davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
The Taxes on Mortgaged Real Estate.

The bill which has just passed the State
Senate for apportioning the taxes on mort
gagged real estate between mortgagors and
mortgagccs does not seem to be intended To
have any other practical effect than to par
TALLY repeal the Usury law One section
OF 1t provides that the mortgagor may de-
duct the amount of his mortgage from the
value of his property, and pay taxes only on
the remainder, leaving the tax on the amount
represented by the mortgage To be collected
from the MORTGAGE. Another section, how
ever, authorizes mortgagors to assume pay
mcnt of the tax by special agreement, and
still another excmpts corporations from its
provisions altogether As nlne-tcnths of
the mortgages In the State are held by cor
porations, such as savings banks and life
Insurance. fire insurance and trust com
panies, and as no indy idual lending money
on mortgage would be likely to omit to stip-
ulate that the borrower should pay the tax,
the only result OF tho law will be that lend
ers on mortgage will get their taxes paid in
addition TO their interest.
Theoretically Justice requires that the
holder OF n mortgage should divide the
burden OF taxation upon the mortgaged
property with the owner Of the fee. The two
are, In effect, partners. the difference between
them being that the share Of one Is fixed,
while that of the other luctuatcs with the
fluctuations OF the real estate market. If a
man, Tor example, buys house and lot for
so 600, putting in $4,000 of his own money
and borrowing $4,000 on mortgage from
another man. he really owns but onc-half of
the property, and the mortgagcc owns the
of m I'm M IN 10 Il. In
sells the property again for $4,000, he gets
all Of the 5000 profit; but, on the other
hand, he incurs the risk of having to sell it
for, say $4,000, and losing the $1,000. So,
too, II he can let the house for good rent
he need only pay the mortgagce his stipu-
lated interest and keep the rest himself, but
II he does not rent it at all he must still
pay the interest. So long, therefore, as the
mortgage stands. the amount OF it repre-
sents virtually the share which the mort
gagee OWNS in the property, and to compel
the mOrtgagor to pay taxes upon that as
well as upon his own portion, Is n seeming
injustice. In practice, however, this ele-
mGnt OF the case is fully considered by people
| who borrow upon mortgage, and they allow
| for the extra burden of taxes which they as
sumo in making their bargains. Perhaps ii
they could be authorized by law, as Is now
proposed, to offer money lenders an assured
exemption from taxes in addition to their in
| terest, they might be enabled TO borrow on
more favorable terms than at present, and
thus reap II real benefit from their apparent
injury. 1t may be that five per cent per
annum, free of all taxes, will be more tempt
ing to capitalists than seven per cent. with
the chance of having to pay n tax of two
and a half or three per cent. upon the prin-
cipal. In this view OF the matter the bill UNI
| der consideration has merits.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05

not conscientiously return the same answer.
II he had replied in monosylable he would
nave been obliged to say Yes. Instead OF
this Mr.. ECcLEsINE went into particular
statement of the manner in which Mr.. KEEL
LY had attempted to influence him. "You
said to me. replied Mr.. EcCLEsINE, address
ing himself TO Mr.. KELLY, THAT several
lawyers had said tho New Code was a good
thing"
All this Mr.. KELLY had perfect right to
say TO Mr.. ECCLEslNr, and we do not sec
why he should have felt any desire to con-
ccal the fact that he did say It. II Is with
the remaining part of Mr.. EccLEsINE's an
swcr, however, that we have principally to
deal To the words which we have already
quoted he added 81 differed with and boited
against that riqrW'
Do we then live under such a condition of
things that when State Senator, from his
honest cor vctiOns, votes counter to the
views of the lIcat VI Tammany Hall he con-
sidcrs II bOHiHg, All charactcri2es his own
act by that term? Dreaming of liberty, are
We ruled by an autocrat?
This is what we object to in the reign Of
Mr.. KELLY. We object to it because it is II
We desire to soc a government of the pco-
rlr. by the people, FOR the people. and not a
non,imlly popular government swaycd and
controlled lay one man--no matter by what
namc that man may be called.
For everything that il deserving in Mr.
KELLY's administration of the city finances,
So far as we understand il, we are more
than willing to accord him all the praise to
which lac is entitled. He cannot be n better
Comptroller than We wish to see him,
and We should he sorry 60 see
him shon OF any honors that right
fullybclong tohim. But we protest against
the power of any one man setting up his
will rs the standard, to differ from which
makes any man in the Democratic party n
hotter. Such Il dcspotic authority is at war
with every principle of our free and equal
American system.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05

To THE EDITOR OF THE SUN-Sir: Permit
me To contradict the assertion Of the author Of Ranbes
on Wheels" that the vehicles known broughams owe
their origin To his lorsp Of similar nomenclature on
the contrary the fourwhcelcd coupe Introduced
n substitute Tor the traditional gig by once popular
London ph yscian named Blood, among whose patients
wasa remarkably handsome lady wife OF Major In the
Household Guards. with whom he eloped to this city
where he vanity attempted TO establish himself in prac
tee where about the year iSs3 Being an excellent
vocalist Dr Hood gave. beneath the name MeMichael
several music al entertainments IN the hall OF the Society
IAhrar' on broadway The couple were driven out Of
ihso ntry through persistent prosecutions Of the fre nds
te Major $50 subsequently sought refuge. Intellectual
y. al Nuri' places on the Continent Just eyious to
v rrNr.aiun ut lr4s renewed my acquaintance with
tv pctnr. stl causinng the name Of McMichael. al >
covering him To- be neghbor In the Rue de Ia For
tain at Aucuil one OF the rnyirons " Pans The last
VIA paid the lady was NJ her request departed
eTvine her Ike Ncne AL tears the perdious phi scion
having mctanorphosed her into modern Ariadne. A.
h ud. particularly IN connection with this anOrous
car ado, became an unsavory cphet 10 hestnw upon
cieN vehicle. the London carriage builders adrOy
erfed honor Of ,aierny ~ the matter OF the Doctors
CREATION upon TIE eN- Lord Chancellor.
N.wh okk, tpril 4, 1878 THOMAS PIcToN
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
The Magenta Erplo.lon Accounted For.

John W. Blake. Assistant Inspector Of Boilers.
testified before the Steamboat Inspectors yesterday that
he tested the boilers Of the Magenta In June 1871
found them in good condition, He arranged the safety
valve TO allow ATTY pounds Of steam, ten pounds
than the engineer at the time OF the
plOson. lie had never known such rapid eorroson
had taken place in the iron Of the steam ehimncys lie
considered II not common thing and could
tor lie WAS entirely satisfied. after applying the by
drostauc test, that the boilers perfectly sound
Joseph Belknap Consulting Engineer testified that he
believed one reason why the iron OF the steam chimney
corroded that IL covered with elting lie added
that the wator IN which the Magenta contained large
quantities Of vegetable matter and acids which, mixing
with the salt Of the ocean, found be
deeterious Ia boilers He had noticed on entering
boiler after being blown down. that where the boiler
covered with telling the whole interior OF the steam
space covered with small globules OF water which,
upon being touched with the hngeT. exhibited only u
slight moisture but large amount OF oxide o iron aud
the occupied by the g)hulc would be corrOded or
pted He expressed the opinion that the rapid
sion and deterioration Of iron In the shells uf steam chin
neys and boilers caused IN great by the
OF et upon them such used on the Magenta and
which, lie believes caused the corroson vi her steam
NhInInnAs
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
SAMUEL WooD.s MILLIONS.
The Contestant Going TO the Supreme Court
on q Question of Law and Equity.

The contest over the probate OF the last
will Of the late Samuel Wood. by which ho pro-
vidcd for a musical college, took a new turn
yesterday, Samuel A. Wood. tho contestant
having carried the case to tho Supreme Court
on n question OF law and equity. and obtained
TN Injunction from Judge Donohue yesterday
ordering the executors and trustees and the
other defendants to show why they should not
be restrained from any future proceedings in
the probate OF the will during tho tendency OF
tn, action. and from appointing collector OF
the estate also to show why q collector should
not be- appointed by the court. The 18th inst
hos been appointed as the time for hearing.
In the Surrognte's Court yesterday, Abram
injunction. Gen. Levi y. Chattleld. for the de-
fence. contended that the Supreme Court has
no power to restrain the Surrogate from pro-
batting a will. Surrogate Calvl replied thnt tho
defendants were enjoincd and not himself. He
would continue the case II the defendant chose
Chatfeld said that all proceedings would stop
until after the hearing on the 10th inst.
The estate Is valued at about VI 300 900
Lsgacies are bcaueathed to the amount Of $780,
The Wood brothers now all dead were for
Abraham, and Samuel Wood. They were
I a. Wool 4 Co. at 6 Fulton, street and 1872
Front street where they accumulated consider
able wealth. Epenctus died first, and left his
money to his three brothers. Some OF tho
property in dispute Is situated on Broadway
the defendants desire to be appointed receiver is
Alfred l.. Simonson. one Of the executors and
trustees of the disputed will.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
The Social Rank of Judges.

II Is easy to understand that there must
DO differences OF official rank among Judges.
The official rank OF Justice Of the Supreme
Court OF the United States Is necessarily
higher than that Of the various Judges
whose decisions are reviewed in that tr-
bunal. But aside from his power and juris-
dction, it is difficult TO perceive how any
such thing as rank can be conferred upon
a Judge by statute.
The bill latcly introduced into Congress
for the establishment Of Court Of Patents
provides for three Judges to be appointed
by the President, with the advice and con-
sent Of the Senate, "who shall have the
qualifications, rank, and tenure OF Office of
Judges of the District Courts of the United
States" The term rank is not used here ~
synonymous with the power and iurisdic
ton OF such Judges, for the power and iuris-
diction actually vested in the Court of Pat
cnts by the bill are expressly set forth and
bear no resemblance to those of the District
Courts. Ii can scarcely refer to the probes
sional rank of the future Judges rs law
ycrs, for that Is something incapable Of
being bestowed by law. The word is evil
IDENTIFY used in some sense which Il now TO
national legislation.
We must ask, therefore, what is meant Ivy
the crank of United StatCs District
Judge ~ distinguished from his judicial
power and jurisdiction and his standing rs
n lawyer Can the word, as we find il APP
piled In the Court of Patents bill, mean any
thing else than social position? Thus 1t
seems that the place OF Judges in society is
tobo fixed bystatutc; and we have here an
attempt to lcgalizc aristocratic distinctions
OF precedence in this country This may
please nspirants for Office who want to sit In
n particular place at White House dinners,
but 1t Is utterly distastc;ul to the people Of
the United States.
TIE subject is one Of which the law cannot
properly take cognznncc. The official rank
of the proposed court will necessarily be de-
tcrmined by its own powers. The statute
makes these essentially of an inferior char
acter. They are to he largely the same IA
those now exercised in the Patent Office 10y
the Board Of EXaminers-in-Chicf The Judges,
however, will receive higher salaries. The
court itself is not to lie independent, for the
bill expressly provides that 1t shall hc cs-
u lishcd "in connection with the Patent
Office" The social rank of the Judges will
depend upon their personal character. 1t
will probably he said that as Congress can
not change this, the legislation will do no
harm. But rs first step toward the lcgis
tive recognition or regulation of so-called
social standing it IL contrary to every true
American instinct and will ultimately prove
to be intolcruble
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
THE DUTY OF NEW YORK.
The states TO be MnrshaiIed against the Great
Hayes Fraud.

To THE EDITOR OF THE SuN-Sir: Is 1t
not about time that the great State OF New York
should take some action-similar to that OF
Maryland-to give effect to her electoral vote in
the late Presidential electon2
hear this question on all sides. Is there not
representative at Albany who Is willing to
heed the voice Of his constituents on this sub
ject? II there is. and can obtain his address.
will send to him numerous petitions OF our cti-
contemplating both political parties and all
classes-praying action by our State Legislature
in conformity with that Of Maryland.
Other states VIII soon range up in line on this
question. and. n one " to the manor born" dc
not want 10 see our grand old State OF New York
dilntory in the matter.
The Hon. Montgomery Blair well deserves
the blessings and prayers of his cOuntrymen
May he live TO see the fruits of his lnborsl
NEw YORK. April 4. CHURuBUsco
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
POSITIVE FACTS.

Gen Sheridan has a buletshaped head and is growing
stout for he has little TO do and gets high pay loaAng
Mr. John Lester wallaek is OF the best preserved
In New York still he Is getting little old ~ play
the enthusiastic lover.
Judge Hilton is a large man with passive counte.
nance He an expert in real estate and enjoyed the
confidence Of the late A. Stewart
Gen Chester A. Arthur, our Collector. 10 q man fully
six feet high, and must weigh good deal over 20
pounds but he is not Hayes Republican.
The Hon John Kelly is stout and determined looking
man, with fun head OF hair but though very
iul as politician, he makes poor editor,
The Hon Reuben Penton with great care and
good deal OF taste and probably would object
becoming again notable ngure in politics
The Rev Dr. Morgan OF St rhomsss Church is very
dignined clergyman. and hasa voice well adapted Tor
the beautiful liturgy OF the Episcopal Church.
Gov Alexander H. Rice OF Massachusetts is hands some
man and is In the paper manufacturing business When
In Congress he devotes himself chiefly to naval Affairs
Gen Winheld Scott Hancock is growing very heavy II
takes strong horse TO carry him As men however,
the General holds his own morally and intellectually
Mr. william Wheeler lives in the interior Of the State
Malone He shaves clean. brushes his hair up straight
and delights In attending the sunday evening
the White House
Gen Benjamin Butler keeps himself in good condi.
ton by udicous abstinence The bricks he takes out
Of his hat to throw at his adyersaries made Vi
alcohol, but Of sober sense.
Gen. W I Sherman lives at the Ebbu House in wash.
ngon He Is great taker and though he fond going
To other peoples dinners he gives none himself prefer
ring 10 save his money against rainy day.
DR. J. @ Holland better known as upper Holland is
very handsome He Is also industrious kind. con
scientous aud faithful Presbyterian His books sell in
great numbers and nobody the worse for reading them
MT Dion Boucicault is always as fresh rose and
sltcu dramatic critics never disturb his sleep He ha,
shakespearean look and considering everything is the
best playwright who uses the English language besides
being hrstrate actor.
Mr. John II Draper is the OF the late simeon
Draper at one time Collector of the Port lie rivals his
father Ms an aucuoneer and has grown 10 look like him
especially since he got 50 bald Mr Draper the life
the Peluot House at New London during the summer
Mr. Lloyd PhUnix who lately launched his beautiful
yacht is grandson Of the late stephen whitney His
father who At one time was member OF Congress, lived
on state street opposite the Battery and very
centric man He used to have telescope on the top OF
his house, Mr., PhQnX is noted MS a lady killer.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
MILLIONS IN IT.
The Vast Sum that the Bell Punch may Hing
Into the Treasury.

According 70 tho statistics collected from ON
cla sources by Mr. W. T. Spaldne, there are now con-
,ideraby oyer 5000 places In the commonwsnl,h where
liquor " sold During the ending the goth OF last
June. sSs persons took out retail licenses from the
United states. and this Is the most accurate guide we
know o. but is not likely there are so many places
open at present owing 10 the hard times and other
causes s that number 10 less than there had been in
any year since 1871 Perhaps there may be 600 estnb
shments q high and low degree now engaged IN the
reckon that the sales 81 these places viii average stU
n year, which would indicate that at retail prices
s25eooon worth OF liquor will be sold IN the State dur
ing the wear.
We have no way in which TO determine how much OF
this will be paid malt and how much for stronger
liquors: noris necessary for present purpose to
know this At the Virginia rates ale and beer 10 per
each sale. aud ardent spirits IL per cent IL Will
not be unjust IL reckon the average at IA per cent
though probably greater In the Old Dominion. At
that figure Massachusetts would ealize the basis OF
our other computations 60 O72 90 year IRON this
Three millions money Is large sum pood deal can
be done with IT. In these hard times IT strikes the Hsuh
II II worth saving -
II is not ssary that the precise virgins figures OF
hall cent tor each glass u beer ana two and hall cents
for each glass Of alcoholic liquors should be adopted
though these have worked well In practice. What we
want to the principle put In operation or
the realized here will not be 80 large as In New
York. where the metropolis alone spends SeDOn0o a
wear drinks and where II II estimated $iOpD.OpO a
year could be collected but II we take the ngurcs given
aud look tor only three Millions not that worth
xarL tnuf FIR
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
That Antiered Rationale.

To THE EDITOR OF THE SuN-Sr The item
In odays srS about the antlered rattesnake reminds
me OF little story heard last tall while temporarily
lourning in Of the small Of Florida
lated by the prominent physician OF the place and
vouched for a. fact coming within his own knowledge.
During "a visit at Archer station on the erosstown
road oi the peninsula he in contact with Cracker
who had captured 1--we rHesnake at tue usual length
tatis siN feet Having with some trouble extracted the
nuEs he proceeded by sort o rhino plastic to
transfer tie purs Of live game cock 10 the head OF the
rather III which they successfully grated
bong carefully handaeed. nature was LETT to com.
plv'e TIE WORK Ihis Wa. assured was IN due time
cunplishr. twas also stated TO be the intention of the
sku operator 10 dispose Of this doctorcd reptile at the
North natural curiosity oi All entirely new variety
NV YORK. April JAn.NkF
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05
Not for Mr.. TiIden.

The Nep York Times Is not only n journal
conducted with marked ability, but IL is, MS
we believe controlled by patriotic motives ;
q jealous partisan, II Is true, but prcferring
country to party, whenever the interests
Of the two clearly clash. On most
great measures IL Is source Of
satisfaction to us that we agree
with our esteemed contemporary; but we
cannot see the proposition OF Mr.. MoNT-
soMERY BLAIR In the light in which the
Times looks at 1t. Our contemporary re-
CARDS Mr.. BLAIR's movement as made on
account OF Mr.. TILDEN. On tho contrary
we support II In tho belief that 1t is made in
the interest OF majority OF the voters OF
the United States.
II Mr. TILDEN has been dcrclict in any
thing, we think II has been In not manifest
ing 50 much interest in obtaining the Office
to which he had been elected rs IL was his
duty to take. After he had accepted the
nomination and been elected, he stood
in relation of trust to those
who had voted for him, and having
their rights in his keeping we do not
think he was at liberty to leopard
them by stalking all on the decision of the
unconstitutional Electoral Commission. We
have no reason to suppose he ever did con-
sent to this; but we do think he prescrv-
ed silence when too forward par
tisans misrepresentcd him, which it
would have been better to HAYS boldly
broken. After that opportunity had been
lost we should have been glad to see our
candidate astute to find some other to assert
the right Of the millions who had been de-
frauded out OF ruler OF their own
choosing. 1t is the great principle at
stake-the right OF the majority to
govern-and not the interest of any
one man, which gives its sublime and pre-
eminent importance to the movement to
investigate Mr.. HAYEs's title to the Office OF
President. II Mr.. TILDEN were disabled, to-
day, from holding the Office, we should adyo-
cate the investigation with the same zeal
and persistency. 1t is the cause OF millions
mot OF one man.
Mr.. BLAIR himself says am not fight
ing TO put Mr.. TILDEN In the White House /;
don't care any more for TILDEN than do
for HAYES. HAYES has always treated me
well enough personally; but what 1 do want
is that The peoples wU shall be asserted, and
that will give relief to the country"
We believe that Mr.. HAYES was not elected
President; that he was iraudulently counted
In; that submission to the establishment Of
such precedent would be fraught with
danger to our free institutions and that for
these reasons II is of momentous Importance
that, through legal proceedings, Mr.. HAYES
should be ousted from Office.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-05

Our contemporary, the EreniRg Post, pro-
nounces Mr. MONTGOMERY BLAIR "a
bore" Now, to whom Is Mr.. BLAIR n
bore, and what makes him bore We
suppose he is n bore TO Mr.. HAYTs. Mr..
HAYES would undoubtedly like to be rid Of
him. What makes him bore? Simply the
fact that he perscveringly insists upon in
vcstigating the fraudulent title by which
Mr.. HAYES holds the Office OF President.
He is n bore to Mr.. HAYES just as n prose-
cutting officer is n bore to a burglar. The
burglar would be much more at his case II
there were no prosecuting officer. Mr..
HAYES would be much more at his ease IL
there were no MONTGOMERY BLAIR to stir
up the question Of his title.
Mr.. MONTGOMERY BLAIR is Just the kind
OF n bore that we had in the time OF the
Revolution. PATRICK HENRY, JOHN ADAMS,
and JAMES Otis We're accounted ter ible
borcs by the roynlists Of their day. They
would never be still. talking about the
usurpatiOns OF the British Government Just
as MONTGOMERY BLAIR will never be still
talking about the usurpation of HAYES.
We think the term bore very inappro-
pirate to apply to Mr.. BLAIR. 1t does not
describe the man at all. He is per-
son of great force and directness At
one time in the history OF our venerable
evening contemporary it described men
of Mr.. BLAIR's stamp, engaged in
the glorious work of preserving our
free institutions, in more classical and more
fitting terms. If that journal is to perse-
we're in its present course, certain we'll
known lines about truth crushed to earth
! should be revised. and those who insist that
the eternal years of GoD are hers should be
denounced as borcs.