cannot have their influence curtailed so long
as the system lasts. All the delegates to
national convention stand ON an equal foot
ing and have precisely the same rights.
There is no way of making the republican
delegates from the South take back seats at
Cincinnati after they are once admitted to
the Convention. A hundred delegates from
the South will be just as fully entitled to
their preference and have the same right to
urge it as any hundred delegates from States
in which the republicans are a majority.
This is the common law of such conventions,
which Mr. Blaine and his friends will be
compelled to accept, however little they may
like it. Their only chance of nullifying the
Southern vote at Cincinnati lies in the sue
cess of their masked project for creating
new republican organization in the South to
serve as a mill for grinding out contesting
delegations. We doubt if even the most con-
summate political dexterity can make such
project succeed against the official patronage
of General Grant the shrewd activity and
vigor of Senator Morton and the rooted in
huence of both among the Southern repub-
licans
The New York herald., 1876-01-28
Hon. Rohert Q. soheno,s.

The Associated Press despatch from Lon
ton that writs have been served on General
Schenck, the American Minister, and other
persons prominently connected with the
Emma Mine Company, is too vague and
blind to convey any precise information.
1t can hardly mean that General Schenck
has been summoned as witness to tes-
tify in the case, because writ is
not the form of proceeding which
is adopted in summoning witnesses.
Moreover the other persons included in the
writ stand in the relation of parties or de-
PENDANTS, and writ issued against Albert
Grant and including General Schenck must
regard him as party and not as a witness.
He is of course protected by his dip
lomatic privilege if he chooses to
avail himself of it; but he could
hardly afford to do this, since it would
imply that he has no good defence, and dares
not go into Court and confront the accusa-
ton. 1t is to be presumed that he will
waive his diplomatic privilege, and trust that
the same explanations which satisfied Presi-
dent Grant, Secretary Fish and Mr.. Reverdy
johnson will suffice to clear his honor in an
English court of justice
Let us hope that this is not too confident
an estimate. Indiscreet Mr.. Schenck has
undoubtedly been, but his countrymen
should be slow to believe that he has been
dishonest. That he was conscious instru-
ment of deception and fraud is Incredible
He was no doubt convinced by the
schemers who made tool of him that the
Emma Mine was the rich bonanza which
they represented it to be. 1t is charitable,
nay, it is just, to assume that he is victim
to be pitied, and not criminal to be pun
ished. He was inexcusably, fearfully indis-
Greet, and his example should serve as
warning to persons in public stations. But
that he was a knowing accomplice in gigan-
tic swindle cannot be credited without at the
same time inculpating the President and
Secretary Fish, who have no known reason
for shielding General Schenck unless they
think him innocent and too deep stake in
the honor of the government to retain him
in Office if guilty. We therefore trust that
it is safe and wise for Mr. Schenck to waive
his diplomatic privilege and meet his ac-
cusers with the confident air of an honest
though credulous man
The New York herald., 1876-01-28

HELP FOR BosToN. Evidently another fast
mail train is wanted-for the encouragement
and enlightenment of the cities of the East.
In another column q communication signed
Reader" details the grievances of the intel
ligent people of Boston with regard to the
newspapers of this city for which they
banker These papers arrive at half-past
four to FIVE p. III. at the Boston Post Office,
and lie in the merchants downtown boxes
till next morning Some improvements in
the administration of the Boston Post Office
would therefore give them q partial remedy.
But fast mail train in that direction
hitherto unexplored by this great agent Of
modern civilization-ist the real requirement
Boston should have the New York papers by
ten A. M. every day, or at the latest minute
by noon Leaving this city at four A. M.
the train would reach Springfield, Mass, at
seven, and there connect with the quarter
past seven train from Boston. All New Eng
land could have the papers before night,
greatly to the advantage of the people (; for
there is not q first rate newspaper printed
between the Harlem River and the Banks
of Newfoundland
The New York herald., 1876-01-28
ADJUSTMENTS TONIGHT.


BowERY THEATRE
UNCLE TOMS CABINat 8 7. NJ Mrs g. C. Howard
PARTISAN VARIETIES
VARIETY. at SPIN
SAN FRANCISCO MINsTRELS atsP.M
WOODS MUSEUM.
DONALD MCKAY, at =. Nj. Oliver Doud Byron Nat
inee At ? r. NJ
GLOBE THEATRE
BOOTHS THRATRE.
JULIUS CESAR, tsP. NJ. Mr. Lawrence Barrett
THEATRE CoMIQUE
VARIETY at PM
GERMANGA THEATRE
NEMESIS at 8 p NJ
THIRD AVENUE THEATRE.
VARIETY atSP NJ
wALLACK's THEATRE.
MARRIED IN HASTE, ?. NJ. Mr. Lester Wallack.
ACADEMY OF MUSIC
NORMA. at 8 z. NJ. Mile ntiens.
TIvoLI THEATRE.
VARIETY, atsPM.
COLOSSEUM
PANORAMA, to P. NJ and 80 to 10 7. NJ.
EAGLE THEATRE.
VARIETY. at 8 Pm
BROOKLYN THEATRE.
ROMANCE OF POOR YOUNG MAN, at Pm. Mr.
TONY PASTORS NEW THEATRE
VARIETY at p NJ Matinee at > 2. NJ.
UNION SQUARE THEATRE.
ROSE MICHEL, at s p NJ
OLYMPIC THEATRE.
FIFTH AVENUE THEATRE
PIQUE. at p. NJ. Fanny Davenport.
THIRTY FOURTH STREET OPERA HOUSE.
VARIETY, atsP. NJ.
The New York herald., 1876-01-28

WALL STREET YEsTERDAY.-T Granger
stocks were the feature, and an advance is
recorded in st. Paul and Northwest. Gold
was steady at 112 rs 119. Money on call
loaned at per cent. Government bonds
were very strong. Railway bonds were also
in active demand at higher prices
The New York herald., 1876-01-28
Another Democratic BIunder.

communication in another column re-
lates pitiful story, which will. we suspect.
create good deal of indignation through
the country, and not unjustly 1t seems
that in the Post Office attached to the House
of Representatives there we're employed a
number of Union soldiers, all but one, as is
shown in the list, disabled, which means,
duties of life 1t was not only q
humane, but an eminently proper, act
to give these poor fellows the petty
places they held, and they ought never to
have been allowed to fear removal from them.
Such support for their declining years they
have right to claim. But it seems the
democratic majority of the House has made
haste to remove them all, and to fill their
places with men who, according to the kind
of oath they were obliged to take, served
against the Union. We warn the democrats
that they will excite just indignation and re-
sentiment by such course. The HERALD, as
is very well known to all its readers, has,
in every way and constantly discouraged
sectional bitterness or any revival of the war
feeling What the country wants is har-
mony and good feeling. But it is impossible
to get these unless both parties show good
sense, and the democrats ought certainly to
pay respect to the claims of the poor fellows
who were disabled in the service of the
Union. We should be glad to see the lead
ing democrats in the House take immediate
measures to restore every disabled soldier in
the list which has been sent us to the place
from which he has been expelled. They
cannot succeed on any narrow policy, and
they will be held responsible in this matter.
The New York herald., 1876-01-28

THE PEACE PARTY IN AUSTRIA aims vaguely
at European disarmament if we may judge
of the imperial forces and to engage an in
ternational congress to discuss the matter
further. 1t is too soon. The bayonets have
not vet drunk blood enough.
The New York herald., 1876-01-28

How THE ARMY EXPENSES can be reduced
without reducing the fighting force Of the
army is examined in Washington letter in
another part of the HERALD. Judicious
economy is one thing, but simply chopping
off SO much of the force to cut down so much
expense is an absurdty.
The New York herald., 1876-01-28

MCKEE, OF ST. LOUIS Whiskey Ring fame,
is said by our correspondent to have pre-
sented good defence through the witnesses
for the prosecution calling each other liars
all round. The proverb about rogues fall
ing out, &C., seems to have gone wrong The
progress of the Milwaukee and Chicago
prosecutions is Detailed elsewhere.
The New York herald., 1876-01-28

BAVARIA has been warned from Berlin not
TO exempt priests and ecclesiastical students
full military uniform is among the luxuries
which the profane look forward to, and we
do not wonder that the Ultramontanes are
looking for a compromise on the Falk laws.
The New York herald., 1876-01-28

The LoNsDAIE STRIKE appears to be ended,
the men resolving to return to work on Mon
day. They have lost three weeks wages and
have gained nothing.
The New York herald., 1876-01-28

THE HOUSE OF REPRESENTATIVES, discussed
the bill amending the law for sending obscene
matter through the mails, An animated de-
bate took place tending to show the loose
wording of the amendments, and the bill was
recommitted.
The New York herald., 1876-01-28

THE FINE ART OF BURGLARY was exempli-
fed in the Northampton Bank robbery.
Twenty-Five thousand dollars reward should
stimulate the police to match their skill
against these daring thieves
The New York herald., 1876-01-28

THE HERALD BY FAST MAIL TRAINS -Nescs-
dealers and the public toiH be supplied ,cih he
DAILY, WEEKLY and SUNDAY HERALD, free of
postage, By sending their orders direct to this
Ofice
The New York herald., 1876-01-28
Breaking Cables.

Apparently it is believed in the Direct
Cable Company that their cable, which has
been repeatedly broken by violence, has also
been broken by design, and that the gain of
the persons who have originated this nefari-
Gus practice is to be secured by the conse-
quent rise in value of the shares of the
Anglo-American Company. Every one is
very apt to reason that any fact which regu-
larly follows another is therefore the conse-
quence Of that other, and excited men who
see spectators making money out Of their
calamity would be more than human if they
failed to conceive that such spectators
might be the cause of the calamity. Per-
haps, therefore, the charges made may have
only this origin; but the case seems suscep-
of the Direct Cable Company knows that
certain men have had knowledge of the
calamities that were to befall them before the
calamities came they must know who these
men are. and it would seem worth while to
try whether good detective could not con-
meet these persons with the fact of this great
depreciation. 1t requires a number of con-
federate villains 10 practise such an outrage,
and it is scarcely possible but some one vii
lain would betray the Others if closely
pushed No one doubts the possibility of
the fact limited at by Mr.. Lushington. The
money to be made by change in prices Of
any important stock is sufficient tempta-
ton; and where the property upon which
ths value of shares depends is within reach
so easy method OF affecting prices as the
damaging of that property will commend
itself to many persons; and the financial
morality of the age is no guarantee against
it. But there would be also very great
variation in prices if the spectators should
break the cables of the Anglo-American Com.
pany; and yet they do not do that. If al
the other cables were broken, and the world
left to the cable Of the Direct Company, the
price of its shares would go up enormously
and if such depreciation should ever b
committed there will be good reason to be
lieve that Mr. Aishington's charge is JUST
fed
The New York herald., 1876-01-28

The GREY Nuns Act was repealed unan-
imously by the State Senate yesterday. 1t
could not ''come to time" after Morrissey' S
''knockdown."
The New York herald., 1876-01-28

The BILL defining the validity Of certain
presumption and homestead entries of public
lands, where the titles appear to conflict
with railroad grants, was passed by the
United States Senate Yesterday
The New York herald., 1876-01-28

From oar reports this morning the probabilities
are that the ,oedthe'' to-day aoN be slightly aoarn,er
and partly cloudy.
The New York herald., 1876-01-28

GUATEMALA AND SAN SALVADOR are reported
to be on the brink Of war. Perhaps good
earthquake would bring them to their senses.
The New York herald., 1876-01-28
WITH SUPPLE M Z n T.

NEW YORK, FRIDAY, JANUARY 28, 1876.
The New York herald., 1876-01-28

'tOUTsIDE BARBARIANs" are apparently not
growing popular in that great Empire
where prejudice is almost immovable,
China A general war on foreigners is
thought to be looming up. The Chinese
have been making improved artillery of the
largest calibre and adopting breech-loaders
for their immense army, so that an excursion
to Pekin will not be as easy as when the
French and English made their last retalia-
tory march and sacked the palace of the En-
peror.
The New York herald., 1876-01-28
Schuyler. He will damage himself il he

Schuyler He will damage himself II he
carries out such purpose.
He cannot succeed in such policy if he
attempts it, for the statute relating TO filling
vacancies in Office enables the Legislature to
take the whole matter out of his hands. The
following provision Of the act of 1849 gives
/. the Legislature a perfect remedy:-''Any
person appointed by the Governor Except
State Prison Inspector) may be removed from
such office by concurrent resolution of both
houses of the Legislature. On such removal
both houses shall forthwith, by joint ballot,
appoint person to the office made vacant
thereby" Governor Tilden cannot, by any
technical quibble, parry the force of this
plain statute
Rapid Transit and the Horse Cars.
1t has been asked by duerulous corre-
spondent if the HERALD had abandoned
rapid transit to advocate reform on the horse
railroads. To this we answer that the two
things are parts of whole, for which, in the
interest of the community, we shall not
cease to strive until both are ac-
oomplished. We have never relaxed
our efforts on behalf Of providing
steam transit for New York, but our cor
respondent must remember that local travel
which will not call for steam communication
will remain to be supplied, and the grasping
corporations in whom are vested the fran
chises for supplying the accommodation
therefor show no sign of honestly meeting
the public want. If it is fognd that travel
falls off on any of the lo1se car lines. owing
to the superior attractions of the steam rail-
roads, we shall see the companies draw in
the number of cars until the erowding
;s as bad as at present, unless law is passed
compelling them now and henceforth to give
a seat for fare The companies have slid
away from many of the provisions of their
charters, until those only remain in force
which compel passenger to pay his fare for
half an hour or an hours sufocation and
crushing with the alternative of being left on
the sidewalk. The companies have pitched
their profits at 50 high rate that in the
face of rapid transit they would seek to pre-
serve that rate by reducing the expenses and
leaving the public that would use their cars
no better off than before. 1t is plain mat
ter in regard to the horse cars. They take a
fare and offer in exchange 'the chance of a
seat" which during the hours of going to
and returning from business means one
chance in four, or as twenty-five is to seventy
seven, the number which Third avenue car
director likes to see on a car, with all its ac-
COMMITMENTS of unhealthiness discOurtesy
and indecency.
The New York herald., 1876-01-28

CoxTRADIcroRY REPORTS from the theatre
of the Herzegovinian rebellion make it very
difficult to say how the victory is turning.
On Tuesday the insurgents report that they
defeated three thousand five hundred Turks,
and Vienna despatch states that on
Wednesday the Turks swept the insurgents
before them. 1t might be possible to recon
cile these statements if we were certain they
did not refer to the same engagement.
Whether the Mussulmans were coming 70
the succor Of Trebigne or we're engaged in a
sortie thcrefrom is not plain from either re-
port. Another engagement, with Turkish
victory, is reported, which may be identical
rith that in the vienncse dospatch
The New York herald., 1876-01-28

THE RED SPECTRE is the weapon Of abso-
tutism in Germany and reactionism in
France, whereby timid legislators are fright
ened into placing fresh manacles upon free
thought and action. The majority in the
Reichstag, however, does not seem to have
been much terrified by Count Won Eulen-
burg's picture Of the coming Of ''the Red Re-
public with Communism and Atheism" for
they rejected the amendments to the Criminal
Code which Prince Bismarck has framed.
The New York herald., 1876-01-28
NEW YORK HERALD
BROADWAY AND ANN STREET.

JAMES GORDON BENNETT,
PROPRIETOR.
The New York herald., 1876-01-28

VOLUME xLI................................No. s8
The New York herald., 1876-01-28

BOwERY THEATRE.
UNCLE TOMS CABIN, at 8 T. NJ. Mrs q. c. Howard,
PARTISAN VARIETIES