New-York tribune., 1878-04-02

erly DONE was abundant to make the ship sea-
worthy. But the junction Of the new stun
with the old was made on an even line, anu
when the strain came, the timbers parted along
| that line. The report blames the ship-car-
penter who did this botch work, and the un-
derwriters agents who supervised it, but
thinks the Government inspectors excusable
! for not discovering the defect. The last Is
the weak spot in the report. as there appears
no good reason why the inspectors Dmiteu
their examination TO a portion OF the vessel,
and neglected to have the planking removed
along the line of the repairs.
PeonIe who have property to leave behind
! them will be glad to know that the right OF
testator to consult his own feelings instead OF
the wishes of his relatives, has been sustained
by the courts. The will of Samuel Downs
which showed marked favor to sOn-in-law,
and was contested on the ground OF the tesla
tors habitual drunkenness and also OF undue
influence" exerted upon him, has been adj
mitted to probate. Mr.. DOwnss habits were
undoubtedly bad, but the Surrogate finds that
he had sober intervals in which he was very
well aware what he was about; and
as for the charge of undue influence,
the Surrogate declines to establish the doc
trine that the testator cannot discriminate in his
will in favor OF person toward whom he en-
"tertained feeling of confidence" 1t Is
little curious that, although will Is for the
express purpose of allowing the testator to
say what his preferences are in the dlStrbu-
ton of his property, when he does express
preference ten 10 one it is cited as Il proof OF
mental imbecility. This decision Will encour-
ace people who are habitually sober to think
that they may have better luck than man
who was habitually otherwise, and to hope that
the fact of expressing opinions will not be
held to show that they were incapable OF hav-
Ing any.
Surely the ways of investigations in the In
terror Department are dark, and usually. like
the subject Of the inquiry, past finding out
Mr.. Schurz was not content with hlS Star
Chamber trial Of Commissioner John q.
Smith and Chief Clerk Galpm, but III his
search for somebody to accuse, and something
to expose, has been guilty OF trav-
esty on justice even more grOtesQue.
Fortunately, however, the issue of tins
affair is not to leave any officer under
unjust suspicion, or to remove any officer not
deserving OF CONDEMNATION, oub SlInpS w pun
the Secretary IN a most ludicrOus plight.
Having Predetermined that there was some
rascality in the Freedmen's Hospital in Wash
ingtOn, he formed a commission of department
employes to look into the matter. Evidently
To his disappointment, they found nothing
for when they had so reported the Secretary
formed another commission. this time of physi-
clans, and sent them out to see what they
could see. They saw nothing. and said so.
Then the dauntless Secretary began an inves-
tigation himself, but was interrupted by the
Senate, which had been moved TO take up the
matter also. The Senate committee began Its
labOrs without knowing of the two previous
inquiries. and reached the same result. With
the hospital three times vindicated 10y three
different tribunals, Mr.. Schuz gave up his
hunt for fraud. But the most serious feature
of the case has not yet been mentioned.
The Secretary suppressed the exculpatory re-
port of the physicians committee, and allowed
the hospital officials To rest under an Odium
which he knew they did not deserve, This
performance bears close resemblance to the
case of Commissioner Smith, and leaves Mr..
Schurz i'll very awkward position.