davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

the constitution" and parties outbid
one another in their claims to be
regarded as the especial champions and
defenders of the constitution. But the OPP
position of the reactionary elements in
France is extra constitutional. They have
sought victory with the avowed object Of
destroying the constitution. They were
the declared enemies Of the government
that protected their attempts to destroy it..
That sort OF opposition naturally excites
passion, and it is because there has been
so much of it in France that the guillotne
was recognized part of their politics.
They will get over all that on January 5. and
for that reason the day will be an exceed
ingly important one in their political his
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29


Judge Davis suggestion that it is good to
inject little common sense into law pro-
ceedings may be very we'll in theory, but
there is some doubt as to it's practicability.
Judge Sutherland has quashed m indict-
ment found against the members OF the
Board Of Health by a grand jury six or seven
months ago for having licensed and allowed
the existence Of nuisance dangerous to life
and health The Court holds that before
the Board Of Health can be indicted for
neglect Of duty in such a case the busi-
ness complained of must have been judi
cially determined to be public nuisance, or
have been pronounced such at meeting of
the Health Commissioners MS Board. No
action of the kind having been had the
Court argues that the Health Commission.
ers had no more power or right to abate the
supposed nuisance than is possessed by any
unofficial citizen. The allegation that the
business was nuisance, or that the de-
PENDANTS knew it to be such, is held to be
merely the unwarranted conclusion of the
grand Jurors who found the indictment.
This, as we have said, may be good law.
1t is certainly not common sense. The
Official duty Of the Health Commissioners,
as declared by the law, is to license cer-
tain descriptions Of business to refuse
licenses to others which are specified in
the law to require such as are licensed to
conform to specified sanitary regula-
tions, the neglect of which renders
them nuisances dangerous to the public
health; and to be watchful and vigilant in
suppressing all such establishments as are
not licensed, or as violate the sanitary regu-
lations laid down for their observance. 1t
was shown to the satisfaction Of the Grand
Jury that certain establishments did exist
before the eyes and under the noses Of the
Health Commissioners which are plainly
designated by the law as dangerous public
nuisances, and which the Board Of Health
is prohibited from licensing and required
to suppress If they are carried on with
out licenses, or without observing the
regulations set forth by the law for
their guidance. If, as Judge Suther-
lands decision declares, it was neces-
sary as q preliminary step to decide judi
cially that the business complained Of was
q public nuiaance before the Health Board
could be required to interfere with or sup
press it, then the law creating the Health
Board is a nullity, and the Health Board
itself is useless This latter conclusion
has, indeed. been already reached by the
people OF New York without Judge Suther-
lands aid. It will. however, be news to
them that public officials who are required
to perform certain specified duties have no
more authority in the matter than any ''un-
official Citizen" and that officers Of the city
government who have fiagrantly neglected
to enforce laws which they are appointed
and paid to enforce cannot be held to
answer for the offence.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

Christmas and New Years topics viii! be
largely discussed to-day by our city pas
tors. Of the former Mr.. Davis will speak
of the wise men of the Orient who sought q
king and found q child; DR.. King will speak
about the bright and morning star; DR..
Rowland will speak of the birth of Christ in
its relation to men and angels and of Christ
Himself in His humanity sharing the lot Of
the humblest. OF New Year topics Mr..
Rogers will say farewell to 1878; Mr.. Smith
will gather up the fragments Of the closing
year; Mr.. Hatfield will recount the political
and moral events that have occurred dur
ing the year, both local and national Mr..
Sweetser and Mr.. Colcord will draw les
sons for their hearers from the flight of
time; the speaking past will utter its voice
through Mr.. Hull, and the past, present
and future through Mr.. Searles. The dis
cernment of time, by Mr.. Wilson, and the
peril of wasted time, by Mr.. Moment, and
voice from the vanishing year, by Mr..
Lloyd, who will foot up the gain and loss
spiritually of the year, will make this class
of topics interesting, and, no doubt, in
structive also. The pre-millennial and adj
vent theories are still under discussion by
Mr.. kennedy, who to-day will close with q
discussion of the judgment, the final apos-
tasy and the end of all things; by DR..
Knapp, who will consider the first resur-
rection as one of the triumphs of Christs
second advent; by DIR. Smith, who
will also include the great tribulation, the
second advent, the millennium and the judg-
ment in his budget of topics; by Mr.. New
ton, who will present the Scriptural view of
retribution, and by DIR. Fowler, who will
give the Bible views concerning the state OF
the impenitent dead. Mr.. Seward will talk
about redemption, DR.. Peabody about the
surety of Gods foundations and the relief
OF the heart, and DIR. Tying about the cross
as the measure of sin. Mr. Corbit will
present the most valuable thing in the
world to man; Mr.. Hepworth will give us
something to depend on and Mr.. Richmond
will show how Chrst's poverty makes us
rich. Mr.. Jutten will tell MS how daily adj
ditions to the Church may be obtained; Mr..
Ackcrly will speak about tho love Of life;
Dr.. Blanchard about the effects Of alcohol
on the human mind; Mr.. Burch about
Christ as q counsellor and DIR. Tucker about
the morale of Christendom as affecting
! missions.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
"Reminiscences OF nm Empire.

Early in the present month we printed
some extracts from series of articles con-
tributed to the Revue de France by Mr.. Mas
seras, on his observations Of the career of
the Archduke Macmillan in Mexico
Some statements made by Mr.. Masseras
were referred to gentleman resident in
Mexico in that period rs Consul Of the
United States and Minister, and now in
this city-Mr. Marcus Otterbourg, one of
the police justices-and we give in
an interview with that gentleman the
results Of this reference. It will be
observed that Mr.. Otterbourgs re-
membranes do not agree with those
noted that he gives a more particular and
inside account Of that queer fiasco,
the voyage of Mr.. Campbell to Vera
Cruz, and his sudden and unex-
planned flight. On one important point
Mr.. Otterbourg comes handsomely to
the rescue of Mr.. Stewards memory. He
declares his good reasons for believing that
Mr.. Seward intended to demand perempto-
rily Of the Mexicans that they should spare
the life of Macmillan. Had this demand
been then made in a proper tone it
would certainly have been conceded,
for the Mexicans then recognized what
they have FASTENED to forget, that they were
indebted to the United States for the de-
parture Of the French from their country.
But Mr. Seward could not give his demand
effect, for we had no Minister there. He
was in New Orleans, like dear little Min
lister, solicitous about his bodily comfort
BY the time this Minister'S resignation was
accepted and an appointment sent to Mr.
Otterbourg Macmillan was executed
Therefore the responsibility for the murder
of Macmillan, so far as it falls to the
share Of civilized creatures, does not belong
to Mr.. Seward, but to Mr.. Campbell.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

While some managers are lamenting
dramatic decadence, and others are blowing
sturdy blasts upon the shownan's bugle to
better advertise their bizarre theatric wares,
it is gratifying to turn to an artist who, MS
actor and manager attends strictly to his
business, and, procuring the best that is to
be had, leaves the rest to the good sense Of
press and public. Mr.. Wallack's long-con-
tinued success is proof that the best pays.
The immense profits reaped now and
then by some fashy or meretricious per-
torrance have scared some conscien-
tious managers and driven then into all
kinds of queer ventures; but when the mo-
mentary craze died out, the lean kline of bad
seasons soon devoured the fat kline Of the
prosperous ones. Dramatic art in this
country is indebted to Mr.. Wallack for his
undertaking faith that good plays, well
mounted and well acted, are sure guides to
public favor. As one Of the best managers
in the country he has earned name which
would alone be enviable ; but when to this
is added his repute as an actor OF high
comedy, uniting in his style the breadth
and vigor Of the old school with the detail
and finesse Of the new, he may fairly claim
place among the highest in the
profession. Never anxious to thrust
himself before the public, he, however,
often allows months Of his comedy seasons
to elapse before appearing himself, thus
giving the talented members of his company
an opportunity of achieving distinction.
This undoubtedly adds zest to his reatrfe,
and the first Lester Wallack night is conse-
quently festival in its way. Tomorrow
evening he comes before the footlights for
the first time this season, and in a new play.
He can count on warm reception. The
appearance of that fine artist Mr.. Coghlan,
on the same occasion will make the per-
Torrance Of ''At Last" a memorable one in
dramatic annals, and we can only hope that
the play will be worthy of the players.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
Give Us . srouthfui OF Air.

A great many people will slumber ftfully
in church to-day, and several times as
many will avoid the same irreverent ope-
ration only by preventives which are more
annoying and agonizing than the sense Of
having nodded would be, and much Of this
viii happen because sections do not know
how to prepare q church for sunday use.
As rule church doors and windows remain
closed for week at time, the woodwork
and upholstery of the interior absorb
ing all the moisture and much Of the
oxygen that is in the atmosphere. On Sat-
nrday, however, the sexton usually kindles
fire in the churchs furnace, and
for nearly twenty-four hours before
the first Sunday morning service the
hot air from the furnace is being sucked
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
Racing Prospects for 1879.

Never were the racing prospects of the
country SO encouraging as at the present
time. From all the leading associations in
the land cheering accounts reach us Of
largely increased numbers Of entries for the
stakes to be run for. At home our jockey
clubs are flourishing satisfactorily, the
American having large balance sheet for
1878, with the prospect Of having it coDsid-
erably augmented the coming year. The
Monmouth Park and Saratoga associa-
lions have become reconciled about their
times of meeting, and taking into con-
sideration the favorable reports that reach
here from the various training stables in
this neighborhood that have entries for the
several fixed events at Jerome Park for
1870, besides the new stables which are
being formed and the increase of new aud
active members to the American Jockey
Club, we see in all these revival Of conf
dence and an increased interest in turf
matters throughout the land. The breeders
Of thoroughbred horses are alive to the
occasion, and fresh importations of the best
blood of Great Britain and France are being
made to keep up the quality ms well as the
quantity Of high melted horses for racing
PURPOSES
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29


The question of the expedienoy qfsallow-
ing u horse car railroad to be laid on Broad
way, between Union square andythe Bat
terry, is not new TO the people of this city.
There has been very decided public sem
timent in opposition to the surrendering OF
this thoroughfare for such purpose, both
on the part Of the property holders and OF
citizens generally, who have desired to
keep at least one great avenue free from
railroad tracks and available for military
parades and similar displays with which
we are occasionally favored. But the char
acter of the business of this portion of
Broadway has undergone decided change
within the past ten or twelve years, and what
might have injured property on the line
Of the thoroughiare ten years ago might
benefit it now. Both the property owners
and the public may take different view Of
a Broadway railroad to-day from that they
entertained twelve or fifteen years ago, and
rs the character of city travel is just now
undergoing radical change there may be
no longer any serious objection tosupple-
menting the rapid transit lines east and
"cot Va oio"uWoy W AoioS AutAAo"'A "a eAiss
thoroughfare. The matter is one that at
least deserves consideration and disc ussion.
The old omnibuses are cumbersome, noisy
and as much out Of date as stage coaches,
and it may be thought expedient to try the
experiment of more commodious and eff
cient means of accommodating the large
travel that is still attracted to Broadway,
;ol1 -. 1ov, hat wit IL
out tho convenience Of horse cars, at five
cents fare, traffic may be drawn from the GEN.
trail thoroughfare below Union square by
the fringing rapid transit roads.
A large and important share Of the bust
ness of the city is now and always will be
transacted on and around the lower part of
Broadway, south Of the City Hall, and this
would, no doubt, be accommodated by
Broadway railroad. The Third avenue
rapid transit line now contemplates ter
minating it's Chatham square and City Hall
branch at the north end of the City Hall
Park, which, in view Of the large travel
south Of the Post Office, is about as sensi-
BILE as it would be to bite off the Harlem
end Of the line five or six blocks this
side of Harlem Bridge, or the Battery
end about four squares north of the
South ferry. Mr.. Field should be shrewd
enough to recognize the inexpediency
of such deficient work, and should at
once continue the City Park branch to the
present terminus Of the Third avenue horse
car railroad line. Nineteen out of every
twenty passengers on the Third avenue
elevated road who will ride to the City Park
terminus go south Of the Post Office, and
if people are compelled to walk as far as
Chatham street to take the Third avenue
road they are very likely to prefer to walk
to Park place and ride over the Sixth ave-
nue. line. It will be as profitable to the
company as it will be convenient to the
public if the City Park terminus of the
Third avenue elevated road is carried to
the south end of Park row, instead Of being
cut short, as is now proposed, at Tryon row.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

THE WEATHER.-The changes in the condi
tions Of the weather during yesterday in the
Northern districts were wrought chiefly by the
movement in a sontheasterly direction from
Manitoba over the upper lakes and Canada Of
the margin Of depression whose centre must be
MT present near the southern extremity Of
Hudson's Bay. The winds over the lakes
backed from west to southwest, bringing
higher temperatures and general cloudiness to
that region. On the New England coast
the prcssurcs varied but little, but "a marked in
crcase took place on the Middle Atlantic coast
and decrease southwark from Cape Hatteras.
The barometer has also fallen in the Northwest
and Southwest, with higher temperatures,
southcrly winds and cloudiness. The area of
highest pressure is now over the Ohio Valley and
Tennessee. The winds the Atlantic coast
have been moderate to strong. caused by the
advance of the highest pressure northcastward
after the storm centre, which Is now passing
toward Newfoundland. Our special cable
weather reports from England show that
the conditions on the south aud west
coasts last evening were as follows -
St Cath crimes Point, wind west, fresh, rain,
hazy weather barometer 20.G7 inches, Their
mometer ~ degrees: Falmouth, wind south,
weather thick, with rain; Plymouth, wind south
east fresh, rain, barometer 29.3s inches Sicily,
wind south-southeast. fresh, weather thick, with
rnn barometer $3.50 inches; Holybead. wind
south-southeast, moderate, barometer 2o.l4
inches. In New York and its vicinity to-day
the weather will be cool and partly cloudy or
cloudy. possibly with light snow showers. To-
morrow it will be warmer and fair, followed by
increasing cloudiness.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

II, AS IT Is CLAIMED the Court of Special
Sessions is Illegally constituted, owing to the
failure of the police Justices to elect clerk, it
may he in order to send up those well paid Off
cias for a few months to take the places Of some
OF those who, in the general Jail delivery, will
be set free
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

Is THE OPINION Of the Attorney Generals
Office there is some money in the Treasury which
the Blaine Committee can legally draw upon,
and they have determined to 90 ahead without
waiting for an express appropriation from Con
gress. In reply TO the call for specific informa-
tion the Don Quixote of Maine has given few
Southern references, and dexterously lodged all
further responsibility by informing the com
mittee that it was not his intention to become
public prosecutor.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

~ WAS EXPECTED from the very beginning.
OLcary succeeded in outwalking CamIana, the
record of the match standing, O'Lcary four
hundred miles and Campana three hundred and
fifty seven-very slow time all round. BY the
articles Of agreement the defeated pedestrian
to receive portion Of the gate money, pro
vided he made four hundred and fifty miles: but
neither made that distance the question arises,
To whom will it 90 Perhaps the lawyers will
walk of with il,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

WALL STREET YEsTERDAY.--The stock market
fairly active and strong. Gold sold at 100
100 1-64. Government bonds were firm,
States lower and railroads strong. Money on
call was easy at 4 a 3 a Il, per cent.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
ADJUSTMENTS TOMORROW.

SRAND OPERA HoUSE-rHE SHAreHRAuS
PARK TIiEATRE-BABEs ~ Tnr Wood
LYcEuM NEUTRALITY-SUSPICIOUS. MARRIAGE.
BROADWAY rHEArRE-uxrrs pAS'l-
THEATRE CoMIQUE-cnRtsrxAs Joys SORROWS
wALLACK'S THEATRE-Ar LAST.
UNION SQUARE THEATRE-TnR BAaKER's DAUGHTER.
BOOTHS NEUTRALITY-SUSPICIOUS..
FIFTH AVENUE THEATRE-RIr VAN wisKLE.
STANDARD THEATRE-ALSosr LIFE
NTBLOs GARDEN-PEEr O Day
OLYMPIC THEATRE-THE BARnARiAS
NEW YORK AQUARIUN-CiSDERELLA
GLOBE THEATRE-OSLy A FaRsER's DAUGsrER
DRAWING ROOM THEATRE-M. JACQUES
WINDSOR TIEATRE-yAnltry
TINoII MISUNDERSTANDING
TONY PASTOR's-yARiEry
SAN FRANCISCO MINsTRELS
ABERLE's AMERICAN THEATRE-vARrErY.
BROOKLYN PARK THEATRE-MornER Son.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

The NAMES of the noble army of municipal
otfice-holders for the new year are elsewhere
given. There is doubt that, whatever else
they may do, they will all draw their salaries
with the utmost regularity.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

If THE GOODS shipped yesterday for the Mex
lean Exposition were sent by land what mag
nificent thing it would be for the enterprisins
gentlemen on the Texas border.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

The EXACT CONDITION OF our relations with
Mexico in regard TO the border troubles is set
forth in the text of the dispatches another
page from Mr. Evarts to Mr.. Foster 1t will be
seen that all we have demanded from our sister
Republic is peace and peace we are determined
to have at any price.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

Is THE GUMBLEToN MANDAMUs CASE yester-
day there was good deal OF talk about "good
faith" 1t is in ''good works, however, that the
public is mainly Interested
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

ABOVE THE HIGHLANDS the Hudson is entirely
frozen over. In the lower part Of the river
there arc large quantities of ice, but it is
nowhere very thick or very strong.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

The STOCK EXCHANGE has got down rs low as
ten share lots. Heretofore the lowest allowable
transaction was one hundred shares
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

SIXTEEN YEARS AGO Frederick Eckert, a pri-
vate soldier in New Jersey regiment, was
pierced by Confederate Mimic ball at the
second battle of Bull Run. Since then it has
been gradually moving around his side until
yesterday it touched the vital point when he
died. 1t at last found its billet
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29
Q UADRUPLE SHEET
NEW YORK, SUNDAY, DECEMBER 20, 1873

The probabilities are that The sreafher in NeU
York and lis ricinity ao-day riH be cool aud
partly cloudy or cloudy, perhaps wiu light snoD
sho~ers 1o-mo,ro,c il aeiU be warner and fair,
followed by Increasing ctoudiness.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-07

TIL DEMOCRATS special Of yesterday morning
announcing hat Kellogg was trying on the bull
doing game with President Hayes buoyed M
the threatened officials considerably. aud no
day sinc5 the talk of decapitation have they
been so happy. One official who does not seem
to be ut all alarmed. and who calmly views the
mantle stations Of anxiety on The part of the
others, Is Appraiser j.. J. Souer. He 1t appears.
has attended to business and kept out of politics
and in addition to this he has recently been able
to forward to Washington the Endorsement of
a large number of merchants who have business
witt his department.
A number, Of prominent colored men. who
are dissatisfle with the manner In which the
Custom House patronage has been distributed
by the Collector and other ficials-eonslder-
ing, as they do. that In the appointment to po-
sltlOn IN the building their race has not a lust
proportion propose TO call a mass meeting.
having for its object the adoption of q series Of
resolutions setting forth their grievances and
calling on President Hayes for a new deal. No
date for the holding of the meeting has been
absolutely decided upon, but the nineteenth OF
the present month has been informally fixed
There is some talk of giving Pinchback a re-
ception about the middle Of the present month.
The publican supervisors of registration
ore giving the Republican State Central Com
mittee considerable trouble.
On Thursday they held q meeting for the
purpose, OF adopting measures which would
rendsred in furnishing tho ommitte with u
copy OF the list Of registered voters of this par
ish.
After some discussion d committee was ap.
pointed to wait upon Gen. A. s, Badger, chair
man Of the committee, and demand pay or some
satisfactory guarantee that the money would
he forthcoming within u reasonable time. The
committee retired. called at Gen. Badgers
Office in the Postoftiee. but failed to see him.
They were. however, received by A. sistant Pot t.
master Fish. who said that he would inform his
chief of the call. and invited the nmit to
return neXt day yesterday
Yesteid " the Supervisors mot, and again the
Ammittee called at Gen. Badger's office. and
were again received by Mr.. Fish. Gen. Badger
being absent. They returned and reported the
| result Of their second effort, and were instructed
to pay one more visit to-day.
The supervisors have determined, SO they
say, that If the money Is not forthcoming at
short notice. they will enter suit against the
members Of the Republican State Central Com
mittee. in solido, tor sl7OO. to pay expenses in
CURED. including supervising. rent, printing,
etc. and they will. further, forward the facts to
Washington to their friends. to show how the
Republicans have been treated by the Federal
officials Of this State.
Ex-Gov. mt reached the city Yesterday.