davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1880-04-09

NAVAL INILLLIGENCE.

WASHINGTON, April 8.-Captain Il. B.
nation for promotion.
Lieutenant Commander Francis N. Batbcr IA ordered
to the Wyoming, European station. as executive.
Lieutenant f. II. Taunt IL detached from duty IN the
Bureau of Equipment and Recruiting, and ordered 10
the traningship Portsmouth,
Lieutenant Beijamn l.. Edes, from tho Wyoming, on
the reporting or his relief and ordered TO home
and report
Cadet Mid shirmen James IT. Glennon and Henry g.
Knapp have reported their return bome having been
detached from the Pensacola, and have been placed on
waiting orders
Passed ASH .tant surgeon f. Derr Ia detached from
receiving Colorado at York. and ordered
the Naval Hospital at Norfolk, Va.
DiSpa cbes by mail from Commodore Shueldt, dated
Singapore February o. state that the TlcOnderORa
would leave that port on the 23d for BOrneO. and
pected to reach Japan by the middle or last OF May.
EIstLleutenaut q. y. Benson, United States Marine
Corps Brooklyn has been ordered TO proceed to Ska
Alaska, and report - the commanding officer at the
United States steamer jamestown as the officer detailed
10 command the Marine Guard of that vessel
A board consisting OF Rear-Admiral GeO ii. Prebe
(retired), president; Naval Constructor John IRntha
Chief Engineer G. Ii. LOTiDg and q. r. johnson, Com
mander IL. l.. HawsOn and Naval Constructor ]. d. Will
tary OF the Navy, to meet In ephia, where the
ifonclad Terror lies, and proceed to Wilmington.
Dell where tho Amphitrte Hes, for the purpose OF ex-
anining the vessels with View to reporting whether 1t
the interest OF the Government to complete them
Another board, consisting Of Rear-Admiral Thos. o.
seliridge (retlred PRESIDENT Naval ConstTuct0r q F.
Harris. PassedAssistant Engineer j. g. Kater, Naval
Constructor w. l.. MintOnye and AsststantNava Con-
G. IT, Maeit has been appointed 10 organize
Chester Penn, 10 perform like service regarding tile
Lleutenani.COnmande Charles H. Craven and Ensign
Charles H. Plunkett are ordered 10 examination for
Mate James II. Baxter 10 detached from the Rio
Bravo. aud placed on waiting orders.
New-York tribune., 1880-04-09
DISCUSSING THE SUPPLY BILL.

STRONG OPPOSITION MANIFESTED TO SOME ITEMS
THE DEBATE SILL on.
IrRoM THE REGULAR CORRESPONDENT OF The TRIBUSE.1
ALBANY, April S.-The Supply bill has en-
coun,ered unusual amount OF resistance this
year, and IL is somewhat doubtful II 1t passes
both houses without being shon of of
Its items The chief opposition is made
TO the approval of the action OF the Board of Audit i'll
having awarding several large claims against the State
Money is appropriated in the Supply bill for
@o prSval pie" Is expressed Hv q the action Of tie
Board OF Audit A year ago Governor Robinson vetoed
the ground that they were valid claims against the
State. Inis action OF the Governors was severely ell
cised the time 1t being held by that the CUnst
did not give HIM authority TO strike ont items Of
these items with fourscore books and pamphlets His
desk wss covered With these s II I'M sPeeGG
for approval Of tue claims. Altogether they amounted
g a C ss Swift o4S the Of rSS s'%' OF
antine Island in New-fcrI Hafbor. for $4i,737
AnOtnrr was That OF Charles A. Donald for $6S 900,
aud Of George Wortlington Tor $4,000 for materials
tory. st another claim that Of Erie County for
$500, which sum was paid out by II IN bthaf OF tue
curing the trial OF George Lord for alleged canal
frauds.
Audit would have broken their oaths II they had not
allowed thrse claims and that II was the duty OF the
Board of Audit were made by Messrs Varnum. COOkn-
approval by Messrs. Rhodes and Dr. T. ]. Hayes.
The chief speech In opposition was made by MI Nit
chei. He argued that the Legislature had full power
to iefuse confirm the action of the Board OF Audit by
apprOpratug money Tor tho payment of claims IN
IL Judged that The claims not valid. He said
that it immateria whether or not the ciams were
valid as the Legislature could not at nem unless
cer,an conditions had been complied with. He cited
Section 10 of Article Of the Constitution, when de-
clares that The Legislature shall neither audit
allow any private claim account against the State.
but may appropriate iey to pay such claims as shall
have been audited and allowed according to law" MIR
MIIcJei argued that this provision had not been COM
pi wA, ard the Board of Audit had not supplied par
tieu!ars of the claims.
Mr. Brennan moved that the appropriation OF 900
for the Catholic Protectory should ao DC stricken out,
stating that the previous year tue managers Of the Pro-
tecory had promised not ask any appropriations
in It's behalf Mr. Ssinuer In long speech argued that
The State gradually drifting into making large ap
preparations the support OF instlt utOis.
He claimed that pnblic money should net be given TO
institutions which not under the control Of the
State.
The Assembly debated the Supply bill throughout it's
afternoon session. Mr.. AvUrd made O long speech III
paying the claims approved by the Board Of
Audit. While he speaking the hour of adjournment
arrived. The bill Will Dc taken up again tomorrow.
New-York tribune., 1880-04-09
AT THE STATE CAPITAL.
THE TAXATION BILLS.


PROGRESS MADE WITH THE BILLs-THB MEASURES
As AMENDED.
tFRoM THE REGULAR CORRESPONDENT OF TIKI TRrBUSE.i
ALBANY April SIT has been the aim of
the Joint Committee on Taxation to attack the evils oil
the present system of taxation in detail 70 not to
concentrate upon any one measure the hostility Of the
powerful interests that will be Affected II there Is
OF the laws taxation. Acting upon this
plan the committee divided their reform measures into
some six bills. They propose to attempt the pas
sage of these bills by one. TIL ali have been eonst
cred.
Two of the bills have had unexpected good fortune.
Those were bill regarding taxation OF nonresi
dents, and the bill charging the number Of things that
be taxed under the term lands" These bills were
considered at great len.th in the Senate last night To-
the cha OF the Joiut Committee ordered to thiid
feadng without d.cusson and passei p9rns tns % ne
Senate, the bi taxing non-residens IN business in THIS
All perSons AND associations doing business in the
State Of New-York ~ merchants. bankers, or other
WISE aud not residents OF this state shall be assessed
and faxed on all sums invested, used employed IN
any manner in said business neither money or credits;
said tax shall he collected from the property Of the
beong. H5i p''''"' "a "'''''1''' " >'
The second BILL defining Glands" as it passed the
Senate, includes many kinds of raiIroac property
hitherto uuiaXed. TIE bill now reads as follows:
The ,erm lands" used In this chap shall be
construed 10 include the land ee including land under
waterfall buildings and other structures erected unon and
affixed 10 the same ali wharves or peers. nc!udi- Ne
value of the right TO collect wharfage or dotk
age thereon all bridges. railroad structures. sup'r
structure aud tracks the thereon. aud ncud-
The improvements, iron and other fixtures
owned nv any raiTo1d company. aud permitted or
authorized 10 he made, laid paced H. upon or above
under public streets, or grounds: all Gas.
Oil steam, heat and water ppc~ owned Ivy any incOr
poraed company. iUcludug such pipes laid In pun
lie street ace, and Telegraph poles ana wires; wHeS
and other fixtures used for electrical light or Tor iec
phone panies, ana including the value OF the incl
dents business and profits 10 be derived thercfrom
The Assembly also considered tbs same bills today
before they were received from the Senate The mea
bers OF the Joint Committee amended the hills in the
same manner as they had been amended in
the Senate, that there Will he 10 quar-
rel between the two Houses the sIhjeci.
Mr. Bradley, one OF the m"mhers Of the committee
said that bill defining lands would bring The elr
waited railroads York within the reach of the tax
ratlerer, and OIhcr forms OF railroad property
that tave heretofore escaped taxation The b regard
.ns taxation OF residents you ID enable the as
SCISSORS lax millions NJ foreign capital used in New
York City. which competing with the taxed capital
OF residents. Both bill met with opposition and
were ordered to third reading.
New-York tribune., 1880-04-09
CIVIL SOIE5.

Leopold Knupfel. of No. 412 Atlantic-ave.
DrOoklyn sued the KnIckrrbocker leo Company to re-
DAMAGES for the loss OF his sons fc and the
was tried before Judge Gilbert on Wednesday, The
boy, who five years DID. over by Of
oouIgny's wagons verdict IN favor " The planIT
for $1,000 was rendered
Judge Gilbert yesterday granted the appli-
cation OF the Standard Ammonia Company for inuuc
tion restraining Board Health Of Long Island
City from interfering WITH the compnny's worka He
says that IL was not plUved Bati,iactOry that the
works.
In the United States Circuit Court yester-
day. Judge Walluce presiding the brought by JOHN
G. Brougbton OF Bloomfield, " j. substituted trus-
under tho deed OF Eoanor A. Ferguson against tue
Manhattan Life Insurance Company, tried. IL was
brought to $4,000 insurance. on tho lie Of
Israel Frrgnson The pl g provided that ~ case of
tie insured man committed suicide In Central Park,
and llc company refuse pay lnent The jury rendered
verdict for tie p.ainiIn Tor II 1884.
John Griffin, the keeper of n fruit-stand
near the Battery Park brought action for f,lsc i'm
prisOnment IN the against Sergeant Fork
OF the Park Police, WHO arrested him when be did not
Obey the order OF Park Commissioners rrmOve the
stand. Judge Have Yesterday Dismissed t corDpaint
hOiGng That vacation Of III" ordinances eairtr by
Park C"nInlssion.rs rs vas a msGen"iHs IN Ter lIr
stature o. 1871; that the on er therefore hi Tie right
10 HrrrSi u plhnun WIioh wdrIaht ior Violation
OF lie Ordnancr.
Judge Beach yesterday granted an order re-
mOyrg tho suit of Rachel Dunn againt The Nil
tionai steamship Company from the Court II Common
Peas to the United States Circuit Court. Mrs Dunn
sues as the administrative OF her husband, Pnirck
Dunn, steycdurc, vaO was killed an K xIison on
the steamship Greece. on January 10, 1880. The plain.
tin asks $4,000 damages. Roger NJ. -hrimin l. tie
panuns attorney; John Chetwood is attorney for de-
fendant.
Joseph Agate was sued before Justice Beach
by George " House assiguee OF his wife ana Ms,
Ann H. Agate. sisters of the def ndant to recover The
rents alleged 10 have been received by tho defendant
from tho building. No S06 Bloeckor-st. Tho sisters
claimed that they owned the building ana that Their
brother acted ~ 'heir In the collection Of rents
but dm not pay them le fn IrOCeeds. Thn defendant
answered that 10y an agreement between himscK and
his sisters he pay aud did pay This money lO n
brother, william, who mad been dsnherlted by their
fathers will aud had sinco died. Tho Jury Yesterday
gave the plaintin 4 verdict for $l7 4G3 G5.
New-York tribune., 1880-04-09
xLVITH O0NGRESS-ITD SESSION.
REGULAR REPORT OF PROCEEDINGS.

REGULAR REPORT OF PROCEEDINGS.
DEBATE IN THE SENATE on THE BILL TO CARRY
OUT THE UTE AGREEMEST-THE ARMY APPRo-
PRIATIoN BILL CONSIDERED IN THE HOUSE.
SENATE..-.. .WAsHlSGToN. April 8. 1880.
In the Senate to-day q communication was
presented the Secretary Of the Treasury stating
that no reduction OF clerical fOrce can
bc made In that department
A House joint reso. .ution to lend nlGs TO the Good
TeDpars encampment in Chicago in August, $780, was
passed. Yeas 81 nays, 20.
The House joint resolution granting the use OF
ari cry tents, etc. at soldiers reunion to be held
at Central City. Neb in September $3.50. taken up
and after technical amendments, WAS passed
Two communications werereceyed from the Secretary
OF War, recommending appropriations Of $4,000 10
hun road from Fort Bidger to the Uihtah Re
these SAID works blnG thought necessary connection
With tn, Ute Indians. Referred.
The Comm ttee on Public Buildings and Grounds, re-
ported favoraby the House blll provide for pub
lie budng at C1arIsston w va; ,,,,.u. ~, d, ooo
Mr.. CONkLlNG tRep., y. ~ tpouGh' towns or 3,OOO
1000 nhaLtauts too small to have such buildings.
Tne bill was passed.
The Senate resumed consideration OF the OIL rafyng
Mr.. DAWES tRep.. Mass) withdrew his amendment
offered yesterday devotng the $4,000 PAYABLE 10 the
Utcs under agreement OF 1874, 10 the industrial ed
citlOn OF the young Utcs. and substituted an amend
authorizing the President. In his discretion. TO use
$4,000 Of the money appropriated III the Dill " FOR the
ciu alton of youuS Utes In industrial pursuits"
Mr. 80 Tier (Dem., 5. C opposed the bill as tempor-
Zing with aud pOstpODng the tlaa settlement or the
Indian question Lsus bring than into cirizenshp ana
give them the protection and responsibilities OF the clti-
Let the Government Of Colorado arrest and punish
The gully Ingians. let the Utrs be subjected hereter %
to the laws of Colorado and let the anomaly OF lnde-
pendent tribes outside OF the jurisdiction Of the State Ill
whIcn lhev are situated cease 10 exist. 49,
Mr.. COKE U)em., TeX was as much opposed 10 the
present Iudian policy The Senator from South
Carolina. lie believed the peace policy" especially
had cost more money amt caused more war Than any
other For very he desired this bill TO pass
which would remedy these evils. ,.-
At 800 y. Oh motion or Mr. EATON (COnn)
the senate adjourned until tomorrow.
New-York tribune., 1880-04-09

ALBANY, Thursday Ap ril g. 1880.
The contract for $4,000 feet of tagging FOR the
Capitol was awarded to John Flager, OF Albany. at
f4,l90.
The Governor has signed the following bills Author
izng societies and clubs to increase the number OF their
drectors TO authorize the Stale Controller TO issue
revenue bonds ia anticipation of the State tax to repeal
the act authorizing the Clerk OF Kings County 10 assert
and repair certain papers.
Senator Forster brought in bill to provide for the
reopening aud extension Of o part of BIoOmingdale
Road.
MIR. Madden has brought in bill 70 introduce an I'M
proved system OF t0waRe Oh the canals.
The bill providing for the erection Of new market
suildings on the site OF Washington Market and the
present site OF West Washington Market in NewYOrk
City was ordered 70 third reading to-day In the AS
sembly.
Tho Governor has vetoed the bill providing for the
pointInent of additional notaries public. He
says the existing laws provide for over IL 900
OF these officers which number be thinks Is larger than
10 necessary.
Senator Astor presented petition to-day against
church taxation.
In the Assembly to-day Mr. E. D. Benedict moved
that the superintendent OF the Insurance Department
be requested TO the Assembly why the Universal
Life Insurance Company has not made Its annual report
for 1870, and what Information anyr exists IN said
Department showing tbe present financial condition OF
that company" The resolution was adopted
New-York tribune., 1880-04-09
GIVING HIS FATHER HIS PROPERTY.

William A. Coleman brought action in the
Supreme Court. Special Term. before Justice Van
Brunt against his sister, Mrs. Anna b. Phelps,
to have set aside a trust deed made by the
plaintiff to their father who has since died The property
involved is real estate in different parts OF the city
which the plaintiff receive from hs mother. she
died 1855. In 1860 the plaintiff had difficulty with
his father and rejected from his house In Washing
nrlaco In 1861 he arrested for vagrancy in
1867 he was married, and in 1871 his wife obtained
divorce from him: In January, 1871, the
father aud bad become reconcile ii. ana
1t was at this time that the deed In question was
made, giving 10 the father all tine properly which the
son was TO receive from his mother He did not read
the document, Int was told that IT was paper that
would right affairs Of his father far as they
concerned himself Jusice Van Brunt sets aside this
deed by II decision rendered yesterday
New-York tribune., 1880-04-09
TIE ELETATED RALLWAY DECISION.
CYRUS W. HELD 0N THE BENEFITS OF THE ELE-
YArEb LI~Es--MR. NAVARRO MAKES LIGHT or
THE DECISION

CYRUS W. HELD OS THE BENEFITS OF THE ELE-
YArEb LI>Es--MR. NAVARRO MAKES LIGHT or
TIE DECISION.
Cyrus w. Field was found Monday by a
TRIBUNE reporter al MS office. No. li5 Broadway.
When asked II the decision Of the Superior Court in the
case against the Metropolitan Elevated RailrOad Com
pany was not q surprise TO him, hc said;
d" paid very lit attention 10 the I supposed
that the would be carried mp the Court ofAppoals
whichever way it decided AMI have not taken much
interest In the result in Ia" superior Court"
II the decision is affirmed hy the Court of App ais
what Will he The effect upon the elevated n'road-"
d" cant answer thai question. Or coursc. the Metro
politan Elevated Railroad Company or any other rdi-
road company would bc able t" pav for the prop
wEich. II Is claimed, has been ruined by them For
my part believe that The benefits the city has derived
from The elevated railroads more than cCuntcrbiance
any damages which may have been done to private per
The value OF properly this city has been in
creased many mJns Of dOllars by the ele-
waited railroads. have been told by " number
Of gentlemen. who are largely interested in real estate
aud who well posted IN regard 10 any change that
may re1 IN any Rf ot the e bcn n bene NE
Med rather than Injured by the elevated rsiiroan =
know nothing about the matter. but that *
what have been told lime and time again. II the ec-
the propcri y-owners who have been injured hJ tnc
roads, natural to supo~r that they ha some clam
on the proper y.1wners whom they have ben"uird"
Officers OF hc MriropO.ian Cumpnny made sht Of me
JOsG +. Navarro aain that the effect would he
simply to Oprn The The company mai demurrcd
TO the complaint IN the original suit ana lhr demurrer
had been overrulcd. TIE prOpcrtyO|nCrs now
had standing in Court, AMI The Metropolitan COMPANY
,~"tid bc c0muell n N ~ n general answer. " AT
trst we simply sald' Mr. Navarro remarked. that ad
mtng the truth OF your complaint You have no redress
IN NAV br that you suffered dam g, but n X not
our ianlt. for ha The rgnt 10 buid through the
strrrts ; IT Il your misfortune"
OUiccrs OF the Nrw-York Company said that the do
cislnn ala affect mal rOnd, which waS IN scn-r inc
tenant oi tho city. ThC Clty had granted 70 the com
pauy tie right 0 bnd through cerin strrrys 0n cond.
iOu lhut company phir per cent ot " earnings
into the city treasury. 1t was nssericf
tnnt II there ANY claim FOR damages
by the lnllmg II the nd II must s against tho city
ana not n>t the company. II Said thar the New
Yord Compiny p'cuar In this 81 Get, hut others
of the Mr.rupOitIn we're ~ a." Opnn tnat that com
nauv mad ia sam" chartered rguis tlat the NewYOk
fs,,tt ~ litI.
New-York tribune., 1880-04-09
AN OBSTINATE JUROR YIELDS AT LAST.

JOnn lr. ScnlnuIef, OF OulllNdn Couuiy, WIS
convicted WEDNESDAY In the United States Circuit Court
of deiraudlng Rachael Helirch, German woman so
years Of age. of $500 pension money The trial be-
gan March % and the gwen to the jury April
s. at O'clock and the jury out thirty yiour hours
On the first ballot the stood eleven for convection
and one for acqutta. The twelfth juror held out nm
I'll Tuesday night at 10 o'clock. An agreement was
than reached and the jurors allowed 10 separate.
they again yesterday morning IN cOnr ana form
ally rendered verdict OF guilty. The pr-"neir counsel
moved arrest OF Judgment and the motion Will ho
heard before the fun bench 70 the May term Blll was
furnished $50 600. Scindler supcrvisor o Sui
van County for siX consecutive years. lie also
superintendent ~ the Poor OF the county and has hed
other ,llces Daring the trial the Court room WAS
crowded with interested spectators from sullivan County
New-York tribune., 1880-04-09
THE COURTS.
wo LAWYERS LOSE THEIR TEMPERs.

There WAS lively scene before Surrogate
Livingston, OF Brooklyn yesterday. during the bearing
IN the O'Hara Will case The testimony for the proro-
nents was begun, and Coroner Henry C. simms was on
stand when ~ Cullen. who appeared for tho pro-
ponenis made a remark which brought exJudgc Samuel
D. Morris the counsel for tho contestants TO his feet
Was that intended for me I" no inquired exctedly
"Ithink Il would bo impossible TO insult yOu," re-
torted Mr.. Cullen.
What you say" Mr. Norris replied, makes no I'M
preston me. You are contemplate, brainess FOL
low" -,
.'nyou were outside the COURTROOM" said Mr. Gull
len, you would not dare TO say that"
Judge MOrris replied that Ii would make no dlherence
whc her side outside OF the courtroom. anu
elnphas,zed his remard with 4 vehement gesture, when
the Surrogate raped loudly for order aud declared that
such remarks not be erepeaied "Bnt this m1n must
not Insult me-" sad Mr.. Cullen; TO which Judge Morris
responded You cannot Overawe me. YOur record Ia
thin investigation and can say what please
about YOU"
New-York tribune., 1880-04-09
ARMY ORDERS.
WASHINGTON, April s.-The order assigning

Major Richard Lodor to special duty at the Artillery
School at Fortress Monroe, Va until May l. $780,
amended as TO continue hs ASSIGNMENT to such duty
until October /, 1880.
FirstLieutenant VIM. z. Brkhimer Sd Artillery
Acting signal Officer, duty in this city,
dered 10 proceed with liro delay practicable via
San Francisco and Vancouver Washington Territory TO
Dayton, w. IT, and assume charge OF the construction
operation aud maintenance OF the United States Mill
tary telegraph line.
Hospital Steward Augustus BragoRier Ia relieved
from duty the Department OF Dakota and ordered TO
proceed to whippe Barracks, Arizona Territory.
The leave of absence granted Captain Henry e. Cush
4th Artillery, is extended mont TO- and that Rrantei
F!rstLieutenant Hugh L. Reed, LIST Infantry, three
months.
Leave Of absence for six months, with permission to
90 beyond the se8,s granted dSecOndLieutenant Thomas
&. Woodbury., 10th Infantry.
New-York tribune., 1880-04-09
THE COURT OF APPEALS PROCEEDINGS.
ALBANY, April SIN the Court of Anneals

to-day the following business transacted:
No. 76-Sarah Van Amburgh others appel ants aot
Smith baker and others, respondents aEled by 81 H.
Horschberg for appellants submitted for rcsp0ndents No
l63-GeOrge Wade and Others appellante agf smith ~
Baker and others Respondents argued by 81 H. WeTsch
perR or appoiantsi submitted for respondents No lOi-
Isaac Dnckworh respondent John Roach and othes
sppelIants snOmued 10. l2o CHARLES W. Clifford ro.
argued by n. G. MOak for appellants: Saiinei
respondent, agi Alexander Aeker others APPEL
lants: argued by /. 4. Williams for appeii1nts q.
Francis Lafkn for respondent No lSO-Charies ~ Wh,te
head executor etc. respondent, agt James smith nlpI
etc argued by T. Williams for Respondents submfred Tor
appellant No zs9-GOttleb Grlsser ami another appel.
lants, agt Hollis l.. Power nDd respondent ar9ued v
John j. Townsend for appeants Thomas " Gator for re-
The following Court OF Appeals day calendar FOR Fri
day, April 8. 1880: Nos 1o9 "a Az 1871 I47 I51 i55 and
-SS ~A1