The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

POLITICAL into account tho provon skill and promptitude TJHE COLLECTION OF rS THSJUSWAY IlVENBNG, SEPT. 10. tbo omonnt of Mfier's flnnl Jndgment against tho city. A trial being hod, the occurrence of tbo original injury to Meier, und ilic neglect of the rctpondout to keep Bald covf mint were proved clc novo, uuil tho rocords of the cate cf Meier were produced lu evldoaca. The Couit nonsuited tho City, upou tho ground thit tli rc wen no evidcuco that tho Common Council had desifiunted a competent authority to superintend tho keeping of i ald uavercont in repair, as indicated in Bald covenant, and that such desiguatlou was an indispensable pre reyuit ito to tho performance of BUch covenant by the respondent, Tbe lolloping aro tho points upon whichhls argument wusljafid: I.

The intention and substance of the covenant clearly is to tax tho Railroad Company with tho duty of koop ing tho psvenient of the streets in thorough repair; while tho direction or superintendence reserved to thoi City has reference more to tbo munaer or stylo of performing Buch duly. See folio 44 of Case II. The pwformnnco of tbe covenant of tho Railroad Company to keep Buch street in thorough repair is in D0 8DDBO dependent upon tho exercise of tho City'B right to designate an authority to direct the execution of lhe work. A. Whether a condition of a contract is a condition precedent or subseyufut to another, depends, not upon technical words, or order of words, but upon the good eeneo and plain understanding ef the contract, and tho acts to be performed.

Barnard vs. Madan, 2 145. Cunningham vs. Morrell, 10 203. Seldeu vs.

Eringle, 17 488. 1)1 anybody maintain that in tho absence of this designation of a supervisory power by the Commou Council the Railroad Company could have torn up tbo streets designated in its bond, and leaving them in per petuul disorder, have still been within ita own intent and meaning of the contract? The idea surely was, that not only would the respondent keep the Btreets in repair, but, further still, it would ion, but either Sowerby or tho reporter is somo what vaguo in the definition of tho Soworby attitude. America fortified her claim to tho spooch mak vug championship of tho world through the effort of ono of her representatives, a Mr. Cameron, yesterday in tho International Workingmen'a CongreBB in BsbIo, Switzerland. Tho address, tbo telegram says, was "long," and seomstohavo been the chief feature of the proceedings.

By common consent.this is tho age of gab, and patriotism prompts the wish that the Bepublio may lead mankind in everything belonging to tho age. Let us then rejoice that at a practical working men's convention an American has proved himself the most gifted of gab, has made tho longest speech, and has developed speed, wind, "second wind," and staying power" worthy of the Harvard crew in another trial of strength and endurance. The South" American news is that tho Provisional Government has been established at ABunciont that the Allies have commenced active operations, and that a general attack on Lopoz' "last stronghold" is expected. Unless Lopez prove falso to his record he will find another last stronghold after being driven from the present one. Lopez' last strongholds are as numerous as the "farewell appearances" of favorite actors.

of Mr. Gttldot, they Judged his ofTor bust for the Fulton avenue Interests. The Eaole adheres to its expres sed opinion, that If wo do not agroo with thero, we can see that thoy may in wisdom and recutuao form that judgment." And their judgment will bo confirmed should Mr, Guldet, who has already placed his matorlnls on tho street, execute tho work quickly, so as not to obstruct tuo travel on mo avouuo longer thon can bo avoldod. If, howovcr, he should potior and fuss ovor tho work, asbaBbten dono on Fourth avenue, whero the street work has been six or eight years in hand, at au enormous outlay, and without any competition si al), undor Special Commission, the Eaole will donouueo him and the Water Board as unsparingly as it has thom The forty two cents extra price to Mr. duldet ovor tho lowest bid, will cost each lot owner nndor $25 extra.

The doing of tho work on the Fourth avenue plan, keeping tho street in hand sevoral yearB of a couple of months, would cause each storekeeper more dollars every week in loss of custom, than tho extra foity cents a yud to Gnidot would cost altogether. On a business thoroughfare, the olemont of timo iu which the work is to be done, affects its cost ten timos more than a few cents per yard moro or less on tho price. An offer to pavo Fulton avouue for nothing, at the slow pace of most contractors, would be dearer iu. the end to the Fulton avenue store koepera and property ownerB, than to pay Guidet twice over for doing it aa he has done Broadway, New York with as little do lay aa possible. Guidet pavo Fulton avenue promptly, and his work will bo cheap and satisfactory to thoso who have to pay as well as to tho genoral publlo wko uso the thoroughfare.

Iie EiU Posters' War, Te tfi Editor of ths Brooklyn EagU: Allow roe the privilege to correct a statement in yesterday's Eagle, concern the Bill Poster's War. It was Btatod in the Eagle that R. Lakeman was one of the firm of O. W. Lakeman.

ne is only a workman, not a partnt as was stated, and any thing unbecoming a manly action I will not indorse. As for a ro primand to me, that was not to. I had nothing to do with the caBe whatever. Ail I had to say was, that tho board belonged to Mr. Hooloy, and any ouo in my omploy interfering with tbe bill posted thereon must fight their own battle.

I Bhall protect my rights if I can. As for false swearing, it was not on my part. I am of opinion that, though there is an inclination to crush my reputation, honesty and truth will stand the longest wilh honest thinking people, as I have never destroyed or ordered to be done anything unbecoming a business bill poBtor. My Fifth avenue bill board on Flatbush avenue was defaced the Bame way, but we did not catch them. With this small favor, I remain yours truly.

c. W. Lakeman. Tsna TKADES Oabpentebb' and Joiners' National Union Third Dai's Proceedings Tho fifth annual convention of this body assembled again this morning at No. 22 Court street.

Mr. Phelps, President iu tho chair. The meetina was called to order at half past niuo o'clock. The roll being called, two or three ddegites were found absent as well as the two vico Prosidcnt and Treasurer, who is sick iu bed. Five Committees then gave iu part of thoir reports, the Committee on Colored Labor gava iu a full report which is as Rcsohed, That wbiln wo sro fvr willing to extend the right hand of fellowship to every laboring man, moro especially to them of our own craft, wo believe that thu prejudices of many of our ni'tnbors against the colured people are of such a nature that it ia moftin expedient atpropent lo admit them aa mombers or to organize them uuder the national unions.

Koa pcclfully (iibnultcu and signed, CnAS. T. CltAKE, E. ItOSEMAN, John Dukkhe, Committee ot Colorod Labor. A wns then male ti, nominate officers for the fuelling jear, and omo' ded to I.

iy over un'll twj o'cli cli tins aitcninnii. Tut: Convrntiou I hen adjournnl to meet at two o'clock p.m. All th.i delegates, with lhe exception of a low, aro ugiviuit tho admission of tho Papur Stainers1 Sthikh. The workmen of the paper staining establishment of Itobert Greaves in Carlton avenue, were ordered on strike yesterday. There aro eight similar establishments in this city and New York, which employ upward of ono hundred men, at au nverago psy of $18 por week for water color work, and 2i) for oil work.

Last Monday a demand for a general advance of S3 por week, aud fifty cents per 100 piece, was made, ODd having been re fiiped, iho operatives aro now striking. Tho workmen of both cilicB sustain a union. mew fall goods, AT S. B. JONES' (Late Johnson Co.) FRENCH FLOWERS.

FEATHERS, FINE RIBBONS, BOWS AND SCARFS, SATINS AND SILKS, 8 LACES, EMBROIDERIES, RUl'FUNGS, TRIMMINGS, FRINGES AND GIMPS, BUTTONS AND BRAIDS, SMALL WARES, FANCY GOODS, tc, AT POPULAR PRI0E3." S. JONES. (Late Johnson A 276 FULTON 8T, Above Clinton, opposito Tillary at. Bolfi 2tTbAB personal qualifies than on tho party platfonus. Wo nan tfndorstand tho Radical voto falling off largely, for Genoral Gnmt's Prosidoutial career thus fur must have been a perfect wet blanket on tho enthusiasm ot his former supporters.

But why tho De'nv ocratio voto should havo fallen off in nearly aa great proportion is not easily to be ex plained, lhe Judiciary railroad scandals in New York State may have had something to do with it they certainly are the only visible tacts ot tne day which even by remote impli cation can be supposed to throw discredit on the Democratic party. But, be the cause wnat it may, there is the fact the people at large, Democrats as well as Republicans, seom apathetic in politics, save in California, where tho Chinese labor question swept tho State for the Democrats. Local politicians probably will not be slow to interpret the lessons of the Maine election, These are twofold the one, that third party movements this year amount to nothing, and the other, that the vote on both sides of politics will be unprecedentedly light. The news from Ohio and Pennsylvania next month may change tho aspect of affairs; but if those States are influenced by the example of Maine, it will probably result here and everywhere that the elections will go almost by default in favor of the parties heretofore in the ascendant. The majority relatively will be as before, but actually it will be very much reduced.

Such are the inferences to be drawn from tho result in Maine. The late of the temperance ticket shows that there is not enough feeling in political matters this year to make it worth while to stake any valuable cause upon the issue of the to be half filled ballot boxes of 186. The City in the Courts. Wo report to day two important city law cases just tried in the General Term of the Supreme Court. One is that arising out of Ferdinand Meier accident, on which we com mented recently.

The other is a case full of technicalities of assessment law, in which the city is evidently wrong on the merits, what ever may be its fate on statute interpretation, It seems Mr. Tobin, a contractor, filled some vacant lots by order of the city government, and then the city remitted some of the assessments which were levied to pay for the work, so that there did not remain money enough col lectable from the lot owners to pay Mr. Tobin the amount he had earned. The City's defonce is that the Common Council and the Collector respectively exceeded their power in remitting or reducing the assessments. This, in equity, is no reason why Mr.

Tobin should not be paid tho money he had earned and if we had a properly organized concentration of power in tho city government, Mr. Tobin would have received the balance of his bill without haying to go to law about it. In such a case, where public work has been bona fide executed, if the law does not allow and oven compel the city to pay the contractor, the law is bad or defective and ought to be altered. The trouble is, that the owners of vacant swamp lots have always had too much hand in framing our local legislation and 'doctoring the city charter. They havo desired to hold their property unimproved, until it roso in value and could be disposed of at an enhanced price.

And, meanwhile, as they were deriving no revenue from it, they were very anxious to stop the city from causing it to be filled up, so that they would have heavy assessments to pay. To accommodate this class of property owners several very unsound restrictions were put, from time to time, in the city charter, fettering the hands of the Common Council, preventing many useful improvements, or, as as in this case of Mr. Tobin's, interfering with the payment for work actually done. Thus there was one provision which limited the extent to which lots could be assessed, in proportion to thoir assumed value, irrespective of the actual benefit conferred there was another forbidding street filling, however needful to be done, without a petition from a certain proportion of the local owners and so forth. The general needs of the city were ignored the special interests of the low lot owners werercarefully conserved.

By this a great deal of useful improvement has been retarded, and many unjust difficulties have been laid, us in tho Tobin case, in the way of contractors getting their pay for work done. In this Tobin case the Common Council and Collector probably were forced by one part of the law to remit these assessments, and then by another part of the charter they are held blameable for not having the money ready to redeem the certificate they had given to the contractor as evidence of his having done the work; so that now the Corporation lawyers are put in the disagreeable position of having to go to Court to prevent a man from getting pay he has honestly earned, and to set up in defence against the claim, a plea charging delinquency against the city government in whose name thoy appear. There ought to be some way of simplifying tho charter, and condensing to a common head the duties and powers of the city authorities. At present, this Tobin caso proves that under certain circumstances the city has not power to order necessary work, except at the risk of having to go into Court to litigate the contractor out of his justly earned pay merjt. Atlantic Avenue A Delinquent Commission.

We understand that, as yet, the Atlantic Avenue Ccmmissioners have not made their report as to the cost of tho improvement, notwithstanding tho Act passed last winter required them to do so some three months ago. In order to have any porcion ot the same included in taxes to be levied upon tho property fronting the street this year, it is absolutely necessary that thoir report should be made at once, in order that the Assessors may apportion the cost as required by law. Tho following table shows the amount raised upon the first twelve, Twentieth, Twenty first and Twenty second Wards, during the past seven years, for this purpose, from which it will bo observed that we are not only raising from the people at large the interest on tho bonds issued, but also the principal, of the money which the street received as a loanfrom the city For For interest, principal. Levied and raised iu 18f2 8i00 Levied aud raised in 1803 5,070 Levied and raised in 1SG4 5,670 $15,000 Levif and raised in 18G5 7,560 Levied and raised in 18r.fi 4(8fi0 15,030 Levied and raised in 18G7 4,715 15.0U0 Levied and raised In 1808 5,560 20,000 Tola1 834,725 880,000 Required to bo raiBtd this year, aa per Mayor's Budget' to Joint Board 8,700 20,000 Total 38,515 SIOO.OjO These amounts, with all the others required for local improvements of the above nature, are raised upon the old city of Brooklyn, which, with the Park debt, go to make our rates much higher than those of tho wards of the Eastern District. One of the Commissioners of Atlantic avenue is absent from the country, or he, being a good man of business, apt to attend to his duties, would have made the required report; but surely among the others there is enough ability and regard for law to enable them to make out a simple report, in order that the matter may be wound up.

The city authorities had better apply for a this Commission any longer delay complying with the law requiring them to report and wind up the too pr otracted affairs of Atlantic avenue. HOl'ICS OF TO DAY. Tho Woman's Bights people cannot be charged with ingratitudo. If thoy know how to severely crush Greeley and other male citizens who differ from, thoy also know how to exalt the men who endorse, them. Last night tho Woman's Suffrage Association adopted a resolution informing John Stuart Mill that "the women of America as well as England owo a lasting debt" to him for his recent book.

More than that, Mrs. Stanton announced that a National Convention would bo held next year "as a tribute of rospeot" to the said Mill. Vory affecting and. perhaps quito as practical as we have any right to expect. It is well enough for Stanton, Anthony, Oo.

to issue a due bill of gratitude to Mill on thoir own when they assume to speak for all tho women of Americp, and England, the authority of thoir utterance may properly be questioned. The great majority of American and English women will havo nothing to do with Stanton, Anthony, Co. and their works. There is not unanimity oven among tho few who attend thoir meetings. Last night a Mrs.

Broneon ruffled the complacency of the self constituted loaders 'of the feminine reform by saying that "she did not believe in the franohise," and that "woman would not be benefitted by it." Miss Dootor Sowerby (I) seemed to incline to the same opin candidates1 OOALI STEARNS 4 GOHNWELL, MONTAGUE STBIiKT. FIRST CLASS COAL. AT LOWEST PRICKS. Bcl5 6t' COTTAGE SEWING MACHINIS, IMPROVED. PRICE TWENTY05TVE DOLLARS.

This msclnno makes tho dotiblo loolc Hitch from tm spools, and for family lowing, dressmaking or olotli work, has no superior at any price, being equal to any ilrst clisi machine In the market. OUTTAGB SEWING MAOHLYK sol3 6t 8(i Kulton ava, Brooklyn. ESTABLISHED 1843, GEO. HUDSON A SONS, CORNER FULTON AND YORK STRBBra, Opposite Old Stand, TO Fallon at, PLUMBIiRS, GAS FITTERS, PAINTS PAINTERS ARD PAPER UATTOEB8 OILS, BRUSHES, ULASS, AT RETAIL. BT" Work in oil tho above branches promptly exooaled by competent workmen, and aontracta mado for uenoral ra paiis in all department under our personal nupomsion.

mhlSM GEO, HUDSON SONS, THEO. W. BAILEY SONS, niJAT.TcIKl TW CARPETS, OIL CLOTHS, DRUGGETS, RUGS, MATS, Eto. BOURT STREET, OOR. STATB, (3 Blocks from City Hal),) BROOKLYN.

ee08ir.osSTuTh5; BAICHELOK'S HAllt DYK. Tins splendid Hair Dye is tho best in the world tbo only trueand perfect Dyoj harmless, rclmhlo, instantaneous: no di apuointnieni no ridiculous lints; romodios tho ill effects of bad dyes invigorates and leaves the Imlr saf and hoau. tiful. black and brown. Sold by all DitiKRists and Perfumers and properly applied at BATCHELOIl'S Wiff Factory, Hi Bond street, Mow York.

TuThAStf USE JEWELL BROTHEHS' Favorite Brands of FAMILY t'tOUR, "PASTRY" AND "NASSAU;" Also their SELF LEA VHNING FLOUR, I'lottr fttiarnntced and delivered to any oart of tho City. For wile hv all Grocers. BROOKLYN CITY MILLS. "021 lj 2, 4 anil 6 Fulton st. LOST ON ATLANTIC ST, BETWEEN Fourth ave.

and Nevlnsst, HAIR 111 NG, marked inside H. 1. Ibo findor will bo suitably rowarJod by aving it at 6:3 Atlantic st. H. L.

DALE. LOST 10 REWAKD ON THU US DAY uiorniDjr, Sept. 16th, a small black un.t taa Dl HI nn Miirstothi; mime of bail on a smill red collar. one returning bin) to Hudson avo, ivil raceivo the abovo reward and the thanks of tho owner. ft OST IN FRONT "OF 227 WASHING I ton avo, a BLACK SATCHKL.

on tho siiloivnlk lit about half past 7 P. M. on the 14th inst, tho initials U. J. F.

onnncind. I ho finder will bo liberally rowaruVd lv Inav iugit nt 272 Washington avo. Mis. C. J.

FISHER. HOU NB ON ISDN ESD AY, THE1 5TH iu T'lushiPK nve, a own HORSK with snro on tbo neck. Tbo owner can havo it by proving and baying expenses. 1'HOS. MoNULTK 11 Clinton avo.

bcloi." A CIRCULAR FRONT COUPeThORS'? and wanted, in good order. Address S. oilco. COUNTRY A RD for hoiacs for summer anil full, or throuc'i tho winter, if ilobired, For inquire of J. S.

MAUK AYi 20 Court st, sei4 6t FOR SALB AT A SACRIFICE IN elegant top wagon, used but little, in perfoet or.lor. lcquire ut A Hoyt Bt. bo16 2t FOR" SALEA THREln QUXltTE truck, in good order; can ho usoil single or double. Price. HUTS.

Apply at Ko. 2 Navy Bt sulii Ut IOR SALE A BAY MARE. LIGHT GO1 nleapuro wacon and harness, vorv low. Annlr ut. Mn.

(JOVkKN'S Livery Stable, Love Livne, between Hicks and Henri' 8016 it" 1lOR SALE A PONY TOP PHAKTON, L' nearly now, prico May oo seen at private stithies, in DeKalb avo, between St. Felix St. and Fort Grnano placo. B0l5 3t' IjAOR SALE A YOUNG SORREL JL' mare, full 15 banns; can trot botttr than throo m'm uf.B Rooa Btylc, and will tbe stables, No. 4 Vino be sold at a bargain.

Inci'iim at Bout 7OR SALE A NICE COUNTRY ROCK JL awty or Democrat Wauon. two top can ho taen off; also a single harness will bo sold, lit a bargain Apply to JAMES RILEY. South Brojkljn, corner bond Unicnsls. solBSt 7OR SALE A SPLENDID ADDLES JL marc, 15 hands high, sovon years old, kind and sounn, can trut fast anil ia on of tho best ro.td horses in Brooklyn. To bo seen at MYKR'3 Stable, 251 Raymond Bt; sold for wantofuse.

sel5 2t" TPf ORMS BLANKETS HHiSEBLANK JLJL All tlylca ind qualities; Lap Robes, Mats, nailers, uosettes, etc. ino best rc low prices. MAGNUS BROTHER; 3, 101 Fulton st. Now York, sol nn" FOB HAVE jOR SALE CHEAP A MILK ROUTK eelS 21' AOK SAL ONE OF THE BEST LO cated pews in Dr. Ouylor's Church.

Address A. Box 307, N. Y. P. O.

solo 21 H1 OR SALH CHEAP A GliOCsiRY Apply at 111 liutler Biore. drioi? a rood cash trado stroet, BrookljE. 3J10 4f ILOR SALE A CIGAR STORE. Off Myrtleire, iriih nr nithoul Slock; if bought at onco. cun he got at a very low price.

Apply to HCUAHD MARX :7 Fulton st, opposite City Hall. sU 3t 1MOR SALE THE STOCK AND PROP Jt erty of Livery Stabln No. 270 Myrtlo avo. The buai wub carried on by tlie late John IJelaiiy and dninj. a thriving (rudo.

he block will he told and premises leased if desired. soliift' ITOR SALE A GOOD CHANCE FO tt A A (Sermon Tho stock, fixtures and good will of a well (SfaMlfhert fniniiv grocery and fine wiam and liquors, an excellent, situation in tho i ity of Brooklyn, doing a BD'cn din cash business. Apply, by lottor, to Eagle otlico eel nat" JfOR SALK HKNRY BOYLK OFFERS JL' his entire stock of first class mado furnituro cost, consisting of parlor, bedroom, dining room and kitchen furniture: in fact, every thine in the lu.usi'kcHiiin.' dun. Call at lOi Atlantic st. tit" 171 OR A LE TH ENTIRE FURNITU RE of a throe felofv.

hrick hoiiRn. ennRlqlini? nf dnnrtln parlor seta, diniug coom, tfiicben and four sols of chamber immune. and "caoiug, carpets, all new turuiiuuat: cost SM.Uffl; sell for i700. Apply at ROZliLL'S, IV.I M.yr. tlo ave.

near (Jleiniont. 7OR SALli A FIRST CLASS ROSK wood piano, ffitb ercrT imnrovp.menf.: carved lofrq. lyre 'an:) desk, overstrung bass, agraffo treble. Ac. fully nuirantrrJ nn in usr biiicr May Ipi will he sold, if UK this week, for S37S cash, aa the owner is breaking up houin krepiiig.

Cau bo seen after 5 o'clock. P. at Pncitin st, mar Powers. solo 2L JjOR SALE LIQUOR STORES, Bit liard salooi.B. ri'Mjiur iDfcs, hotels, "roperies, h.ikorios confeclii ncrit cigar sior.

Bample rooms, boot and aline Innc.v good stores, div cooil ston s. meat market. mnrkit stands, drug stores, soap manufv.tories, vinoirur miimUf ctori's. c. teat.

MITCH I' LI. 'a Old I' tah lithed R. al Estate and Storo Agency, 77 Collar st, N. Y. seiDitDa SAT.E TO GROCERS" AND il? r.utchcTB Tho stock an I fixtures of a corner grocery store newly titled tip: twenty years established, an I iim a good husiuess.

Satisfactory reasons given for ar Uini? nt vcrv cheap, wilh privilege of renting tho whol which contains sevrn rooms AIpo, stable. Inquire on tho premises, to AalDKKD KKNT. southwest oornor of Fifteenth tt. and Sixt'i ave, South Brooklyn, sold it It HA I. liTATE fr UUt SAaiKt IjlOltSAliB A THREE STOivY FRATlB JL' house.

in good order; will bo soid che.ni for cash; 21 1 l.itilo WaHr st, between Hudson avo. and Littlo Et. I'or further particulais.inquirc noil door to said house. 6el6 2t I7 OR SALE OR CXCHANGE A FIRST class Unco story browu sloue houdo, with alt mo loni iniproviment situated, would bu fxehnngea for builtJfrK lots. Apply to UATHAWAY AlOOllivS, HI Giitesave.

solC 1 HT'OR SALE HOUSES UP JL wards; Sf.ros on Fultou and Atlantic sts and Fulton ave, $2 ton iwsb, $3,000 mortgage; to buy house nlr illy Ircntcd. well built, anil continuing 15 rooms, Apjdy ti H. T. BEERS, 37 Fulton and 21 Court sts. selti 3t" FOR SALE IN KOOKLYN A BAIl gaiu A 2 stoiy, luisomont and sub.r.ollar frimo bouoe, idled in with brick man.

le luatlels, IUhu, waltr and Prico 1,500. on Olsy terms. Kevnu ttcntn si, between 1'ifth and Sixth aves. K.GALLACUEIt. eel St IT'ORSALE ONRROORLYNHEIGHTSi .1 near Will Bt.

ferry, locati unsurpassed, a throo story tflscmeDt find uuh cpjlur brick house, 25 by 60. A iniT'rovpmouts, and in perfect ordor: fnrni hed or unfur uist.cd, I eruiB eaey. Apply to A. B. Davenport, 357 t'RUCtt.

stlS6t FOR SALE CHEAP A NEAT TWO story. Irame bouse, with brick basement and sub cellar; eight r.ionip, gas, wumr and marble mantels, Ac; wif.liin three n.ii.utcs1 rpillr nf four lines of mint kn h'n 1. ttrmseiity. Apply to T. McCOMB, Thirteon'li st, between 'I bird and Fourth aves.

sel6 2t FOR SALE THK WHOLI? OF THB two store fronts, nn ths corner of Fulton and Clinton B's. Brtokljn. with cornico throughout, nboitk 51 feet lonir, storo windows protecting cn brackets; tho whole ompl and in good order; to no told, aa immndiattiy ti be removed Liy the owner. Apply on the premiseB. Belli BOR SALK $2,500, POSSIBLY LKSS," 3.

with hal.inco on time, wiii Eecuro an os'abth'ied Steve, worth from six tn ten thousand dollars a yoar; long leao, well located, no knowledge of thu business rcauirvl cirenmsinncee olbte tlie proprietor to Boll. Address NO BONDS, Kagle office. 7HR SALE CHEAP, THE THREE JL1 ttory, liascmert and sub collar briok bouo No. 201 Gun mi placo, high stoop, brutvu stone trimmings ami nil the modern imi rovciLtnts, lot 20t5ilC0; location go id, and iih 15 ininntes' rme of eitner ferry; only rps 0110 che b.ilnnce can rcimiti possession to suit. Can ho soon at an) time.

WOK SALE BROWN STONE FRONT A fine 1hiee Btory, high Btoop and has iment, brown stone fr.uit House, quite new. containing all the improvements hot andjcohi water to third atoiy; beautiful or icr tlTOUkliout; location exeepent, and convenient to car3; powession immediately For keys, applv to A. KNO iVl, 'J UN'S ON, S. E. corner Fulton and Portland avoa.

8iOR SALE ANBW OCTAGON COT if cnulainicy seven rooniD, water, gas and range, lot SsirlCH, heaul iful court yard, with two cherry trees, flow eis, evergiems, forty minutes to NewYoik bj throo lines nf tars. most. eauiiful location in Brooklyn; price cash 5W, can remain four years, bjlance in intta'lmcnts; also, a houso und lot for cash $7i)0, close to the cars. etc. Apcly to KAAC S.

BRUNDAGB, owi cr, on piemises, Van Bureu Bt, second door from l'atch cnave. TTilTR SALE J. Jto. CORNKLL, COtt. OF ft.

Court, and Joralemon sts, opposite City Hall. Franklin uve. Jl i tory f'rcrjch root, alt imp, brick Union st, slory brown sti.ne. all imps, 11.10 DeKaln ave. store nronertv.

storv brick 1" llW Union st, 3 etory brick, all imp JO 'w Gates ave, 4 storv brown stone, all imp Hart st, 3 atory French roof, al1 imp Atlantic Bt. 32 story brick stores, together Dean st, 3 story brick, all lrfcp D( uslasa st, 2 story and basement briok Willow st. Heights, cottage Putnam ave, 3 story brick, all imp IS 0110 16 OHO 8. tWO t.M) iyi iy FOR OTHER FOR SALHS SEE FIRST PACE SPECIAL WO'J A YOUNG LADY DESIRES A SITUA. UonaaalloBiogor inaBiooHlyn oholr.

Address C. Ji.7Box5,3i7, New York. 60lo2t" BROOKLYN, SEPT. 14TH, 1869. THB NIAGARA hUCIAL OLUB, reorganized Sept.

11th, 169 The following officers were electea Edward McLaughlin. President; Lawicnce MoCormtck, Vice President; John Stringer. Secretary; Petor ieehly, Treasurer. TQKOOKLYN MOURNING STORE, 4(5 J3 WiUoughby et, parlor floor. All kinds of Mourning Goods, in white and black; crapo cut on tho bias; tritu miiics, lro loci a.

up; crape, Brussels net laoeand widow veils; kid and Bilk glovos; mourning bonnets, ians, boIb, widow caps, eto. Kamilies qoing in mourning oan have coodB for stleotion sent to thoir houses; goodsmade to order, to suit the customers. YY. RE MB Lit It J. seldlm OUgE PAINTING AND GRAINING, ohcap for cash, WJgea two dollars per day; rcfenrauca Address BuSS PAINTER, HaiUheet, Kan, Ur.Qok.lyn, iel6St OOALI Census Tkebs in Request.

In nearly every ward certainly In half tbo wards tho Republican ward associations have boon split in two, and the Bliss nun are busy registering in ono aesoclatton and tho Godard men in anotbor. Tho inducements to outsidors to join in the fun are considerable. Tho E. D. Times Btatca that at East Now York "considerable Federal pap was 'distributed round last evening in the shipo of positions in the Navy Yard and Custom House, by.the giving of welcome orders to certain parties to report themselves at those establishments this morning." Experienced census takers must be in request in order to manufacture majorities in tho rival registers, bo as to determine which faction is tho Simon Pure party organization.

Meanwhile tho new Dutchor Godard alliance controls tho General Committee, and the common imprfBfion is that at the State Convention the Bliss men will be adjudged schismatics. A great deal depends, however, on the manner in which the Now York Republican rival committees are disposed of. If the country Republicans attempt to settle all tho differences of their party factions for both cities, they will have enough to do, even if their State Convention sits until after election day. A Oaeioatubb, Much sensation has been excited in political circles in the Eastern District, by the exhibition of copies of an engraving which is supposed, by the evil minded, to bo a oaricaturo on the personnel of the Water Board. The design represents a pair of scales, in ono of which la a pair of spectacles supposed to be emblematic of Northup, a necktie, presumed to represent Fowlor, and a chowder plate, intended to designate Bliss; in tho othor is a goose quill, representative of Kinsells, and the feather winged light weight is represented as weighing down the entire contents of the other scale.

"Ilia meaning of this," as Bunsby says, "lies In the application thereof." "Respectable Dummies." The dodges and tricks of ward politicians are manifold. Here is ono which we find complained of by a committee of inrea tigation into thB affairs of tho Thirteenth Ward Republ lican Association. As near aa we can judge, the report is in tho interest of Ex Senator Strong, tho leader of the conservative wing of the Republicans of the Thirteenth, Ward, and is designed to operate against the Bliss faction of the ward. We are told One other subject In this connection, having a near relation to it, though not directly in terms embodied in the resolution, yet included properly uuder thB title of investigation of fraud with which this committee le charged, will now for a moment claim our attention, and that is tte reprehensible practice permitted by the General Coinmitteo of electing respectable dummies nr stalking horses to the General Committee, so as to deceive the public into the belief that they are gjit ting tsleDt, iDfluouco and wealth or wiBdom into the councils of the parly by voting for them, whilo they aro (inly put up to make plico, by pre arrangod resignation, for others who would not dare to offer themselves for tbo suffrages of tho public, and who thus are by trickery enabled to hold high places by falso and exercise an undue influence on the destinios of a great party. Much, nestTly all, of the wrauglings which distract, our rtmt party of progress injthis couuty grows out of tho machinations and of tiiis cla3 of tuck Blair politicians to slip into places unbidden by the people.

The "great party of progresa" is evidently in a bad way. The daily revelation of "wranglings which distract" it, and of tho mere onary motives which inspire its various factions, are euough to koep evory decent Republican fiom tho polla this fall, and iu thousands of instances will doubtless have that effect. The Democratic Delegates. The Kings County Democraiic delegates to the Siato and Judiciary Conventions, elected yesterday, are ou tho whole good and creditable representation of tho peopla of the couuty as well as of its politicians. For the State Convention, of tho nine delegates only two are living, by politics; sovcu aro engaged iu self support'ins industry, one being a banker, two lawyers, one railroad president, and only one a liquor douler.

The nine judiciary delegates arc not quite so fitly selected in all cases, yet there is a decided preponderance of well qualified men for tho fit choice of a judge. Four are lawyers in uteDsive private practice, and one is a Judge; but to a Judiciary Convention moro than five Sawyers out of nin should have been sent. Of tho other four, ono is a loading contractor, oua a clerk appears from tho Directory, his name being unfamiliar in politics), a third an officeholder, and tho fourth on fficeboldcr. On the whole, therefore, this Couuty willba well and fairly represented in both conventions. The aspect of the State delegation indicates the re appointment of the prosent State Com mitteeman, for it is not to bo supposed that the delegation will go outside of their own body to moke the selection, and of the nine, five have not the leisure or means to fill the office, while of the remain iLg four, onelias held It; another, being in Congress, can hardly fulfill its duties.

This brings down the possibilities to a choice between two men, of whom oDly one is likely to make the required push tor his own exaltation, State Politios. The' New York Times made a groat spread yesterday ovor an articlo in the New York Sunday Atlas, which it erroneously labelled, instead of tho Leader, as Mayor Oakey Hill's "organ." The Atlas man, iu his anxiety to laud and magnify Mr. P. B. Sweeny, undertook to reveal a supposed conspiracy of ex Governor Seymour and ox Lieut.

Governor Sanford E. Church, and other eountry leaders of tho restrict the growing influence of the New York City leaders in State politics. The theory developed was absurd on its face, being inconsistent with, a number of known facts. But its falsity was most clearly Bhown this morning by a despatch from Rochester, which shows that Governor Church, insteod of being engaged in a plot to Jay out Mr. Sweeny, is lying dangerously ill at Rochester.

Therefore all the Timet' hopeful predictions of a split in the Domocratio councils between city and country, are knocked on the head, as the Atlas man will be, metaphorically, if he thinks to gain any credit with Tammany for writing down an imaginary cabal of the country loaders agaiust tho city men. We see no prospect at all of such a contest as the Times calculates upon. Thomas' theory ignored two vitai elements in any such controversy as he imagined namely, Governor Hoffman, and tho Brooklyn Democracy; both of which influences are potential both upon the country and upon the city leaders of New York. AS matters now stand, Governor Hoffman is as Blrong in tbo country as in the city, andhas personal firnmeEs and party power euough to suppress any riEieg differences between city and country; besides which Brooklyn stands as umpire, able to turn either way, and therefore able to dictate peace should' any commotion arise which, however, thus far oxiats only in th6 imagination of the A Has' writw. The Nineteenth Waud Aldebman.

It is eaid that Alderman Fieher is out of the race for the Republican nomination, and that Mr. Josoph Knapp will be brouht out by tho Republicans as a successor to tho prosent popular and esteemed reprecentativo of (he Nineteenth Ward in tho Common Council. Aldcr mau Fidhei'a claims the Mayoralty nomination of Lis ptrty aro being pressed ia somo quarters. They certainly could name no moro honorablo or competent candidate than Gcorgo H. Fiihcr, who has beeu not merely un Alderman but an Assemblyman without ro pioach from political friend or loo.

Gbeenpoint! The rival organs of the radical politicians at Grccnpoint Intvo uisgtisKd tho peoplo tbtio with local politics altogether. A correspondent ibis morning aigning G. remarks; ''Wo were pleased at GreeDpoint to read tho proceedings of tho Citizens' Association on Tuesday last. The peoplo here aro utleripg from high taxes and as far as Grecupoiut Is coi ceriied, it is a subject of diacuasiou whether tho annexation of our town to Brooklyn ia not going to prove a rather expemivo job." Second Wahd Citizen's Reform Movement. The citizens of the Second Ward assembled iu lito numbers last evening at the headquarters of tho association, No.

103 Fulton street, for tho purpose of joining the movement for reform in our municipal affaira. Tho meeting was called to ordor by the Secrotary, Mr. David T. Lyncl), who stated that tho object of tho meeting was to put down the political harpies" who had succeeded in taking out of tho hands of tue peoplo the management of thoir own affairs, and placing all power tho hands of irresponsible bodies who aro beyond any responsibility to the peoplo. Ho said the President, Mr.

Francis Mar key, was called away on very urgent business, and moved that Mr. John B. Pitt act as chairman, pro tern, which was carried. Tho meeting was addressed by Messrs. Rodney Church and E.

Cleave at length, who called on the. citizens to join tho movoment and help wipo out the corruption which they claimed now exists iu our municipal affairs. Oeeice op the Citlzehs' Refobm Association' The Citizens' Reform Association have hired room No. 9 Phenix Building, Court street, which is now being fitted up for use as an offlco. It will be accessible to tho public, and bo.

used chiefly for the executive work of tho AsEOCiation. Ilio Avonilaio Fusid Meeting of Welsh. Citizens iu NcwlTorlc Last evening a meeting of the Welsh took place at the Thirteenth (street Welsh Church. The mee; iug was organized by choosing John T. Da rlos, President, Messrs.

Morgan, Builder and others, Vice Presidents; Henry M. Morgan, Treasurer; and Messrs. Morris and Roberts, Secretaries. Tho Cliafcmau called upou Mr. Wm, B.

Jonf to address the mooting. Mr. Jones expressed a satisfaction for tho sake of our common humanity that the borriblo charge of having sot the mine on fire had not been Bustainod. Ho know that a great many ot tho Welsh in New York and Brooklyn bad ulrcady contributed, but he believed this movement wonld add something to what been done. Ho hoped all present would contribute according to tbelr means, and thus aid iu alleviating to soma extent the sad condition of the widows and orphans of our late unfortunate countrymen.

Othor gentleman spoke briefly, after which the collectors went round, and lie handsome sura of $495 was raised. This sum, it is expected, will be further augmonted during tha next few days to at least one thousand dollars. Subscription books hoving been givon to gentlemen residing in Now York, Brooklyn, who will call upoa their friends for contributions. The Vine Steeet Home fob Homeless Boys. Wo were wrorg in stating in our Ibsuo of yesterday tnat a meeting of the Society of St.

Vincent Do Paul, bad been held on Tuesday evonius last, at tho Poor Boys' Home. Tho meeting in question was ono of tho "Trustees" of "St. Vincent's Homo for Boys," and was held at tho "Home," 23 Vino street, for tho purposo of organization, Thero aro twenty six trustees, and tho certificate of incorporation undor tho general law of tho State has been duly filed; and all the legal formalities having been complied with, tho trustees hopo to have tbo Homo in successful operation in a few days. Tho following compose the officers of the first your: President, Right Reverend Bishop Laugulin; First vico Profident, Bornord Bogan Vice President, FranciB Curran; Recording Secretary, James K. O' Mohoncy Corresponding Secretary.Charles O'RIolly, Executive Committee Richard Tcrnan, John Lane.

Iboroas O'BrioD, Jr Charles McConnoll, Michael Eer win, John M. Farrell, Thomas Johnson. Reception Committee Thomas Horan, Thomas Code, Miohaoi Lriwrey. In the Baulk of the Sd of August, we expressed our views bo iully, on tha immense importance of providing sustenance and instruction for tho stray walfB of wo deem.any further observations unnecessary, beyond hoping that tho charitable and philanthropic will find the Home, 23 Vino street, and judge for themselves. Run Oveb.

At six o'clock this CharlesWard, forty two yeora of age, residing ou Hicks, slreot, near Congress, was run over and slightly injured, at the corner of Court and Bohermerhora streets, by the butcher's wagon of Stephen FoltoiS to Contractors Oamo oi Filling in Some tyacanC ikots Suit to ISecovcr the Sam of Sl5ta from tbo City, fcc, SUPREME COURT GENERAL TERM Judges Tap PEN, GltrEUT AUD BABNABD. John D. Prince, Plaintiff and Bispondmt affst. the City of Brooklyn, Defendant and Appellant. iLis case was argued at the General Term of tho Su premo Court yesterday, and involves somo principle which' are of interest to all contractors who do work under the direction of tho city Authorities, Tho caso was arguod on behalf of tuo city by Mr uei tu uuuuoou, ino AaanMuo uorporatiou Counsel.

Mr. Cu.lcn, of the firm of McCue, Hall Oullen, ap' pesreu lor ino plaintiff. Mr. Cullen opened tho casa with tho following stato In the year 1857, the defendant having passed an ordinance for the filling of certain vacant lots.enteted into ni iTttvatt with nnn 1 ii. 7 lumviioiuivuuw JLUUIU IOr lUe WD ICQ rnntract nrnvldarl fnrlTnlrin'a numit aj 1 fujiuuu uui Ul tUU IVJBtjaO meuts ior tne improvement, whon thA.Rnma lectedby defendent; and also entitled Tobin, on the wuiponuu ui ira auii, iu iBceive coruncates signed by mo ijij luiuuuuco, iui uucii Bums as suouia oe duo him, payable with interest.eut of the assessments when collected.

Tobin carried out his ft certificate (amonR others) for $L5UU and interest, pay! BUlDBBttUUIDDIBKflO) 10311311 iO Him. JLUlSCGrtlU cata was afterwards assigned to plaintiff. Aa assess ment ior tne wora was laid, and a warrant for the collection of the same issued in 1861. Defendant claims that tne premises assessed were offered for sale. How ever tms may Be, tnoy were not sold.

In 1887, tho Common Council of the defendant naseed two rflsniu. tions set forth in the complaint, by which th07 directed the reduction of some of the assessments, and the total cancellation oi Diners, xne collection ot taxus aud as sessments, in accordance with these resolutions, bo al tered the records of the assessments some assessments were cancelled others were reduced, and sa reduced were pam oy mo properly owners, ana atscnarged or record by tho collector, who received such payment iu full satisfaction of the assessments, The result is, that kb me icuuiu omuuu, uuu mso roauiy, 11 tue resolutions passed by the Common Council aro valid." there are no assessments for the Improvement outstanding or uupuiu, uuu ijo pan oi me luuu remaiuB in tne UUy Treasury, whatever has been collected on the assessments having bean paid to other parties, or for other expenses connected with the work. Nothing has been paid plaintiff on his certificate. Plaintiff domindod of defendant poyment of the" certificate and tha same was refused. Plaintiff then sued defendant for the amount ol his certificate, and on the forgeoiug stato of facts recovered judgment in tho City Court of Brook, lyn for the full amount; from tlie judgment in that Court this appeal is token.

There is no dUputoasto me iacis oi me case, aun tuo question orougut beforo un; uvuri is pimpiy odo oi law. The following woro the points of his argument. It is noithor claimed tint deleml.ut wjs pri matily liable for the naiiment of the cortifi 'at. nnr thai it irould havo been in any event, had it performed us iuu uuiy unaer mo conrracc in laying unu collecting the assessment. But bv that contriot lay tbe assessment and to act as the agent for tbo plaiu tiii athjguur in lis collection auu it was ulao b'juna louse, due diligence in both of these acts.

Whorover it fails so to do it, it has been repeatedly held to bo li able an action on the case for too expenses of an improvement. Bard vs. City of Brooklyu; 31 Barbour, 112. Cummlnc vs. Mayor 11 PAio.

6U8. II. In this case the acts conipliiiued of were plainly a violation of defendant's duty under the contract. It is not enough to set the machinery for tho collection of tlie assessment in motion. "Thora is also tho further duly of Keeping tho machinery iu motiou until th im provement is completed and the monies roaltzod to compensate those who may have been employod and expended their substance and labor for that eud." Betrd Vj.

Cityoi Brooklyn; Barbour, 112. Heio iho defendant, so fur from keeping the mi clmiery inmolioti, bus actually destroyed it, by cancelling and reducing the assessments. If tnis b) negligence, it is because tho term negligooco is usually upplicd to Bins of omission, while Bins of commission degi rveo harsher name. Tho acts of tho defendant wi re abfl lu.vlv a fraud ou the rights r.f tho plaintiff. III.

The liability of defendant is not affscted by any rjuesiion as to tbe validity of tho resolutions of its Common Council. Tho question is, whether ttieso acts, vulid or invalid, have prejudiced tha rights of tho plaintiff. If they have, tho defendant is liablo. (a). Conceding, for the argument that tuo Common Council had no authority to roil use or cancel the aeis meut, EtUl the Collector of T.ixos aUored tho records of the osEessmtnts in accoidaiice with ilium resolution, aud accepted from parlie3 the reduced amounts.

This ctrtaiuly ib as great an act of neghyence ou his part as the failure to return tho warrant iu tha caso of Beard vs. City, for which tho city was held liablo. (i). If tbo reduction was iuvabd, stilt it is vory doubtful if the assessment could bo cuforcotl, now that tbe rights of purchasers havo intervouod. And oven if a stile of lhe premises now took pLica uuder tho original assess menr, tbe jets of defendant would throw a cloud i the title obtained by such sale.

(). It is not true that tho solo security for tha payment of aBEfssments is the sale of the lands assessed. Probably no tax titlo was over maintained, and yet nearly all taxes and assessments are puid: for no one will purchase or loau money on property until these iieno aro discharged. In this case the records havo been so altered that plaintiff is deprived of his greatost security for bis pa? ment. (d.) The act of the Common Council wero the acts of tho defendant; and the defendant is estopped from asserting the invubdity of its acts to relieve itseli from liablibty to parties whom theBe acts have prejudiced.

The Court will not presume that defendant's acts havo worked no injury to the pbilatiff. IV. Even if the acts of the Common Council were void, this would not be a proper case for mandamus. A mandturus to the Collector of Taxes wonld not compensate for the damages sustained. Should a mandamus issue, there would be no binding decision as to tho effect of tho Collector's acts ou tho owners of the assessed lauds.

In tho casa of Beard v. Tho City, tho point was raised that plaintiff's remedy was by mandamus, and not by action, yt tho Court affirmed tho judgment is that suit. V. The act of 18C2 cannot affect tho liability of tho defendant. (a) The act by no means relieves the city from liability Jor all acts of the Common Council or the city officers, but only from liabilitv for the nonfeasance or nipfeasanee of duties imiyosed on them by that act.

Tho acts ib this case come under neither hoad. (b) The contract with plaintiff's assignor was made in 1857, and tbe certificate in 1801. Tho rights of tho plaintiff's assignor accrued on malting the contract not on the breach of it. If, at tho timo of making tho contract, the defendant was liable for the acts of its Common Council or officers (unci it unquestionably jvas). no act can release tho city from liability uuder that contract for wrongs to be committed subsequently.

VI Tho judgment should bo affirmed. Tho following was tho OA3E FOB THE CITY, as presented by Mr. Johnson On tbe 25th of June, 1857, Michael Tobin made a contract with the City of Brooklyn, by ivhion ne agreed to fill up certain sunken lots within said cltj, oud to wait for his compensation until the ossessment for tho work had been collected in the manner prescribed by law, and paid into tho City Treasury. It appears th the city was able to collect only a portion ol the assessment, and the present action was brought to recover tho balance of tho contract prico from tho city at large. Soo folios 31 and 11 of Case.

The following are tho points of Mr. Johnson's' argument I. It is well settled that to warrant such a recovery negligence in tho matter of collealiog tho assessment mutt bo affirmatively proven against tho city. The wily matter claimed aa negligence in this caso ia tie fact that in March and July, 107, ihe work having been Uone as eurlyas JSol), lhe Common Council passed to Fiparate reti'lutiotis, tho one to cancel aud tho oibtr to educe a portion of lhe asscssmeut in question, and lhe Tux Coll dor entered upon tho assessment book, oppotilo ibis assessment, marginal note3 iu cou foinuty v.ithtucli resolution. For these acts the city is in no way responsible.

Scciion 3D oi Chnpier of tho Ltws oi 18t2 covors the whole ground, and reacts us iollows Si ctiim The City ol Brooklyn shall not be liable in damnges for tiny nonfeasance or misfeasance of tho Council, or of any officer of tho oily or appointee of the Common Council, or of any duty imposed uion (heui, or either of tlieiu, by the provisions of lilies lour and iivo of this act, or ol auy othor duty enjoined upon ttiotn, or either of them, us officers of govcri rocur, by any provisions of Ibis act." The acta t.f the Comiuou Council am) ttiat of tbo Tax Collector wco both without authority of law, uud therefore misfeasouco. It is irue, that by subdivision 33 of Section 13 of I Title 2 of the Act of April 17, 1854, commonly called the origmulchiirtcr oi tho city of BrooUyu, tbo Common Council vns cloth' wuh this i ower of cancelling or reducing taxes or assessments, but that subdivision was repealed in tolo by section 4 of an act parsed Mircb. 27, ltu2, and this power was thereby transferred, sub ject to certain restrictions, to the of Taxes, and hence, by a later act, to tho Board of Assessors of Brooklyn. Tho Common Council lost all such power in March, loil, and tbo Collector of Taxes uuvur had it. Luvs of 3851, 829; Laws of lb6, p.

182; Act of 1805, in re Brooklyn. The attempt, therefore, of the Common Council or of the Collector to exercise any such powor in 1867, was clearly au act of misfeasance for which tho city cannot he held responsible. II. 1 ho iugge5tion of tho Court tho omission of the City to have said marginal notes erased from the tax book might be legally construed as ncgligouce, meets with precisely tho same objection. The omission is an act of nonfeasance of its officers within the pervlew of the Act of 18(2.

III. Nut only was the foregoing the'only mattar of negligence set up by tbe plaintilf, but on tbe othor baud tiieCity proved great care anddibgenco uifirinutively on its part. The line of duty devolving on the City, and tho law goveruiug iu casos like the ouo at bar, are, clearly stated by this Court in tbo opinion of Mr. Justice Brown, iu tho cate oi Richardson vs. The City.

See 31 5GJ. A close comparison of the acts of diligence, dono by lhe City in this case, with those determined as efficient iu the case of Richardson will show that iu this case the City was far more diligent than in that. See Case, folios 49 to 53, Cti to 73; Richardson vs. City supra. IV.

Intheabsonco of any legal proof of negligence on tbe port of the City, tho judgment should have been'fur the defendant. The present judgment ought therefore to bo reversed. A decision in this, and oIbo iu tho Moior cao will, it is renuered withm tho next three weeks. TliK CITY VS. THE CM B.

CO, Argument before the General Term. 'offline supreme Court sit Nowlmrg A IHole in the s.tomihI Oivcs Rise to' Twelve Years' ILitajrntaoii Further Proceedings 1 utile RHeicr Case Why tho Vrccks of tho City Etc It. Co. aro isot Kept in fioed Condition Alfogfod Negligence oS tho Municipal Authorities, SOI'REME COURT, GENERAL TERM. Judqeb TAPPEN, GlLDEBT AND BABNABD.

The City of Brooklyn Appellant, against The Brooklyn City Railroad Company, Respondent. case was argued on behalf of tho Appellont by Mr. Jcbbo Johnson, Assist. Corporation Counsel, in the absence of Hon. Wm.

C. De Witt who was detained at homo by a Bevere attaek of illness, Mr. Johnson commenced his argument with.the following brief history of tho case. Tho Brooklyn City Railroad Company, shortly after its incorporation in 1813, sought to obiaiu Irom tho City of urooklyn permitsion to lay railroad tracks upon tixteen different streets of that city, aud as a part consideration for Buch franchise entered into a bond vutk lhe city, wherein, among other thingB, it eove nanttd and agreed to keep tbo pavement of aucu streo "in thorough repair wil bin tho tracks, and three ieot on cuch eido thereof, with the best wator utuue, uodor the direct ion of such competent authority as the Common Council might dosignate." Under these cireuniitaiices tho permission wa3 accorded, and tho company put down its tracks ou the BtrcelB indicated, including Flushing avouue, at tho points important to this caBe. Subsequently, and in June, 1S57, Ferdinand Meier, whilo driving along Flushiug avenue, had a portion of Ins wagon pncipilated into a bol, appuronlly of some OajB tnncing, within the Hue of tho railroad tracks, was thrown from h'fl seat, run over by both whoels aud Btiuckby on tmpty hogshead, which, from iho effects of the jar, iell from tbe truck.

Tho injury was so severe that hia body was rendered useless, and ho diod from its tffcctB in Prior to bis death, hpwover, he brought an action tho City Court of Brooklyn, against tha city for da aRee, and iccovned therein a judgment for 67,250.51, daroageB and coBts. The trial of the action was thoroughly contested by tho City, and alter judgment an appeal was taken by it, firstto the General Ttrm of the Supremo Court, uud second to the Court of Appeals; in both of which Appelate Courts the judgment was affirmed, and afluil judgment waB thereupon had against the City, for gll.Ofrl. which judgment the City paid. At tho commencement of this action full notice thereof was given by tho city to tho railroad company, ano it wob invited to take such notion iu the matter as it thought advisable. notioo, however, produced noiffect.

Tbe pi esent action was brought to rooovor from the Eailrotd Company, hcoauso ot tin breach ol covenant, TSjis i itas tho (jn.V!ast tlou of attr Evening pester published ia the (Suited SJnto.io its value ay on Ad roriismff AJoaiitin Is tftoroforo ivp" paroui. Gnbau Recognition. "WheD the Cuban revolution bogan, Spain had just thrown off tbo monarchical yoke, and it seemed ns if she was about to become a Republic. This would have involved, virtually, tho giving Cubans as well aa all other subjects of the ex Queen Isabella a voice in their own government, and would have obviated nny immediate occasion for an armed revolt against Spain. But now that several months have elapsed, and Spain seems quite unable to settle down as a self governing Republic, and to be hovering doubtfully between monarchy and anarchy, with tho chances in favor of a long maintenance of military dictatorship in some form or other, the reason of Cuban revolt from Spain, and the justification of the insurgents, have multiplied tenfold.

And when wo add to this the fact that the revolution in Cuba has proven its genuine popular character by tho inability of the Spanish army to subdue it, the time has certainly arrived when the world at largo are bound to conclude that Spain, whatever she has been, is to day unable either to restore her full dominion over Cuba, or to offer such settled peaceful government of her own as she can ask Cuba or any other outlying province of her monarchy to submit to. In morals therefore as well as in fact Spain has forfeited whatever governmental rights colonization and prescription had enabled her to claim over Cuba. It only remains to decide what other nation should be the first to recognize the existing facts and salute Cuba as independent of Spain. The island of Cuba lies nearest to this Republic. The aspirations of her revolutionists are far such a form of government as ours.

Their title to revolt is consecrated in our own' Declaration of Independence. The mutual interests of this country and of Cuba point out the United States as her natural ally and protector. The sentiments of the American poople are in favor of Cuban recognition. Cannot our Administration spare time from its summer carousing and its Wall stroet operations in gold, to consider this question and promptly accord American recognition of the right of Cuba to emancipate herself from Spanish rulo 'i'iic New Fire Department, At seven o'clock, this morning, tho new paid Ifire Department went finally and fully into operation tho horses and apparatus passed into the possession of the new foremen and engineers appointed by tho Commissioners. The change has been quietly made, and tho old volunteer Fire Departmont, which for half a century has protected the property of tho citizens of Brooklyn without fee or reward, has peacefully passed away.

It has been discarded, not from any faults of its own, not that volunteers were lacking, or were loss prompt, active, and zealous in tho perform ance of thwr arduous duties, but because of the changed condition of the service. The introduction of steam fire engines and other improved means of extinguishing fires, necessitates changes incompatible with the old volunteer system, lhe paid attaches of the departmeut increased in number until the only volunteers were the men who dragged the engines to the fires, work that could better be done by horses. With Bteam tire engines the service of a few skilled men sufficed in place of the numbers required to man the brakes of the old hand engines. With the introduction of steam fire engines the volunteer department was doomed, and the change but just made in this city was inevitable. In finally parting with the old Volunteer Fire Department, a few words of tribute are due to its memory.

Witn all its faults it was a noble institution. "We honor and exalt the soldier's profession and extol his devoted heroism in braving hardship and perilling hi3 lifj in his country's service. The work of the fireman is hardly lass exacting and often as perilous. The fireman is liable to be summoned at any hour of tho night to bravo all weathers, to work laboriously for hours and often risk his life in trying to save the property and perhaps the lives of his fellow citizens. Up to this day men have been found to do this work without pvp, without the stimulus of the glory which awaits the soldier.

Our volunteers never faltered in their duty, no city in the country had a more effective Volunteer Department than Brooklyn could boast; it was efficient to the last, and the close of its career was not the least honorable part of its record. The Paid Fire Department law went into operation some five months ago, but it took the Commissioners until now to perfect all their arrangements for the re organization for tho Department. The voluateora were, not unnaturally, not favorably disposed towards the change, by which few of them expected to profit. But no signs of mutiny or evidences of demoralization were shown. For months a large body of men have been working without pay in a nominally paid Fire Department.

Yet they were true to their self im203ed obligations to the last, turned out when the alarm boll summoned thorn as promptly, and worked as zealously, as ever up to the day of their dismissal, a fitting answer to tho charges that the turbulent element predominated in the Department and so endangered its usefulness as to justify its disbandment. It has closed in tho mo3t becoming manner an honorable "career, and' Brooklyn must ever remember tho old Volunteer Fire Department with gratitude for the service it has done in its day. The Commissioners havo wisely retained tho old officers, and selected their employes throughout, we believe, from among the members of the old department. They have provided the most approved apparatus for extinguishing fires, and horses will do horses' work of dragging the engines to the fires, quietly and expeditiously. We are moreover promised an economical as well as an efficient administration of the new department.

The Commissioners appear to have done well so far, and we give them credit for their good intentions. Tiie i'opular Aputliy. The small vote in Maine the falling off being about proportional on both sides is a remarkable circumstance. At first we thought there might be something local in Portland to account for it but now it seems to have been the same all over tho State. In general terms we may say only sixty five per cent, of last year's votes were polled.

And yet there was a special reason why the contest should be animated and the vote large, lhe Temperance men ran a separate ticket, in the State which is the parent and the name giver of the Prohibitory Liquor Law. Certainly they a sufficiently organized and aggressive class of voters had every temptation to vote and to bring out all their friends and sympathisers. The temperance issue has been the bugbear of Republic can politicians from the origin of their party. It is to them what tho nurse's "bugaboo" is to a fretful child the ono horrid phantom never visible but always threatened. The running of a prohibitory ticket gavo an inducement to every Radical politician in Maine to do his utmost to lay this ghostly spectra which had bo long been promised and now at last appeared in sight.

So too the Democrats badevery inducement to work that a party could have; knowing themselves a hopeless minority ordinarily, they saw, in the Temperance split in the ranks of their opponents, a fair chance of coming out ahead for once. Thus all three parties had full inducement to poll every voto they could, and the result was that nearly half the voters could not bo persuaded to vote at all, either for love or hate of Prohibition, or for lovo of politics of either color. There is a queer undercurrent of sympathy among the votors of the various States. Ex eluding Vermont, which by common consent don't count aa a political symptom, being hopelessly provincial in politios, and California, which is too far off to share tho temper of the East, the set of the current in Maine always indicates to somo extent tho drift of sentiment in the middle States which hold elections later. If ono patty does better than usual in Maine, it is pretty sure to carry Ohio and Pennsylvania in the following month.

This year both portion do very badly in Maine, and what tho result will be in the middle Statoa probably now depends moro on loool issues and bv auo wwjjiuku nauaiacuuu oi tne uommou council. HI. Neither is thero any such mutuality between tho act to be performed by tho Company and that which the Common Council might perform aa to make them dependent. To accomplish this, the act claimed as a condition precedent must bo the consideration for the set which it is Bought to have done. The principle is thus stated from tho cases following: "Where thero oro mutual agreements of parties, the thing to be done by tho ono being the consideration of the thing to be done by the other, and both sro to be performed at tho Bamo time, they aro dependent, aud neither party can recover without performance, or a tender of performance on his part Parker vs.

Parmele, 20 130. Johnson vs. Wv gant, 11 48. Morris vs. Sliter, 1 59.

Williams vs. Hesly, 3 303. 16 258. 2 207. 10 266.

12 212, It will be observed that the thing to bo dono by tho city, instead of being a consideration for tha thing be done by tho Railroad Company, would bo in reality an additional burden on such Company. In the absence of an officer of the city whosl diroclion the Company would be bound to obey, tho tosk would bo easier, and under its own control, to ba done by the Conipanj, when and how and where it might best suit Mb convcuience, so loug as the streets wero kopt iu tepuir. The consideration for tho performance of this covenant was vastly greater than any sucu technicality. It was the right to hold a ruilroad monopoly over sixteon of tho main thoroughfares of tho third city ou tho cou nt, and to enjoy ail the benefits aud emoluments of aa. Ii un immense l'runcliiee.

from tlio few ggarly liconse foes fototjtm tbe bond, iho City that tho covenants iu folio 44 the caeo be Btricuy kept, and we think it would amount to a deleat of justice if tho damages sustained by tlie City irom tho neglect of the Railroud Ootup iuy to keep tlieeo covenants should remain unliquidated oy ibat Company through any such subtlety ua ttiat su" gesled by tbe other tido. IV. But, at all events, that portion of the covonaut lu question which, It is clainieil, impostd upou tlie Cjm mon Couuc 1 tho duty of designating an uuthortty to direct, tho repair of tho stree ts, is redundant aua uu gainy, By ino Act of 1819, tho Street Commissioner is clotu il wi'b iho luiCiion ol iakiugcaro and Control of all the streets oi the city. Lawn of 1810, p. 18, Sec.

1, 13. '10, U5. The Street Commissioner being thus "dosignitad" as tbe ''LOUipelent authority to direct tho ropurlug of the, btreets," iho Common council have inado no other designation; and, in fact, ttiia right of the CUy proYid eil ior in tho covenant was virluully exercised. Tho Common Couucil have destauatod but a person, aud he was already dciiguatod by law. Past II.

It is claimed that no recovery could bnlmrl in this action, for tho reason that tho judgment iu tho cate of Meier iB not aliouidation of tho dainauod tn hn recovered lu this case, auu that unliquidated duuiayes cannot be rtcovereu uuuer tlie plvauiug3 herein. '1 his point was not raited ou tho trial, nor la it noticed the opinion of the Judge wh: presided. If it had been, a motion to amend could hive bi.eu mado, if necessary. However it is of no force. 1.

Th complaint is forth both the amount recov ered by Aider ou the trial and that recovered at the end of lhe appeal. Kithsr ono of theso amounls tho city was ontitlod to recover. lhe principle is "ou all fonra" with that governing a suit brought ou a bond for jUl liberties where, iuciso of escape, the wholu amount duo in tho original acliou bo recovered. Kellogg vs, Manro, 9 3JD. And alto that if au action brought by the Sheriff, alter ho has )em mulct in a judgment Ior an escape, against ibo Etiretieson the bond of tho fugitive, where tho Sheriff may recover not only the amount of tho iude ment rendorcd against also, in many cases, tne costB oi hiB Uelence.

Kip vs. Brigham, 7 168. So also with bonds on appeuL. Tho doctrines of res adiudieata are irrelevant to tha ditcuseion. ThiB is a suit on a breach of contract for liquidated damages.

Because the respondent broke itscontract.tho Citvhas been compelled, by a judicial determination, to pay a epuciuc umuum, unu iaui amount is ino measure Of damages due Irom the respondent. Juagmunt Ehouia be reYeri oU, and a new trial order ed. G. T. Jcnkfl, of counsel for the rpsnondent read lhe decisions of the General Term of the Supreme Court and of Iho Court of Appeals, iu both of which it had already been decided that the City could not answer for the reuson that there was to evidence to show tnat a "competent aumonty uud boen appointed by tho Common Couucil," and for that reason no couieud id thut tbe decisions previously rendered should be affirmed and made final.

THE ASSEMBLY COHVSlfTIONS. Election of Delegates to the State and National Conventions. The Assembly Conventions for the election of delegates to the Stato und Judiciary Conventions, assembled last evening at the places designated by the General Committee, aud performed tho work assigned to them. Everything passed off In tho most harmoni ous manner, and tho delegates chosen were all oleoted by the unanimous votes of the conventions. At all tbo conventions tho dologates were instructed to voto for John A.

Lott, for Judge of tho Court of Appoals. IN THE FIRST DIBTBICI tho delegates assembled at Farrel's on Main stroof. and Bhouly after eight o'clock, tbo convention was culled to ordr, when Police Justice Walsh was null ca to ino cnair. tub roll of members was callei wlieu tbe following nominations wero made. Mr.

Wi 11am Atkinson nominated Connollr A. Roddv. of the Fust Ward, as a Delegato to the State Convention. Mr. D.

C. Atkins moved Hugh McLauuhlin. oi tho Second Word. Mr, l'lauauav, Fifth Ward, nominated Jamos B. Craig.

The other two nominations wero withdrawn, and oh motion Mr. Craig was unanimously chosen as the Dele gate. Mr. Atkins moved that Justice Walih bo elected as Di legate to the Judicial Convention. be motiou was adopted and tho Convention then ad journed.

SECOND DISTRICT. The dolfgaies to iho Second Assembly District Con vention aesi mbled iu the White Ifouse, at tho oruor of Jay and Concord. John H. Levy, on mdtiou was called upou to tho biiir, and Mr. Hannan acted as Secretary.

Tbo roll of Vlegatea was railed, when Mr. Hannun nominated Wiliit A. Fowler as delea ito and John If. Law alternate to tho State Convontion. The.

ljominatious wero confirmed uuanimously. Mr. nominated Thomas Penrsall dclegito the JudicMry Convention and tho nomination was unanimously. Xho Convention then adjourned. THIBD DISTBIOT.

The delegates to tbe Third Assembly DiBtrict Convon lou met ul Koss Mcllabou'tf liquor store on tho corui.i of HsnnlioD svfiiuosmd Culumbmstroit, and appointed tuon as I'oran as ciciecaro to mo stato uouveuti'in, and lhe II.n. James Troy as delegate to the Judicial Convention. FOTJHTII DISTRICT. Tho Fourlh Assembly District Convention was hold at Keenan's, at the corner of Eleventh street aud Third avenue. Jacob I.

Bergen was elected as delegato to tho State Convention, and William C. DoWltt to tho Judicial Convention, FIFTn. DISTRICT. The Convention of tho Fifth Assembly District was held lit P. Dulan's Union House, 377 Myrtlo avenue.

William C. Kingsley was elected es Delegate to tho Stato Convention and Houry W. Slocuia to the Judiciary. In THE SIXTH DISTRICT James Pierce was elected as a Delegate to tho Stato Convention and Lnko O'Roill? to tho Judiciary, THE SEVEN'in DISTRICT Convention which mot at No. 44 Broadway, nominated James Murphy as a Delegate te the Srate Convention ond William A.

Browu as Delegate to tho Judiciary Convention. THE EIGHTH DISTRICT Delegates met at the corner ot IS ires and Grand stroots, and nominaieil DeWitt C. Tower as Delegate to tho Sta'e Convention and John A. Connolly to tho Judicial Convention. NINTH DISTRICT.

In this District tho Dologates met at the corner of Underbill avenue aud Dean streets. Hon. Teunis A. Bergen waB chosen a8 Chairman and Mr. Finuegan as Secretary.

On motion George G. HermBun was unanimously elected as Delegato to tho Siato Convention and Abraham Lott as oeltgato to tho Judicial Convention. Culton Avenue mid the Water Si card. To the Editor of the Brooklyn Eagle I haye read (as doubtless thousands of others have) with much interest, the long and somewhat labored article which appeared in the Eagle of tho 13th it.st., in defenco of tbo Brooklyn Water Board in connection with tho strange aud as yet wholly unexplained proceedings of that body relating to tho now contract lor repaviug Fulton avoime. No effort is made to deny the statements mado by me in tha com.

municution which I addressed to you on tho subject of tho proposed outrage. upon the taxpayers of a very large and populous district of this city, nor ia auy mason given or justification attemptf for actually throwing away morelhau twenty thousand dollars of tbo people's inonoy ior no oibcr purposo than to advance the interests and fill the pockets of some special favorite. The old adage that two wrongs do not coHstttuto a rip.ht it mains in nil its origiuHl lorce and effect, and it therefore argues but bttlo for the shrewdness or sagacity ol ibo writer, whom I now briefly reviow, wheu he endeavors to sustain tho wrong doings of the Water Board by attempting io show that other Commissioners in the public s. rvice havo been puilty of somo sort of trior. If tbo large and influential body of men who havo conlrol oi Profpcct Park have done anything to offend ihe great constituency whom thoy represent, or if the Fourth avenu Commissioners have in any respect rendered themselves answerable to censure, they, no doubt, are abundantly able to respond to assaults come from what source they may, but it will not be for tho members of tho Walor Board to cover their mis dieris under the shield of others quito as potent aud as retpoutiblc us they aro.

The pretext made in your article that the fornfeof tho Fourth avenue Commissioners is unknown to tho writer thereof is almost too absurd to notice, because their office is in ouo ef the most prominent and irtqncnlly Iruvolcd thoroughfares in Brooklyn and there istcatcclya builuess man in ourmidt who iu not awaro that any of them cau always bo found at Ko 11 Montague street. I would not have tresQassed to this extent upou jour columns, Mr. Editor, but for tho maguitudouud iniporUnee of tho topic which my communication embraces and I think that I need not say moro than ask onco moid why Mr. Guidct was awarded au immeuBa contract at prices far exceeding thoso offorod by two different contractors of kuowu experience and responsibility, each acting independent lj and without concert and underBtanding with the othor7 Whon this question is fairly and categorically aaswersd, I may poEBibly again beg to bo heard through the Eagle. Tour's respectfully, L.

Brooklyn, September 16th i860. One at nteuce is omitted from tho above letter, be. cause it contained nothing bearing on the merits of tho matter in dlsputo, but merely a piece of gratuitous im pertinence towords the Eagle, We give tho fullest latltudo to correspondents iu all matters of public interest; but if L. supposes tho Facile is to bo made tho medium of anonymous aud absurd speculations as to the origin and motives of ila own articles, he slightly under ratea our Belf respeot and capacity to recognize an insult. Th Fulton avenue pavement bid of Mr, Guldet.jn view of his excellent work on Broadway, was adjudged by the Water Board to bo more advantageous at 85.75 than that of the lowest bidder at $5.33 per yard.

The law leaves it in the discretion of the Water Board to decide whloh bid they deem best, Taking It is now understood that ono of tho subjects of discourse at the Napoleon Prim interview was the Cuban question, and that the Spaniard was well Batisflod with tho reception and its results. This can only mean that tho Emperor took the part of Spain in tho threatened diff orenoo between that country and the Unitod States. Tho Madrid journals say that in reply to a diploma tio circular, not only Franco, but England and Austria have recognized the rights of Spain. Unless these and other statements are baseless inventions the American Minister has assumed an extreme and to the Spaniards offensive attitude although the Washington correspondents argue that ho could not have done anything of tho kind. The Conservative Convention which nominated Judge Dent for Governor of Mississippi also nominated a colored man, Thomas 'Sinclair, for Secretary of State.

The details of the proceedings which were summarised by telegraph were characterized by moderation so far as tho resolutions were concerned. Tho platform is brief, reaffirming principles already announced, and favoring free schools and immigration. The speakers wero less reserved, and President Speed did not hesitate thon and there to denounce General Ames as a "military monster." The daily literature of convalescence continues to interest tho Parisians, although to remote readers it grows monotonous. The health of tho Emperor was restored again yesterday in tho official journals, which also Simounco the presidency of Napoleon at a ministerial council, and the contemplated departuro of Eugenio for the Ea3t on tho last day of this month. Tho General Synod of tho Irish Church is in seeeiou in Dublin, Its first act took tho not vory practical shape of a protest against disestablishment.

Why not protest against tho last earthquake, or tho next solar eclipse? Tho disposition of tho funds cleverly saved from the wreck of the Church will he more to the purpose. The N. Y. Times records tho somewhat startling fact that "at this moment but ono new vessel is on tho stocks in tho shipyards of that city. When wo remember how rapidly American ships rose in favor when tho America proved her superiority to British built yachts, and how frequently American constructors received ordors from abroad, the statoment has great gravity.

There may be foundation for tho charge that Prince Napoleon is lazy and luxurious, but he has just given proof that when aroused to activi ty he can make a very clover speech. It is the faBhion in this country to say, when a man not the habit of talking talks well, that the talk lias been carefully prepared for him by some smart Bohemian or other friendly and ready writer. The Prince cannot be accused of reciting tho composition of somo unnamed person, he cause as good as anything in hiB speech in the Senate the other day were his quick and apt re torts to interrupting and contradicting Senators. Tho wondor is that with tho ability to do so well he so seldom does at all. In his peroration he said: "We must think seriously of the affairs of this country, for the time for slothful somnolence has gone by." Unless the Prince has been grossly misjudged "slothful somnolence" is his weak ness, and he may profit by his own advico.

Tho company whoso culpable nogloct, to em ploy as mild a phrase as the circumstances of tho caso will tolerate, resulted in the Avondalo slaughter, has contributed $20,000 to tho relief of the Bufferers by that calamity. It should be noted, however, that from this ia to bo deducted the sum of $10,000 for the funeral expenses of the victims expenses estimated by reporters on the spot at 2,500. Moro of the spirit of the English press on the Stowe Byron business is gatheifrd from foreign iiies Ox course the Gable man omitted from his telegram the only interesting passage in Howifct's letter. It is that which refers to LadvBvron's frozen fits." Howitt states several facts of his personal knowledge going to show that she had a habit, after being one evening "in the moat amiable, cordial, and Bunny humor, full of interest and sympathy," of tho next morning "coming down as if she had lain all night, not on a feather bed, but on a glacier frozen as it woro to tho very soul, and no efforts on the part of tho3e around her could restore her for tho day to a go nial social warmth." Howitt thinks it was in ono of these "frozen fits" that Lady Byron adopted a prejudiced and unjust viewof her husband's conduct. The Saturday Review has no doubt disappointed its readers.

Many expected from it a slashing critique in its most slashing style, which should havo all the remorseless vigor and personality of the Freeman's Journal with tho coarseness eliminated, and with the additional sharpness and pungenoy which come of verbal refinement and a polished style. But tho Satur day prints upon the whole a rathor weak reviow, contributing little to tho force of what may be said on either Bide. Its conclusion is that it ia 'most improbable, all but impossible," that Mra. Stowo has "invented this history that it is (ju8t possiblo, but very improbable," that Lady Byron accepted as a serious confession "somo foolish and culpable affectation of vice, some swagger and boaBt on her husband's part of somo great secret criiae that it is "not at all likely, but of course possible," that the story was a "hallucination on Lady Byron's part that there fore tho history "is more likely on all accounts to be true than not but that "groat blame attaches to the author of tho revelation." Tho telegraphic columns of tho daily journals will bo searched with anxious interest for reports of new horrors of tho Avondalo sort, and it will not bo tho fault of Pennsylvania mining monopolies if morbid or sympathetic public curiosity is not abundantly satisfied. It appears that there are many singlo shaf ted mines constructed precisely like that in which over a hundred men miserably perished.

In any one of those fire may at any time occur and escape would be impossible fos all who might bo in the pit. These are not rumored facts they were proved on the Avondalo inquest. Miners may be reckless enough to work at such hazard, when the alternative is hunger for themselves and their families, but cannot public opinion, tho power of which wo never tiro of magnifying, act effectually through law to prevent the sacrifice of b'f to grasping monopoly? AlfllSEITIEM l'a. The Opeea at the Academy. To night the opera season will bo inaugurated at tho Acadomy of Music by Madame Parona Roua's English opera troupe, with Ike new opera of "The Puritan's Daughter." Madamo Paropa RoBa has always found a warm welcome In Brooklyn, the principal members of her troupe are old favorites horo, and with the Interest attached to the first presentation here of a now opera, we are not surprised to bear that nearly every seat In Iho was sold yesterday.

Jeffeeson. The great Jefferson will do "Rip Van Winkle" at the Academy of Music on Monday, Tuesday and Wednesday nights under the management of Mr. O. W. Toyleuro who promises to give the same cast JhroiiRbouf, and mount the play In as good style as it was done in New York.

The Pabk Theatre. Mrs. Conway announces a mutiuoo performance on Saturday afternoon for tho benefit of the Avondalo sufforers. "Home" and "A Breach of Promiso" are repeated to night. Hooxey'b Opeba House.

The old style minstrel bill ia the best after all, and fills tho house nightly, Welch carrioa oft the laurels in the first part, Ralphs takes Iho load in tho Booond part, Rice, Campbell, Glenn, Cooper Fields coming in for a Bhare. The OxyMAio. It is good to see Manager Donnelly these days, he looks so eleok and jolly over the luck ho 1b having this season. Tlio circus next door don't affect him a bit; he thinks of hiring it to stay ah. winter, as it lights up tho neighborhood and makes things look chceriul.

The Oibods. The European Circus is doing' a big business and will give performances af tornoon and evening through tho week; St. Ann's Chimes. Sevon of the bells of the chimes of St. Ann's arrived at the church, in Clinton street, yesterday, and tho remaining two reached tho edlfico this morning.

Each of tho bells bears an appropriate inscription. As already chronicled in tho full description hitherto published in these columns, the smalltBt of the bolls weighs 250 pounds, and the largest 2,000 pounds, the niuo bells constituting the chimes being graduated in weight, and reaohing an aggregate of 7,171 pounds. They were manufactured by Mendly, at West Troy, and were the munificent Rift of Thomas Messenger, President of the Brooklyn Bank. Their mueio will first gratify the publlo at the dedication oi the handsome oDuroh early in October. BENEDICT BROTHERS, JEWELER3, WILL BEHOVE TO 171 BROADWAY, NEW YORK, ON NOV.

PROX. Unlil then, we offer our ire Stock of FINE "WATCHES, JEWKLHY, AND SILVER GOODS, AT GREATLY REDUCED PRICES. Fixtures and long loaso for snlo. BENEDICT BROTHERS, 23t JMton st, Brooklyn. CHEMICAL TEST or nre BURNETT1ZED PLANK, used ron FOUNDA'l 'ON BY THE A.

MILLER WOOD PAVEMENT COMPANY, ON JORALEMOfi STREET, United States' Assay Office;) New Yomt, S.pt.fi, hiio. To the Board of Water Commissioners of Brooklyn: UliKTLUMEN A few days ago I had sent mo throe satn dH of plink (pine), that had noon "Buroottizod." or treated with ehloiide oi zinc, in ofier to prevent decay from tiie action of tho elements. Aslho procss. iof Burnettizing produces no obvious cbatigo in tho appearance ot tho wood, mai persons have doubted nhothsr it had bpen suhjoctsd to urn chemical treatment, or that it. contained any zinc compoiino.

Some months airo I examinoJ samnles of prepared wood, and oxtractod zinc from all of ua dcrstaDainR that you wished another analysis madu from tbo pieceB of Burnett ized lately sant to mo, I havu don E0, and report them as foiloivB: 'lhe Families were marked II and TIT. No. I. contained an ounce of nine oxide in a cubic foot. No.

II. contained one ounce and 102 grams of zino oxidn in a cubic foot. No. 111. contained one ounca aud 42 grains 'of zino oxide in a cubic ftot.

'I he chlnrido of zinc is a compound solublo in witer, bnt when it nets at a hib tuiuperuturo ou unprepared wood it forms nn insolublo compound with tho nitrogenous constituents oi the wood, und partly also with the hsenons libro. It is well that f'O' fly enmmonevs ivitb tbo nitrogenous or albuminous constituents, from which it ts communicated to the proper wcody nbro, so that it tho unstablo iu gredicnt, by tho action ot chluridu. of zioo, ho rendered ia soluble, it becomes maciive, and tho wood for a Ions timo resists the ordinary agents of decay. Other chemicals bi side the chlnrido of zino may bo employed, but this is cheap, easy to bo obtained, and highly effective. A prooF of the chance that takes plice in Burnettizing, is the fact that when tho shavings ot tbo wood aro disoUd for hours in acidulated water, only slight indications of zinc aio obtained, for (no melal has euteied iuto otieiuical union with a constituent of tho wood, and has bocomo insoluble.

1 therefore recommend tho wood prepared by this procesj for atructurca in which unprepared vvoocVis liable to docay. (Signed) Yours respectfully, JOHN TORREY. Board of "Water and Sewf.uaoe CorirMissionEna i Chief Enoineek's office, cut Hall, Brooklyn, Buiitemuer liltb, 18. i Tho abovu mentioned samples were at random frdm tbo plans: used by the Miller Company tor the foundation ol their wood pavement, and submitted to Prof.Torroy fur analysis, in order to determine tho oitent to which they had been impregnated by the chloride ol zinc. (Signed) J.

W. ADAMS, sel5 12t Chief Engineer. PARENTS WILL FIND WHILE TO PATRONIZE IT WORTH BALDWIN, THE CLOTHIER, CORNER CANAL AND BROADWAY, NEW YORK, FOR THEIR sons' winter outfits. best fitting garments, latest styles. durable fabrics.

EXCKLLKNr WORK, AND LOW ST PRICES IN NEW YORK OR ELSEWHERH. ESPRIT DE LAVANDULA. Tho sweetest, most refreshing and lasting of all Perfumes is tho FRAGRANT LAVANDULA. 60 cte. a Bottlo.

CAMERON DEVERALL'S HAIR STORE, 313 Fulton st. O. ORITTUNTON, Wholesale, 7 Sixth avenue, New Yoik. se3 Ut DEAFNESS 1 1 CATARRH i 1 NOISES IN THE HEAD, DISCHARGES FROM THB EARS, HOARSENESS, LOSS OF SENSE Off SMELL ASTHMA, BRONCHITIS, And all diseases of the HEAD, EARS, NOSTRILS AND THROAT EXCLUSIVELY TREATED AND RADICALLY BY DR. CAMPBELL, Of 100 Schormerhorn st, Brooklyn, N.

Kelt door to Burnham's Academy of Pnysioal Culture, Ctmsultations and Examinations free, except on Sunday moldings, and evenings of Wednesday and Saturday, nheB rny Jcewillbelnrco Dollars for each person. Oftce HourB daily from 9 A. M. Sunday, 10 to 12 and on evenings of Wednesday and Saturday, from 7 10 9' JAS. P.

CAMPBELL, M. 100 Schermcrhorn stroot. Tbe following is from a well known clergyman of thi city Brooklyn, August 18, 1869, In the interest of those who in suiitriug irom Chronic Catarrh, I tako pleasure in stating tho contidoncol repose in the professional skill of Dr. James P. Campbell, of 100 bcnernierhorn street.

Alter having suifered to a greater or loss degree, forabout ten years having tost my sense of smell and eipcrioncms an oppressive hindrance to mental activity, and hiving, at timtB, great difficulty in public Bpealiing anaatW applying to various physioiana and using a variety of remedies, out io no caso with more than temporary rosutts, 1 naa fortunate onough to be led, in March lastrto apply to Dr. Campbell, his treatment surprised and graiinea me by tho rapidity of its action. In a short time evoiy symptom of tbis distress, ing complaint of lonii standing entirely disappeared, and I nave every reason to believe and hope that a permanent CUKE has been effected. Iu addition to ho above. I have in lhe present month made carefnl mquiriosof a number whom the Dootor treated in Fall River, the oily in which my late parish was situated.

From them I learned that ENTIRE CURES of obstinate and extreme cases had been effected, and in others very decided improvement was manifest, and this was true aa well in oases ol deafness aa with persons tffucted nitb catarrh. Any who niry apply to tbe Dootorfor consultation, may bo sure of meetirg with kind and oourtooua treatment. REV. A. M.

WYLIT5, Officiating at 8t Peter's Episcopal Church, Brooklyn, re. dance Nc, Ul Cumberland at, aali).