davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-12-23
THE COURTS.
The Toledo, Wabash and Western Rail
road Company.
CONTROvERTED CONVERTIBLE BONDS
Judge Davis Refuses to Mandamus the
Company.
THE AQUA-LACTEAL CASE.

In pursuance OF tho order TO show granted
several days since against the directors OF the Toledo
Wabash and Western Railroad, the defendants ap-
peared by counsel before Judge Davis, in Supreme
Court Chambers, yesterday The order directs the dc
tendants TO show cause why pcremptory mandamus
should not issue to compel them to hold
Of the bonds OF the old Toledo and Wabash road
and in exchange therefor, convertible bonds OF
equal amount Of tho consolidated corporation.
The amount OF the bonds involved in the proceedings
Ia about 5000, 900, and the grounds on which tho
change is sought to oe enforced forth In plain
this petition, have already appeared exclu
sively the HERALD The argument in the
took place yesterday before Judge Davis, in Su-
preme Court, Chambers OF course in proceeding OF
this magnitude against large railroad corporation
there was muitplicty OF lawyers. Messrs. H. ;.
Bennett and Charles W. Hasscr appearing tor the pet
tioner, Mr. Frederick A. Lane Tor certain the equip
ment bondholders, Mr. Thatcher ~ Adams Tor the
railroad company ana Nessrs James l. Jcssup and
Henry NJ. Crawford Tor the trustees
After The papers had been read on both sides and
Mr. Bennett had explained the nature and scope OF the
petition Mr. Crawford entered the opening argu-
ment He insisted that the Consolidated Railroad
Company not responsible for the payment OF
the equipment bonds because the defendants prop
crty Is different, Its directors different and
tho stockholders different MIR. Jessup followed
with lengthy argument on behalf OF tho
trustees insisting that in respect them the petition
should have no force Mr. Bennett next spoke at
length giving the legal grounds upon which he claimed
The prayer OF the petitioners should be granted. He
claimed that change OF the Board OF Directors could
In way affect the case that such change did do
lway with previous liabites that from year to year
they had been promised an exchange OF these bonds;
that they had waited long enough time for the iul
hlment OF such promise, and that their rights being
imperllled such promise should now be enforced by
the Court, especially as only the discharge OF simple
ministerial duty was required. Alter some OF tho
counsel had spoken on the subject Judge Davis
promptly gave his decision, refusing to grant the
damus He stated that thev should have brought an
equitable action and not sought remedy through
mandamus
The New York herald., 1876-12-23
NEW YORK HERALD, SATURDAY, DECEMBER 2s 1876.

second cabe-and with the assistance already guaran-
teed from London So 00o, 900 raised here would DO
ample for the purpose-then joint working arrange
ment could at once be entered into with the Direct
and having two cables, all fear OF future re-eslab-
lishrrent OF the monopoly would be at an end
CENT DIVIDENDS.
s'What would be the profits OF such an enterpriseY
ssIf the other cable would do the same business we
do land there Is no why IL should no II would
earn ESQ 900 q year, and as the working expenses
could easily be reduced 10 ESQ 900 year lonly one re-
pairing ship and one working being necessary for
the joint company fl50 000 would be neted, or div
dend OF fifteen per cent upon the stock"
Mr.. 0iphant in conclusion, gave some interesting
facts and Ggures regarding the business OF the Direct
The receipts for the week ending the 10Th OF December
were f3 S5O or 371 per cent Of those Of the Anglo;
while the receipts for the previous week. ending De-
ccmber g. f3.571, or 36 per cent of the Anglo
The Direct now averages about 500 messages day.
Messages have been delivered 10 London IN as short
space OF time four minutes, and once message
from Wall street banking house was delivered at the
London Stock Exchange. the commission there exc
cuted and the answer returned 10 New \ ork all IN
thirteen minutes Such the narvels OF modern
cabling
The New York herald., 1876-12-23
CLOSING THE SCHOOLS.

The usual Christmas vacation In tho public schools
commenced yesterday and Will continue until Tuesday
January =, 1871 At least no. 900 children all residents
OF the city, thus released from their daily studes
and an opportunity is Afforded them OF fully enjoying
themselves during the holidays
The young ladies attending the Normal College gave
their Christmas entertainment yesterday morning in
the chapel or assembly room OF the college. There
was large number OF visitors present The exercises
consisted oi chant reading from the scriptures, n
hymn sung by the whole college, recitation OF tho
'ioung Gray Head" by Mss Nellie Grant, avocal
duet aud an essay on '.The Old and tho New Year.
The closing exercises OF ST Johns School, Trinity
parish, g. b. HcndrIckson, principal, were held yes
terday tho Rev William II. Cooke prcsiainq. Prizes
were awarded TO Ezra Harwood, George Morgan and
James H. Burby. The school, which Is situated ut No
30 Narick street, is entirely Tree.
The large room OF Grammar School No. 90 in the
female department, First ward, throngcd yestcr-
day BY the parents and friends OF the pupils the
SION beng the holiday reception OF the school, The
programme was long and varied and nersperscd with
rcclta.ionS, songs, Quotat and
The New York herald., 1876-12-23
DECISIONS.
SUPREME CoURT-cHAMBErs
Ry judge DAVIS


By Judge DAVIS.
Matter OF Mauder. Granted.
Wilson VS.. .O'kee(e.-Motion denied.
Jordan Crosby and Mclean VS. Heald. M otions
granted.
Beekman vs. hcMullcn and Marsh vs. Marsh
Orsers granted
Shepard va Shepard.-I wish to sec plaintiffs coun-
seL
Patrick VS. Parick.-Moion granted; plaintiff
ordered 10 pay to defendants attorney S5 expenses
and IS per week to defendant pending the SUIT,
penscs 10 be paid In ten days ana alimony
weeks, commencing from The beginning Of this action.
Minion VS. MInton--Thc referee should not have
taken the testimony OF plainiir N relation to
alleged adultery OF defendant, all that part Of her
dence must be strkcn out as incompetent and m-
proper. and the referee must report the oher
dence that subject. The report may be sent back
TO the referee for such correction, and his report
tho evidence after such correction is made.
SUPREME couRT--spr CIAL TERN.
BY Judge Barrett.
Bros and another VI. Dcyn ct all think an
allowance ol $3.50 would be iair and reasonable Tho
and the adjusted should bo paid before
the conrme ncement OF the January tcrm-say
before December so. 1876.
The Impo and Traders Bank VS.. Kohn ct al
Leave granted, aud motion granted ior irst
Friday IN January
MAXINE COURT CHAMBERS.
By Judge Sinuott
Easser VS. Boneckel. Richardson VS.. Fobos; In tho
matter Of Joseph Parker; Bonnet Va Ross; Ahern vs.
The New York herald., 1876-12-23
------------------
THE BROOKLYN BRIDGE.

A COMMITTEE OF ENGINEERS TO INVESTIGATE
MR.. HILLS sTATEMENTs-MoRE FLAWS
HINTED AT.
The trustees OF tho Brooklyn Bridge Company arc
at last awakening 10 the fact that neccs-
sary the charges preferred by Mr.. Hill and indorscd
by Professor vinlon AT first they rather rdculed tho
idea and determined to keep strict silence, but nnd
Ing that the statements first made substantated
by figures they concluded TO prepare answer.
The question was very freely discussed yesterday
afternoon and rumors OF all kinds Tying arou nd
respecting the action that the trustees in
tended TO take. gentleman with whom the
HERALD reporter held short conversation
stated that he was certain the trustees would
have the matter thoroughly investigated. OF
thor engineers had gone over Mr.. hlls igurcs aud
slated that there doubt they correct, but
he added that he ancied Mr.. Hill Of tho
peculiar circumstances under which the specifications
had been draw u, and therefore his promises were
think II very strange that the Bridge Company had
taken no action in the matter, as such statements APP
pearng in PRINT unanswered wcrc likely TO create a
lack oil confidence IN the stability OF the work
beng carried IL was reported, however, that the
trustees had decided have specifications ana Mr..
Hiliis charges thoroughly investigated by board OF
three engineers be selected tho competent
and unbiased men the country Ii such action Is
taken IL Will al once relieve the public mind as they
will then be satisfied that such great work that of
the Brooklyn Bridge is not beng sacrificed TO tho in
teresis Of private individuals. A HERALD reporter
called yesterday afternoon upon Mr. HIl and the fol
lowing conversation eusued:-
.Can you give any Information, Mr.. Hill, in re-
has spoken iavorablyy'
sI must decline To be interviewed any further upon
any subject connected with the Brooklyn Bridge, as
consider until my lirst statements nave been an
swcred 1t would bo unwsc cr mo to proceed any fur
ther.n
"fhcn have not yet completed tho charges that
you have to make against tho speciicat lions? ~
Il have not mace any charges that know Of, as
have simply pointed out some errors, ana wish
II understood that have finished my Investigations,
rs, in fact, they are only commenced.o
"What 40 you think Of the proposal OF the trustees
to have the matter investigated by board OF en-
gincersr"
"rhev could not have proposed anything that would
have suited me better and can only suggest that they
be careful IN nominating engineers OF standing aud
rcputaton whose statements would satisfy tho general
public"
Would you like to be member OF that commttcc?',
THAT must decline TO answer. All ask, II am
70 be judged, is committee OF competent Judges"
"Wlll you make any further statements about the
Specifications? ?"
81 would rather not NJ present. but " tho trustees
appoint committee 10 investigate the question
should like TO offer Tor their consideration pamphlcy
containing exhaustive argument the entire qucs
tonp
"Can you not give me Information in regard 10
Bessemcr steel3p
~ prefer 10 say nothing moro at presenl
The New York herald., 1876-12-23
"THE SWEET GIRL UNDERGRADU-
ATES."

In accordance with the annual custom OF Rutgers
College, the freshman and sophomore classes gave a
joint entertainment their friends yesterday, the
nnal day OF tho college year. The young ladies dis
played great taste in the decoration Of the college
chapel, in which tho exercises were held. and when
hllcd with their well pleased friends II presented a
most lively and agreeable appearance. The exercises
were OF very entertaining nature consisting chiefly
literally intersperscd with musical performances, both
vocal and Instrumental.
The New York herald., 1876-12-23

Aronson Friedman Kennedy; Diossy McDcvitt !;
Joney Brown; Kocmer VS. Anderson; Somborn VS..
Mcrtiing Orders granted.
Bennett VS.. smih.-Mr. Charles A. Jackson, re-
ceiyer
Schwartz VS.. Oppold. Motion granted.
Motion granted
Hupne~ell VS. Gicaune.-Proceedings gs discontinue
Gibson VIZ. Voken Ing. --Receiver's bond approved.
Edison Smith; Van BusKirk smith.-Motions
denied, with $40 costs.
Shick va Harlman-Motion granted.
BY Judge AlkeE
Hartman kustcr; Ferguson VS.. Duny.-Moton
for new lrlai on minutes denied.
BY Judge Goepp.
Baker Webb; Fuchs Schmidt; Stcllcr VS..
Smith. Gases settled and filed.
The New York herald., 1876-12-23
HIS TWO FANN-CIES.

The two wives OF George NJ. Fam appeared against
him at the Filtyscventh Street Court yesterday, and
a complaint OF b'gamy having been subscribed 10 by
them lie committed ior trai at the General Scs-
sons in default OF 81 900 bail lie did not deny hav
ing been married to Helena Bohn but she having lett
him years ago and married again he thought
he was justified in taxing unto himself partner Tho
would not run away. Mfs Fam No said ho did not
state the truth when he SAID sno was married 10 an
other, and the Court believed her.
The New York herald., 1876-12-23
ALABAMA CLAIMS.
JUDGMENTS RENDERED by THE COURT OF CON-


JUDGMENTS RENDERED by THE COURT OF COM
MIsSIONERs.
WASHINGTON, Dec %, 1875
In tho Court OF the Comm lssioners OF Alabama
Claims to-day the following judgments Tor the loss OF
personal effects, &c, by tho destruction OF various
vessels, were announccd:-
No. ISIS Antoine Daniel Spanishtown, Cal, 81, 100
No. 1.67S. Andrew Smith, New York city, $500.
No !, ,7S3 William A. Godfrey, San Francisco, Cal,
5000
No. 1872. Peter Lcary New York city, dismissed.
No. l,742. Patrick Leary administrator, New York
city, dismissed.
No l, ,449 Domingos Francisco, Vallejo, Cal. Orig
nal judgment vacated and new judgment entered Tor
$500.
No 721 Charles Peters, Bangor, Me-, for loss Of
chronometer by tho destruction Of the Dunkrk by the
Alabama. Judgment rcndored for $3.50
The New York herald., 1876-12-23
GREEN'S OLD CLOTHES.

statement comes from tho Finance Department
relative to The satisfaction OF number Of judgments
against the city by Comptroller Kelly According to
III statement the following appear be the acts IN
the case:-Thc number OF judgments IN the published
list niiy-eght amounting TO Sl7l 100 All these Jude-
ments were obtained before Comptroller Kelly came
into ofce The warrants To pay thirty eight OF the
judgments were signed by Comptroller Green. They
amounted TO Sl37, Cos Twenty OF them amounting TO
$33 521, were signed by Comptroller Kelly, and paid
under the advice OF the Counsel the Corporation
and upon his express opinion that 10 further litigation
Cnnld nreYcnL iuolr set Ilemcni
The New York herald., 1876-12-23

Tho New York Infant Asylum has just received the
muninccnt bequcss OF So, 600 from X. Garrison in
memory OF the late Mrs Q. K Garrison, the 1rsL d.
rectress Of the institution.
The New York herald., 1876-12-23
RAILROAD ELECTION.

Mr. Samuel Sloan has been elected President Of ths
Rome. watertown and Ogdcnsburg Railroad oy the
Board OF Directors
The New York herald., 1876-12-23
PAYING THE INSPECTORS.

rho paymascr IN tho Comptrollcr's Office was yes
icrday busily engaged in paying of the inspectors Of
The New York herald., 1876-12-23

CooPER-FowLER Thursday, December 81, BY
the Right Rev. A. N. Liltlejohn, Bishop of Long
Island DUDLEY COOPER MATILDA C. FOWLER, both
OF Brooklyn.
JoHSsoS-BESEDIcr.-- Thursday, December 81, At
the residence OF the brides parents, by the Rev.
Henry Ward Beecher, CHARLES Il. JOHNSON OF New
York, TO FLORENCE A.. daughter Of X. s. Benedict,
Esq, Of Brooklyn
NAsn--CARMoDY-O Thursday, December 21, 1876.
RICHARD NASH, OF Brooklyn, N y, TO MAGGK A.
CARMoDy Of New York.
WILLIAMs-GREESfIELD On wednesday, December
90 at Christ ch urch East Orange, NJ j., by Rev. H. s..
Bishop CHARLES STANLEY WILLIAMS, Of North Jud.
son. Ind. to MAY. daughter OF the ateJames H. Green.
field, OF New York
The New York herald., 1876-12-23
MARRIAGES AND DEATHS.
BIRTH.

srovEI.-At ia East 10th ST., New York, Mrs. Z
SrovEL OF a daughter
London papers please copy
The New York herald., 1876-12-23


Funeral will take place, at two p. NJ, from ST.
Stephens church, corner Hicks and Carroll sts. on
Saturday, December %, 1885, where solemn requiem
mass Will be performed ~ hafpast nine A. NJ Tho
relatives and friends OF the family are respectfully in
sPkIR.-on Friday. December %. after shor. III.
ness Miss KATE II. SPER.
The relatives and friends of the family are respect
fully invited TO attend the funeral from the resldencs
OF her brother Frank v. Speir No. 10 varick place.
sunday at two O'Clock
SToNE-On Friday, December %, 1876, BRIDGET
widow OF William Stone, OF county westmcath, Ire,
land, IN the seth year of her age.
The relatives and friends OF the family are respect
fully invited TO attend tho funeral from her late resi-
dcnce, No. 457 4th av, on sunday, December "a, ai
o'clock r. NJ.
USpERnLr-On Wednesday, December % I.xps
w. USpERHILL, in the 50th year OF bis age
Relatives and friends are invited 10 attend the
funeral at tho residence OF his falhor n law, John
Bod;ne, at Ravenswood, L. l., on Saturday, 23d inst
O'Clock N. Carriages will be in attcndance
Thrty-ourth street ferry, Huntors Point side from
eleven TO a quarter 10 twelve A. N.
voS DoHLEx--At Mount Vernon Vos,chesto,
county, N r., on December 20, OF pneumonia, The.
DoRE only son OF Theaorc and Minnie Won Dohlen.
aged years, 0 months and days
Relatives and friends respectfully invited N o,,cns
tho funeral, on sunday, December ~ at one o,cscr
from tho residence of L. MarceIIus, $50 Vhroop av
wnEELkR.-On the soth November. at Dover Kent
England, NARY WIyIRRED Melville WHEELER. inian,
daughter OF Godfrey and Mary Elizabeth WheoIer oi
London, and granddaughter of Henry G. Wheeler OF
Brooklyn, N. X "
wnlI4ns.-on Friday, December %, 1876, MAR.
GAREr j., daughter OF James Williams of heart dis
ease, aged - years.
Relatives and friends are invited to attend the fu
neral, from the Central Baptist church s2d st be
tween 7th and sth avs, on Sunday Al one o,c'ocS
Remains will be inferred in woodlawn Cemererv
:, WinE-on Thursday, 2lst inst, at his residence
his age - -
Relatives and friends of the family are invited 10 a.
tend his funeral at the Reformed church
18th St. between 6tn and 7h avs, New York on Sstur.
l-aays z3d insta ~ one r ~
The New York herald., 1876-12-23
A CHARITABLE BEQUEST.

r 10 say nothing moro at present. ;
National Republican., 1876-10-28
WHAT TO EXPECT.

Mr r. NJ. T. Hunter in his letter writ
ten in 1873, and republished in the
NATIONAL REPUBLIcAS of Thursday,
tells Us exactly what to expect in the
event the Democratic party shall succeed
in obtaining complete control of the
National Government. 1t was cardinal
doctrine of that party that property in man
was as sacred as property in land. This
doctrine was taught by Democratic ora
tors and newspapers, enunciated in Demo
cratic platforms, announced from the high
est judicial tribunals by Democratic jud yes,
and even incorporated in treaties made by
Democrats with foreign countries; for the
treaty of Paris, by which the Territory of
Louisiana was transferred by France to
the, United States, recognizes n o difference
between property in land and slaves. :"
Nr. Hunter in his letter written in 1878,
with all the results Of the terrific, but un-
availing struggle to maintain slavery be-
fore him, with the opinion of the entire
civilization of the world against him, de-
liberately reasserts this doctrine in its
most odious form. He goes further. de
declares that neither the Stste nor the
National Government, nor both usited,
can deprive the individual citizen OF hi'
properly in slaves without providing f1l
his compensation. This is the Demo
cratic doctrine of to-day. 1t is the Ole
idea of State rights and individual liberty
in the fullest sense of the term. 1t is the
same false and execrable plea for indivld
usl liberty, that denies the right of ths
State to provide for and insist that TIT
National Republican., 1876-10-28

We ARE in grave doubts as to whether
tie most reverend the Catholic Bishop of
Charleston and South Carolina read the re-
cent letter TO which his name is appended
before he affixed his signature thersto.
The letter is dated at Charleston, S. c., oc.
tober ej, addressed to the people of the Uni
ted States, and begins thus: "Well founded
apprehensions that the civilization Of our
State is in danger of being utterly over
thrown, and an overwhelming sense of
duty to ourselves and posterity,' - &c.
We can understand what the other clergy
mean by the phrase ourselves and pos
terity," each man speaking for himself and
all in a body, bu! when the most reverend
Catholic Bishop uses such language what
are we to think? A reverend Catholic
Bishop speaking for himself and posterity
Surely the civilization of the Sta.e is in
danger" and the Church and morality
also, when q reverend Bishop of the
ancient Church OF Rome rushes into po-
Iiticsl conflict in the public press and
speaks for himself and pOsterity! Now, if
as Sir Boyle Roche once said, it was the
posterity that came before, and not the
.posterity that came after, then we accept
the amendment. Otherwise We cannot be-
lieVe the Bishop signed that letter or
read it.
National Republican., 1876-10-28
IFor the National Republican. ]
Propaiss VI. performance

II is remark of Shakespeare, the great
Judge Of life and character, that aTo promise
is most courtly and fashionable, the very air
and body of the time: performances is kind Of
WIN or testament, that argues great sickness in
his Judgment who makes IT," The recent
promise of the Democratic candidate for the
Presidency to prevent n elected, far as In his
power, by veto or otherwise, any payment OF
the rebel debt or rebel claims against the Gov
ernment, is rendered suspicious by the lateness
of the time Of its being made-too late to have
any general circulation st the South, where II
might work to his material injury But, al
lowing present sincerity in the promise, who
believes that Mr.. TideB, II elected by the
Southern States-as he must be, IL elected NJ
all l-can keep his promise and live Ii the
constitutional provisions against such payment
cannot be virtually nullifed by the scheming
and eircumyenting suggestions OF X. nj. II.
Hunter and other even more determined rebels,
Tilhen,s life, in order to effect the desired OBJ
jects, might readily be the sacrifice for any per-
sistent recreancy to his party obligations. The
offending head being cut OF, the party could
hopefully fall back on It's substituted Vice,
who Ghss made no pledges to Interfere with
rebel claims or claimants, and who, nom his
Southern sympathies and affiliations, will not
be likely to make any. Anold Democrat has just
remarked that 1t would not be year before
Tilden's lie would be taken By an infuriated
South, In case, being elected by them, be should
dsre to thwart their plans and prevent their
accomplishing their manifest purposes OF
plunder and'of power. -. - q: L.
National Republican., 1876-10-28

State can and ought to provide educational
privileges for all the children Of the
country. The logical sequence Of this
idea, enunciated by Mr.. Hunter. is under
stood by every Democrat Of the South, and
that is just what he expressed. that the
National Government must compensate
/" the slave-owners for The loss or their
slaves" Dir. Tilden, in, his desperate
attempt to catch Northern votes. says II,
elected President, he will veto any meas
ure providing for such compensation. But
he is very careful not to say that such
claims are Illegal. He never once denies
but what they may be collected in the
courts of the country, as provided for in
the bills introducedin the last session of
the House of Representatives by Messrs.
Wiltshire, of Arkansas, and Riddle, of Ten
nessee. These bills provide the manner
in which such claims may be collected BY
law, and "the great Sham knows that
his friends-the ex-Confederstes-are pre-
pairing, If they obtain power, to secure the
payment for their emancipated slaves
through the machinery Of the courts. The
letter of Governor Tilden is bid to secure
Northern votes. The letter of Mr.. Hun
ter is the frank expression of what the
Democrats hope and expect should they
obtain power. The people of the North
must understand tie Banquet to which
they are invited by the eI-Confederates.
Besides all claims for losses Of other prop
erty, amounting to over $4,000. 900, ,0oO
they are expected to pay for four millions
of emancipated slaves, the average value
at the beginning of the war being one
thousand dollars each, aggregating total
of 81, 900, 900. 900. Let them reflect upon
National Republican., 1876-10-28
NEssRs. COOPER AND CAREY have i.

BfEssRs. COOPER AND CAREY have is
sued an address to the Independent voters
OF the country, in which they urge in
effect that Republicans throw away their
votes. trusting to the future to demonstrate
what wise and faithful public servants
these two worthless would have made had
the PEOPLE elected them. Certainly every
opponent of Democracy can see the shall
Iowness of the covering with which it is
attempted TO Iide this Democratic expe-
d,eLt. The mildness with which they set
forth hat the Democratic party 'fhas no
fixed policy when the challenge to show
ary good act of that party in the past
twenty years stauds unaccepted, is very
remarkable, and when the payment of rebel
Claims has been openly avowed by their
Iesdcrs in the South, where all the Demo-
cratic strength lies. it is certainly astouish-
ing Should Tidea he elected and the in
dependent voters taxed to pay these claims,
they may not have so high an opinion OF
tie wisdom and craftsmanship OF these
gentlemen .-..