davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-09-23
COURT OF APPEALS.

ALBzST, sept. q, Io'U
In the Court OF Appeals, Tuesday, September %,
1876
No 260. The Produce Bank OF New York. appellants,
VS.. Joseph Morton ct al, respondents Argued by d.
J. Newland for appellant and T. Mosher Tor
spondents
No 26l. Gustavus Isaacs, appellant Vs. the New
York Plaster Works, respondent Submitted.
No 262 Hermans VS. Chaphe. Passed.
No. 263. Bruce vs.. Kelley. Passed
No 264 In re Fincke. Passed.
No 265. Pollock Schu,ze Passed
No 260. The Board Of Supervisors VS. Walter.
Passed.
Adjourned
COURT OF APPEALS CALENDAR
The day calendar for Monday, September 25 1876.
is as foows:-Nos. 267 27l, 272 275, 276, 277 27S,
ISL
The New York herald., 1876-09-23
COURT OF APPEALS CALENDAR.
UNITED STATES SUPREME COURT.
WASHINGTON 8

WASHINGTON, Sept %, 1879
COLLISION ON EAST RIvER--coxFLIcrISa rEsrr-
NoSY-A DIVISION OF DAMAGES AND costa
No. 2l9. The steam ferryboat America, her tackle,
&C., The Union Ferry Company, claimants, vs. The
Camden and Amboy Railroad transportation Com
pany-Appea from The Circuit Court for the Southern
district OF New York-sailing rules ordained to
prevent collisions between ships employed In navIga-
tion and to preserve lie and property embarked In
that perlous pursuit. and not to enable those whose
duty Il 10 to adopt II possible the necessary prccau.
tons to avoid such disaster, 10 determine how little
they can do in that direction without becoming
sponsibls for It's consequences In case II occura Ex
cept In special the sailing ship 10 required to
keep her where steamship Is approaching In
such drsolion Involve risk Of collision: but the
The New York herald., 1876-09-23
HERALD SATURDAY SEPTEMBER 2 SHEET

case given all the necessary power aud that the Mayor
and legislative department., AS recently existing, were
equally representative agents of the municipal body
Notwithstanding elected by the people and the
other appointed by the President IL s then held that
that the Board OF Public Works mere agency OF
the municipality for which the latter was responsible
Reversed
Mr.. Justice Hunt delivered the opinion Dissenting,
Justices Swayne, Field and Strong.
Nos. 81 ana IS disposed Of by the opinion IN this
cas
The New York herald., 1876-09-23
SEVENTH REGIMANr MANDAMUs


In February, 1876, George Perault was regularly
elected member OF company F, Seventh regiment,
OF this city. Ho continued private OF the company
until the Sth Of APRIL 1876, when. at meeting of the
company, he was expelled. The bylaws of the CON-
pany provided that the commandant when present
shall preside at all meetings, preserve and enforce
order and decide all questions In the absence Of the
commandant his duties devove upon the officer next
in rank appeared by the papers, and conceded
on the argument, that at the meeting in question
Captain q. Bird, then c0mmandant, called Lieu.
tenant Goodwin to the chair and spoke Of
expulsion and that Lieutenant Goodwin put tho mo.
ton to expc and declared 1t carried The case came
up yesterday before Judge Westbrook, In Supreme
Court, Chambers on an application for peremptory
man'lamus to reinstate Mr.. Perault. Mr. Henry h.
1oraDge, counsel for Perault, claimed that the
meeting was not lawful one; that Captain Bird beng
present had power to delegate his authorty that
the duties OF an Office which involve trust and con-
fdence cannot be transferred that special authority
must be strictly pursued; that 1t was not purely
mechanical duty, but one requiring the exercise OF
discretion and judgment; that when such authority
Is prescribed, and when in its exercise II operates
deprive party Of certain rights, the courts be
seduous IN combining It within the boundaries which
tho bylaws prescribe, and that the authority be
pursued with precision, whatever Is done will be
valid He therefore insisted that the captain
present ho should have presided and that the expul-
zion illegal, and peremptory mnndamv mvs should
for defendant argued that tho chair might be filed by
the next In rank, but the Court concurred with Mr.
Aorange and ordered peremptory mandamus rein
Stating Mr. Perault
The New York herald., 1876-09-23

RATES.
The charges for the OF this conpt will be fol
flows
FOR Is minutes or less. % cents
For than 10 minutes and not 40
minutes. oo cents
For than 30 minutes and not 40
minutes. .................,. 7J cents
! Fer more than 45 minutes and 60
orx1 per hour.
As the charge Tor the this Is based the
time engsrsd the fare il the whether occupied by
one or two passengers.
While the coupe Olsen gagged the driver di pay
Sthe sigi ITO Hire and the
the coupe the driver compelled pot down the sien
<when watch dial will appear. Tho charge will be il ;
accordance With the time Indicated this watch dial
SPRssengors will please see that the driver
<sIRIKxs ONCE EACH AND EVERY TWENTY )
These coupes bs aged ut all hours Of the day
NATIONAL CAB COMPANY
No S24 Filbert street.
The New York herald., 1876-09-23
THE COURTS.
Peculiar Suit Growing Out of a
Peculiar Chattel Mortgage.
Interesting to Members OF Militia
Regiments.
An Ayenging Nemesis After Post Office
Robbers.

for years prior to March, 1875 one Fritz voltz
carried on the business OF soda manufacturer
tho IL Clinton street. this city, but on the 29th
OF that month his place sold out by the Sheriff,
Philip Laun becoming the purchaser and thencetorth
continuing the business Laun was one Of the judg-
ment creditors in whose favor the sale had made
under execution but appears that previous such
sale voltz, the Judgment debtor, had gwen chatter
mortgage the property which included the appara.
tus. horses, wagons and bottles the premises tho
latter numbering about twenty gross On tho 17h Of
May following the sale Louis Cohen, attorney the
mortgage and marshal appeared on the premises
and demanded possession of the property under the
mortgage. This was refused, vo,z resisting and
drawing pistol until arrested by policeman, and the
property was then removed Vo.tz then commenced
suit in replevin for the recovery OF the properly
against Cohen and his associates, which yesterday
tried and disposed Of before Judge McAdam aud jury
in the Marpe Court Plaintiff alleged tho properly to
be valued at 81 900 and sought 10 that
or the property se the ground that the mortgage
under which defendants had taken possession was
vod upon us face as against Judgment creditor under
tho law as lad down in a case reported IN Keyes,
pages s0IiO9 New York Reports in that after describ
ing tho article morlgaged IL contains the additional
words-"and all other goods and chatteIs in and be-
longing TO said business there which may bc
there when this mortgage and payment thereof s
demanded" These words, 1t claimed behalf
of plaintiff constituted mortgage at least in part on
nucuat:ng stock; that it under the rule OF tho
case cited, and was void. Judge AcAdam, in render
ing his decision on this point, sad:-.The words re-
1erred TO do not necessarily make the void
a TO judgment creditors. They co not bring the
within the grounds OF objection sustained in ,he
case cited, because they do or imply an
agreement that tho stock should decrease increase
They do not authorize sale Of the mortgaged goods
by the mortgagor so as TO contemplate the Introduction
OF goods In the place OF those sold. There
is nothing from which 1t may be inferred
that the parties contemplated the idea of uctuating
or constantly changing stock. On the contrary, the
character OF the mortgaged stock rather rebuts
idea There is hing therefore, in the mortgage by
which judgment creditors could either be preudiced
or deceived" For the foregoing he held that
the mortgage was valid In law, aud furnished
pete protection TO the defendants for all done
under 1t in respect TO the morgsged property. 1t
appeared in testimony, however,, that there bot
ties taken by defendants in excess OF tho number
specified In the mortgage, and the Court
question of their value TO the jury, who found this
ground u verdict in favor OF plaintiff for S100.
The New York herald., 1876-09-23

act 16 Stat. at large, p 419 municipal corporation
in the exercise oil all lis duties, including those most
strictly local internal, s but department Of tho
State The Legislature may give II all the powers such
being Is capable OF receiving, making II miniature
State within its locality; again, may strip Of every
power, leaving IL corporation In nane only, and IT
may create aud rccreate these changes often II
chooses or IL may itself exercise directly within the
locality any or ali the powers usually committed to
municipality We do not regard It's acts as sometimes
those OF agency OF the STATE and at others those of
municipality, but that its character and nature re-
naming at all times the same, It Is great
small according as tho Legislature shall
extend or contract the sphere Of its action.
In bis work on municipal corporations lat section s3,
Judge Dillon says:"As the highways Of State, in
cIudipg streets in cities, are under tho paramount
and primary control OF the Legislature and as all
municipal powers derived from the Legislature IL
follows that the authority OF municipalities streets
tirely upon their charter or legislative enactmens
applicable TO them 1t Is usual In this country for the
Legislature TO confer upon municipal corporations
very cxensves powers In respect 10 streets and pubic
ways within their limits ana the uses 10 which they
may be Appropriated The authority to open care for,
regulate ana improve Streets taken connection with
the other powers usually granted give to municipal
porations all needed authority TO keep the streets free
from distractions and to prevent improper uses and
to ordan ordinances to that end" corporation can
act only by ITS agents servants This obvious truth
not imply that the acts must be done by inferior
subordinate agents. but the contrary, the higher
the authority OF me agent the more evident ia the re-
sponsbility Of the principal While State may bo
represented In various ways no ono will doubt that lis
act when declared through the means OF It's Lcgisa
turc or Governor, within their respective spheres,
is more cmpna'icaily obligatory upon It than when
made known through its inferior departments.
municipal corporation may act through its Mayor,
through its Common Council or its legislative depart
ment by whatever name called; its superintendent of
OF Public Works, provided the act 10 within
the province committed TO Its charge.
Nor in principle be OF the slightest consequence
By what means these several officers placed
their position whether they elected by the people
Of the municipality or appointed by the President or
governor The people are the recognised source OF all
authority State aud municipal and il 10 10 this author
ity Il come at last, whether Immediately or by
circuous procesA II s held that Conaress hA In this
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02
POISONED MATER.


Germs the People OF Brooklyn.
The family Oft gentleman named Cooper.
who keen hotel near the will .se OF Newtown,
Ia Queehs county, and adjoining the Itideewood
reservoir, have lately been taken sick with all
tie symptoms II sewerage poisoning, and their
Illness Is attributed 10 the frlghtful stencil
whch arises at times from that portion of the
lake IN the DeignOOrhood Of the hotel. Not far
distant from the hotel Is lamtblack fact ~,
owned by Patrick Lawrence and James Lyons.
These gentlemen have a contract for all the
garbage OF the New York hotels, which h irted
10 lnc factory every day. Atter being used in
the manufacture Of the lamphinck, the liquid
sun which remains Il drained on into tn rcscr-
NOir, where u gccuinulatss some times IN the
form Of scum on the surface of tue water. The
keeper Of the ltidcaw0od lake is frequently
Obliged TO collect ana remove this scum.
Complaints have frequently been made bv the
residents uf Newtown against Messrs. LYONS K
Lawrence Tor allowing the refuse Of their factO-
~ To be- drained on into reservoir, the water
of W len Il ne main supply IF city of half a
million inhabitants, not t. speak OF the NUS
Hhce to the people residing In the neighbour
hood. Up To the present no action h r been ta-
ken by the Queens county authorities and some
of the prominent men cont mplate an appeal to
the courts. The water Of the Rdgewood Tcser-
NOir is drank every day by every man, woman,
and child in BROOKLYN. Several persons resid-
ine In Mr. Coopor's hotel have been stricken
down, besides himself aud his family
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02

Near dawn yesterday Thomas Murphy
ofI1ighi street and two friends drank In Mathew
Llrkin's cellar barroom at Hudson md West
Tenth streets and Murphy proposed that they
should throw the dice for another round Of
drinks The barkeeper, Thorn " Lu.in, the pro-
pretuTs brother lost. an latter the drinks were
disposed OF he asked payment for them. some
hasty words were spoken. and Murphy friends
went ont Of the barroom. Murphy followed
them TO the door, but, heading sound behind
MN, turned, in time to dodge tumbler
that had been thrown at his head by
the harkeeper Murphy was again about
to 90 out, but Mathew Lardn ran from an inner
room, armed with carving knife, and gashed
MnrDhy's head IN three places b hind the loft
ear, and, when Murphy faced him. eit his face
almost from the left ear tn the base of the nose
soon aiterward Ohcer Quinn, finding Murphy
UNCONSCIOUS on the sidewalk. took him to the
Charles street police station. aud an abundance
bore MN thence 20 Bellevue Hospital. Mathew
ana Thomas Lnrkin were arrested, and Mathew
l.arkin was committed TO the Tumbs by Justice
kilbreth. Thomas was fined $40 for disorderly
conduct, there being no evidence connecting
him with his brother In the numerous assault
Cant. Kennedy says that some time ago lie
asked the Excise Commissioners to withhold a
license to sell liquor from Mathew Larkin, know.
ing him to DO a dangerous man.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02
Content. OF tae Weekiy san.
TnF WEEKLY SLY publlshel this mOrnlng CO

tains thc following;
Tho Forry.,ourih Congrcss-rhe Centennial Appro-
prilt ANALYSIS OF tit NO ~ the House lil b4t. un
the Milltall Academy Bi-P is7t,e OF the Presumption
iDuler ..d hlh BY the SeAate-ln on the %
IS lGs-Dlsirlct luNttiealipu-Inc New IhlH Dill
Oh ise n the Presidential ferm. The NhlsKcy trauds
tpuNic iuL OF Mcksc-iiaDcockn Approaching Trial;
A Colorado Specimen OF tir Ornaments OF Grants
CNil SuTvlce-A Territorial Carpet iaggrr'H Luck
bVechers New far.huner A Glunpsr Into tue Future
what Strange Thugs II Reveals Tue scandal Con,
kD.coe tonkhuc Elections IN Frunce-Ihc Nes sen
Dreadful Persecution OF Christians by TIE Iurks
The DEAN lcualti In Iowa Blrglirr az Work again
SuccttHful Robbery OF N l6sachusctts H1uk-lArge
Amount Of Funds Ab'ifactcd; the Ira Of Peace Mas
eacnureit, ana N5.iAll g. sp1tS Hsuls b4il r;sht
TO nltaie The Prince Of Males's linden lour-At the
Towers OF silence; NoTtn Carolina Pjhuce-Ihe
TrcgcAlrons All Corrupt Democratic La ler,; unor
tAoiox LondIn-sAttch OF some Emlpeni Preachers
sierra sad and Romgutiu story Historical Iiupos.
lurcs-An Account II some Prctcldcd Mes-i.hs; The
Magcf4 ms Of lndia-1h Their sLtrtng Performances 4
Land Of VueYArls-Prugrers Made IN the Manufacture
OF Native Mines-One Oi the Most Promising Industries
Of California; The k1cA.ations Of Ohmpa-Brineing
on ,iuliaI. Poem, The --latest 1ecgrapnic Newsi
l.idics Department Notes OF Science and Industry
MANY Col inns oi Editorial Articles and Agricultural
Natter StoryLa Madonna de Rosario Financial In-
telngence and Markets.
Tue WEEKLY Sun contains a complete epitome OF the
news OF the week from all parts OF the Uned states
and the American continent. Copies N wrappers ready
formang 10 the old couatry may be had at the desk
Of our publication once. Price four cents For sale
by ali news dec lers 10 city and country.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02
Con. Meip.,r NII..Ion to Europe.

WAsHISGToN, Feb. l. he Secretary n War
has replied 20 the uouse resolution calling for copies Of
the orders and Instructions Ter which Qaart"rmaster
General ha.gs actin during his absence from the Uni
ted States, from ~h'''' eppear' the President directed
that Gen, Meigs pr'e,ad Europe upon special ser
wee IA iuSpecuI( and reporting upon foreign armee.
lie was allowed eighteen months " this purpose from
the lst OF June last II VAS expected that ne should
make the stan departments the subj CT OF his lnvest
gallons. particularly the Qn1rtcrrasters Depar Inent
aud make such suggestions dnd fecome ndatOnH ia
his juigment might be OF value In adding 10 the
Efficiency Of the United States army. lie allowed
tue full pGy and allowance Of BrigadieT General In.
elusive OF iue aud qulrers; also actual expenses ~
travel and hotel bile! lie waf accompanied by an aid.
decamp with full pay and allowance, anu also quar-.
all L a aN
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02
What an AldermRnic Investigation is Expos
luz Across the River.

In the investigation into the affairs Of the
BROOKLYN Department OF city Works. q. d. Br,inerd
Assistant Engineer testified that Water Puryeyor
Rhoce- IN the habit Of Lying pine IN private
tabshmcnts, which vork WIS superutendcd by the
with So who drew paw Tor II from Tie city. sometimes
the pipe placed IA priyat estoiis menis was ta,en
from thu Citya ripe yard The wrrr-s pad tnrcr r
cent Of his - 500 salary Tor polch i.ses.nen Cu-
iestihe that Pu'ycyor hh6do. had private Jobs, ana
wtnoss lad hauled pipe from the city pipe ward 60 n
places. He a. paid by The Board OF tty works, and
not out OF the pocet OF Mr. Rhodes he had ined
Nor was there any deLt elton tor the ume that did
her 81 lustances for Mr. Rnpdess hcnea;. hr Rhodes
had much rep4lrlae dole AZ e repalr yaras Of Ae eN
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02

What may bc Made u PreteNt for Increasing
the Price of Luxury NcNt summer.

What may bc Made PrctcNt for Increasing
the Price of IA Luxury NcNi summer.
An army OF men with ample supplies Of
material fNrice hgryestingis waiting on the banks
Of the Hudson. and that army has been wating
since the early cold snap in November last. the
earliest on record. Then skim Of ice covered
the river, and aftera few DAYS kilograms were
flashed from the employed to the employer an
nouucing that the ice was FIVE. then six, then
seven inches thick. Three inches more would
have been sufficient to make the work safe for
the men, horses. and machinery for Ice gather
ing. but the ice vision dissolved like any other
frost would under melting sun. on the 9Th OF
January an ice barge brought its load 20 this
city, thereby bearing testimony to a condition
of navigation on the Hudson that had no par
alcl. In some Of the coves and on some Of the
lakes there IS ETH surface Of soft ice Of sew
orul inches thickness which a few DAYS of very
cold weather might make harvesMhle.
Mr. Robert Maclay OF the knickerhocker Ice
Company takes a hopeful view OF the future
His COMPANY has storage room for about loo
OaO tons. and has on hand not more than ten
per cent Of is old stock. In ISL the ice men
could not begin their wo-A until February, but
they gathered enough n sunply their trade with
the assistance uf some importation from Maine
In lcii tic ice was not irD zen T. the required
thickness until February 10. Then cold
snap came and es'ed long enough 10
iii the houses thIee quarters full Mr.. Maciay
never begins to despair Of harvesting on the
Hudson until zen. ~ ana as the WFkiirn ana
machinery II his company are sufficiently con-
centr ted TO III the stor-houses In ten uays. the
cold that we may reasonably ex Get In February
will give his Ice company an abundant stock.
The cont any has stOrcnOuses on the Eennebec
river, and this year the cauacity Of those ice
houses has teen Increased To 2d(s0 TONS.
About athtfd OF TIE Ice consumed In this city
Il supplied bV the Consumers md National
Companies aud one or two private firms that
have been able to maint sin their trade desuite
the greater facilities OF the old companies Mr..
stephen Colgate. secsctary Of the tnu.lu."rs
loo NHlNlf p
aged bv tine utnsD-ct. lie FaNs int with even
very cold weather It will take fwO weeks To r-t
the lie thick enough. rud then four on i've
weeks to gather ANYTHING Ike q rnti factory
| quantity. This would carry tae work lar into
The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-02
DIED.

LlNDsAY.-At Edinburgh Scotland, on Tuesday.
Jan II, Helen, widow Of the late Robert LnislY IA he
7Sd wear Of b. age.
FunorH TO take place from the fast Baptist G. orch
tDr Reads of 9th ana South 5th st., wa iahS
bur h. Tnursd 80 Fen. 8, az - O'Clock The ifirntS
OF the family are respectfully invited ~ attend.
LENlsON,-On Mond - morning. John LeyisoD Aaed
90 year,, month, aud % dfvs,
The relatives ana friends ~ The fnmily are Tesncctfuly
invited attend the funeral from ms late residence.
No 9ui West f2d ~ on cones ay. fes Z. al uclncA.
LOOMls.-O1 luesdhy, Mrs. Mary A. Looms IA tbs
22u year " hcrase.
Funeral from ne residence ~ her mother, Mr. nee,
No, ~ y run Elliott place, Brooklyn, On Ihursdsy Zen.
3, ate +. N.
O'CON NOR.-On Tuesday. Fob. /, Margaret Agnes
O'Conuor. beloved wiie Of John O conner.
The relatives and flsnu- Of the Riulli arc respect
fully invited 20 attend the funeral Thursday morn
ns 10 O'clock fom hr late residence 400 cast eSth
81 thence Josepi's Church, fnHl S7h ST., where
solemn requiem Win be offered for he repOse 0f
her Elul.
TAGGART-on FEB J, John raggart, aged e? wears
The friends OF the family are invited to attend his fu
neral from the re iaence of his brother A Broot It.
on THURSDAY, nj o'clock
WILSON, On Tuesday FEB. l, OF apoplexy, sarah Z.
Wilson, the 18TH year OF her age,
The relatives and triends OF the family rFpect-
fully invited attend Tue funeral from the residence
her son Henry X. Milgyn, 6bS warren st. Brooklyn On
THURSDAY, Feb 8, at2 Z. NJ.