The Philadelphia Inquirer from Philadelphia, Pennsylvania • Page 3

as a a a a a a THE PHILADELPHIA INQUIRER. WEDNESDAY. APRIL 25. 1883. 3 IN THE COURTS.

SCULPTORS IN EUROPE AND AMERICA Rejoice Over the Decision of the Supreme Court of the United States in the Viti Case. Meetings were held in Paris and Rome last Sunday by American sculptors resident abroad to express their indignation at the results of the ruling made by the former Collector of the Port of Philadelphia and, the United States Treasury Department in the Viti case. On the day after, Monday, the 234 instant, the Supreme Court of the United States reversed that decision, and laid down in reasonable and common sense way the law affecting dealers on importations of sculpture and statuary. The history of the case and the gist of the decision are as follows: Mesara. Viti Brothers, In 1879, Imported a lot of original statues, executed by professional sculptors at Carrara, and also other statuary by professional sculptors, the latter being copies of antiques.

On all of these the government exacted duties at fifty per cent. An appeal was taken to the department at Washington, and the department, on the appeal, violated the plain and express language of the law, still exacting the fifty per VitI Brothers claiming the statuary should be entered at ten per cent. They paid the fifty per however, under protest, and brought sutt in the United States Circuit Court here to re the excess over ten per against Tutton, the late collector of the port of Philadelpala. The Circuit Court held that all the statuary was dutiable only at ten per and gave judgment on October 24, 1882, for Viti Bros. for the excees The government appealed to the Supreme Court of the United States.

In ordinary course this case could not have been reached in the Supreme Court until 1886, owing to the crowded condition of the docket in thas court. The government officials at Washington declined to apply to the court for an advancement of the case on the docket, and in the meantime the collector of the port of Philadelphia, notwithstanding the decision of the Circuit Court, continued to exact a fifty per cent. ad valorem duty on all similar importations. This decision of the collector excited the are world in Europe to such an extent that the Government of Italy, through its State Department, authorized its minister at Washington to use his offices in endeavoring to have the cause advanced as a matter of international courtesy. The reeult of this was that the Supreme Court of the United States placed the argument docket for the 9th of April, the current month.

The act of Congress provides as follows: Painting and statuary not otherwise provided for, ten per centum ad valorem, but the term statuary, as used in laws now in force, imposing duties on foreign importations, ball be understood to include the profeasional productions of a statuary or sculptor only; all manufactures of marble not otherwise provided for, fitty per centum ad valorem. The principal question in the case, strongly insisted upon by the department, was that a statue taken from a model, and not creation of the artist himself, was not the professional production of the sculptor who sculp: ured it, and therefore must be charged at fitty per centum manufacture of marble not otherwise provided for. It was argued by Mr. Edward Shippen, for the defendant in error, that if the government views were sound, then Canova's famous group of "Love and Peyche," executed in 1793, now in the royal Palace of Complegne, was entitled to be entered at ten per cent but that his own copy for the Ruesian Prince Ijoussouppoff, executed by Canova, in 1796, being 8 copy, W88 8 mere manufacture of marble, and "slop shop work" in the view of the department, and that big Venus, made in 1805, Pitti Palace, of Florence, being the original, was dutiable at ten per while his own two copies of the same, one for the King of Bavaria and the other for the Prince of Canino, were not his professional productions, and hence dutiable at fifty per cent. The court decided -the decision of the Supreme Court having been rendered Monday, April 28, for the defendants in error, the Viti Bros, tor the amount of the verdict, with interest and costa -that marble statues executed by professional sculptors in the studio and under the direction of another professional sculptor, whether from models just made by a protessional sculptor or from antique models, whose author is unknown, are "professiona productions of a statuary or of a scalptor within the meaning of the law, and are liabl only to a duty of ten per cent.

ad valorem. There is an act of Congress which provide: that the productione of an American artist re siding abroad shall be free of duty. Herein comes what is claimed to be the peculiar "meat of the Viti case. Assistant Secretary French, of the Treasury Department, is generally understood to have charge of all such questions of import duties as arose in the Viti case. ba8 a BOD in New York, who has been selecte1 to design a statue for the new Post Office in this city, and who is 80 extensive modeler and sculptor, in most cases sending his models abroad, where they are cut into marble.

It was alleged in the argument before the United States Supreme Court that Mr. French's statues are admitted at New York free of duty, under the clause of the act of Congress permitting free entry of the works of American artists resident abroad. It is claimed that he thua has a great advantage over other importers, and that he would bave continued to have this advantage for four years longer unless the United States Supreme Court bad chosen to advance the Vic case on its docket and decide it at once, thus releasing importers of statuary from the onerous claims of the Treasury Department. Pennsylvania Colonization Society. The Board of Managers, of this venerable society hold their regular ur onthly meetiaga and find themselves encouraged and sustained their good work by subscriptions and donations.

On the 12th inst. Hon. Ell K. Price presented to the library Stanley's "Across the Dark Continent," two volumes, and "Livingstone's Last one volume, both works of much value. Contributions of $100 from Miss Ellen Wain and $10 from Miss Amelia Ewing were announced.

Mr. Edward S. Morris is engaged in sending a continuous supply of mulberry, seeds to Liberia. If these should culture may be introduced, to the benefit of the women of Africa. From Ceylon, Singapore and the West Indies the exportation has begun of coffee successtully raised from Liberian seed.

re Education also is now receiving increased attention both in the male and female branches of Liberia College. Suit on a Note. The Supreme Court yesterday took under advisement the case of Oscar Foust and Charles Hoover against Conrad and Jonas J. J. Schleppy, from Northumberland county.

The tiffs to pay their fees as counsel for 1 Henry BIlldefendan: bad given a note for $100 to the plainmeyer, whom Conrad Schleppy and his wife, Angeline, had had arrested, upon 8 serious charge, which they afterwards withdrew. The defense to the note was that it had been given under duress by Billmeyer's friends. Read all the advertisements of spring medicines, and then take Ayer's Sarsaparilla, the best blood purifier, MINOR INCIDENTS. Local Happenings Condensed for General Readers. By the special request of the late James V.

McDonough, his death will not be followed by bar meeting. Policeman Albright, of the Fourth district, early yesterday morning found an unknown man lying dead on the sidewalk at Second and Arch streets. The body was removed to the Morgue to await identification. Spontaneous comqustion caused a yesterday in Greenwood Mills' cotton mills, southeast corner of Front and Coral streets, and damaged the stock to the extent of about $1000. William Hall owns the building.

Mrs. Martha Y. Altemus, who died last week at her residence in Franktord, was ninety-five years old. Her granduacle, Toby Green, came this country in the ship Welcome with William Penn. She came from a long-lived family, Profeesor Roberts Bartholow, M.

LL the chair of materia medica and general therapeutics, has been elected dean of the Jetferson Medical College, vice Professor Ellerslie Wallace, M. resigned, owing to Ill health. Professor Bartholow hae been connected with Jefferson College about five years. The contractor for cleaning streets and removing ashes in the Thirteenth and Fourteenth wards having forfeited his contract, and the Department of Highways being without power to do the work, no ashes can be collected these wards until the work shall have been readvertised ten days, which will be after Satu: day, May 5th. The Union, People's, Lombard and South, Thirteenth and Fifteenth Streets, and Philadelphia City (Chestout and Walnut Streets) Lines have replied favorably to Commissioner Estabrook's notice to repair the streets along their routes.

The Chief Commissioner is acting under the instructions of the Highway Committee of Councils. Samuel Ashton, aged Alty-four years, hotel keeper at No. 221 Race street, was found dead yesterday morning in the bath room his dwelling. He is supposed to have died heart disease. The dead body of An unknown man, about fifty-five years old, was found Becond and Arch streets yesterday and sent the Morgue.

On the same day Frederick Ffleiger, fifty five years of age, died suddenly at his home, No. 847 Taney street. General E. R. Biles was buried yesterday from his late residence, No.

1236 Ellsworth street, the different military and civic ganizations of which he was a member turning out with full ranks, in uniform, and accompanied by bands of music and drum corps, The body was laid out in state in the front parlor the residence, and the floral offerings were numerous and costly. The remains were terred at Glenwood Cemetery. Coroner Janney held inquests yesterday Austin F. Whittaker, aged twenty-seven, residence rear of No. 107 Vine street, who found to have died a natural death; Charles Ely, aged thirty-one, residing at No.

2924 Kensington avenue, verdict alcoholism; Elizabeth Hollis, aged sixty-five years, residing at No 2203 Ellsworth street, who died of pulmonary apoplexy; and Francis F. Westphal, sixtyseven years old, a resident of Burlington, who died of heart disease. Dr. Usuilton satiafled the coroner and jury that he had been negligent in the case of H. Ostrander, aged forty-two, who took laudanum and died on Saturday at No.

1121 Snyder avenue. The following is a list of the passengers arriving at this port yesterday by the steamship City of Macon from Savannah: Miss H. Stone, Mrs. A. A.

F. Johnson, Miss A. J. Pennington, Mrs. J.

C. Brown, Mr. C. R. Mason and wife, Mra.

A. A. Cloud, L. Thursby, Mr. Ward, Church, G.

W. Busbnell. M. Booney, J. Carlton, Mrs.

Roche, Mra, Cole, Mrs. Mott, Miss Mason, Mrs. Mason, Miss Mason, Mra E. T. Borley, Miss Conley, S.

Lamson, A. Hoyt and wife, J. A. Hellinge and wife, M. Abett, 8 M.

Lamar, Mra. Moffatt and child, C. D. C. Rhind, D.

H. Carpenter, Miss Carpenter, C. H. Sims, W. H.

Sims, Mrs. Dosh, W. Ramsey, O. Snyder, J. Eckbart, T.

H. O'DonoVAD, J. P. White, Mrs. J.

A. Convers, Mrs. Convers, Mrs. 8. Convers, A Yates, Adama, William Dempsey, T.

E. Bailey, and child, W. A. Rooks and wife, Mra. Hall, J.

Dumeab, M. Hardee, A. Smith, W. Ward, W. H.

Weaver, J. M. Clark, C. Hawkins, Graham, M. Burke.

The Dennis Extradition Case. Yesterday, in the United States District Court, was fixed for a hearing of argument the extradition case of John B. Dennis, who charge with fraud in Missouri and forgery Lancaster county. It was expected that important question as to the right of the souri authorities to demand the extradition the prisoner upon the charge of "fraud" be raised, but instead of urging the petition a discharge upon habeas corpus, counsel Dennis stated that the latter desired to draw his application and prepare to comply with the Governor's warrant. The court lowed the petition to be withdrawn, and manded Dennis to the custody of the sheriff Lancaster county.

Counsel subsequently to a reporter that there was little doubt what Dennis would have been discharged if petition for a habeas corpus had been pushed He would only have been rearrested, however, by the Lancaster county officers, and it thought that his chances of acquittal much more certain in Missouri than in caster, where his case has excited considerable feeling against him. Contractor Miller's Security. T. M. B.

Addis, the agent of the Committee of One Hundred, has addressed a note to Controller Page, asking him to withhold his signsture to a warrant presented by George H. Miller, the contractor for paving Berks street, from Howard to Second street, in the Twenty fifth ward, on the ground that better security should be given for the work. The present security is Samuel A. Miller, who made affi davit that he was the owner of a lot of ground in the Twenty-fifth ward, assessed at $2500, but which Mr. Addis alleges is assessed at $500, according to the Tax Oftice records, and that back taxes are due on it for the yeara 1877-78-79-80 and '81 The amount of Contractor Miller's bill is $1465, and the amount of the entire appropriation 1a $3000.

Criminal Court Notes. The case which had been pending against Dr. Berthold Trautmann since December, 1881, charging him with malpractice, from the result of which, it was claimed, Katharine Height died, came up before Judge Thayer in the old Court House. Upon the testimony of the Commonwealth alone the court said there was nothing in the charge, and Dr. Trautmann Was thereupon discharged.

In the case of David Alexander and John Quigley, charged with burning a dog to deatb by throwing coal oil on the animal and setting it on fire, the jury yesterday in Judge Allison's Court rendered a verdict of guilty, and recommended Alexander to mercy. Sentence WAR deferred. Common Pleas Cases. The following cases were tried in the civil courts yesterday: Room E- -Judge Stewart ve. The Enterprise Manufacturing Company; aD action of ejectment.

Verdict for plaintiff. Room F- -Judge Yerkes. -Henry C. Brolasky VB. George Howell, a suit to recover $1000 for effecting a sale of real estate.

Verdict for plaintiff, $1285. Room G- -Judge Arnold. -Ernst C. Oppel vs. Charles Knauff; a suit to recover back money loaned.

Verdict for plaintiff, $443 20. Frank Harrison va. Sep. Winner Son, a cult to recover damages for personal to juries; on trial Room H- -Judge Elcocz. -John W.

Smick v8. Albert R. Schofeld and wife, a suit to recover for stone; verdict for plaintiff, $248. W. W.

Kelly V8. Edward Willard and George Schmidt, an action to recover damages for an Milegal distraint: verdict for plaintiff, $85 84. Nathaniel Wilkinson Va. Bilas W. Gossler, suit to recover a balance on 8 note; verdict for plaintiff, $648 75.

Joel Selpel vs Patrick Rosney, suit to recover for carpenter work; on trial. Safety for Railroad Trains The Railroad Safety Lock and Signal Compang's system for preventing accidents on railroads was exhibited yesterday on the tracks of the Atlantic City Railway at Camden, and was very satisfactory. The lock consists of an electro- mechanical apparatus placed at either end of a section of railroad which has been apportioned into suitable lengths to accommodate the number and speed of Open or migplaced switches are guarded against, and there 18 an arrangement of electric circuits made overlapping, and insuring two or more stops if deemed necessary. The pressure. of the engine wheels upon a lever raised slightly above the rail causes the whistle to blow, applies the air-brakes, and sets danger signals at either end of the block.

The officers of the company are: Samuel M. Plush, M. president; John H. Michener, vice president; Ed. T.

McKean, secretary; Edward B. Williams, assistant secretary, and George B. Dresher, treasurer. W. C.

Shaffer, the general manager of the company, is the inventor of the eystem. Business of the Pennsylvania Rallroad. The statement of the business of all lines of the Pennsylvania Railroad Company, east ol Pitteburg and Erie, for March, 1883, as compared with the same month in 1882, shows increase in gross earnings $277,087 An Increase expenses 237 453 An increase in net earnings $39 625 The three months of 1883, as compared with the same period of 1882, show of gross earnings of. $1,238,587 An increase in expenses 545,098 An increase in net earnings $693,489 All lines west of Pittsburg and Erie for the three months of 1883 show a surplus over all liabilities of $236,156, being 8 gain, 88 compared with the same period of 1882, of $248,442. Death of Mrs.

Olugston, Mrs. Catharine Clugston, widow of the late Samuel Clugston, the Valley Forge paper manufacturer, who was murdered by a burglar in March, 1881, died at her home on Sunday last, in her forty-third year. Mrs. Clugston's death was directly due to the nervous shock sustained at the time of her husband's murder, from which she never recovered. She WAS a very estimable lady, and bore her terrible a a fiction with womanly fortitude.

The funeral will be held to-morrow, at twelve o'clock, from her late home in Valley Forge. Interment will take place at Leverington Cemetery Law and Order. A meeting, the auspices of the Law and Order Society, was held last evening in Beth Eden Baptist Church, corner of Broad and Spruce streets. Rev. W.

W. Dalbey occupied the chair, aud addresses were made by Rev. H. L. Wayland, D.

D. Messrs. Arthur M. Burton and Lewis D. Vall.

The latter mentioned that two-thirds of the liquor licenses fu this county could be revoked it one only took the time to procure the necessary evidence. The very men who ought to serve on juries shirk their duty, and hence so many criminals escape conviction. Accidents. William Tasker, twenty-seven years old, living at No. 1324 South Fifth street, had his left arm lacerated by being caught in a belt at Morris Tasker's foundry, Fifth and Taker streets, yesterday.

Emma Boone, aged fourteen years, of No. 9 Valeg's court, -third and Pearl streeta, tell through a hatchway at Crowe's mill, near her home, yesterday and sustained severe internal injuries. Mike Burns, of No. 347 Cherry street, Cam den, was badly bruised about the body yesterday by a beer butt rolling on him while loading one of Betz Sons' wagons at pier 3 north wharves. He was taken to the Pennsylvania Hospital.

Captain Shackford, Captain J. W. Shackford, of the American Perlodicals. for line steamer Illinois, has been selected to com with mend Jay Gould's steam pleasure yacht Ate lanta. He had an interview with Mr.

Goal al on Monday, and will assume charge of the re- yacht next Monday. of stated Perlodicals. bu The May number of Lippincott's Magazin contains an article by Captain John Codman on "Idaho and Montana," which will find attentive readers among the thousands of farmers, miners and investors whose attention is turned to those newly developing Territories. The writer sketches in a graphic way the leading features this part of the country, and gives an intelligent description of their economic value. There are two Florida papers, "Ashore With a Florida Sponger," by Ernest Ingersoll, and "Among Citrus Blooms," by Charles Burr Todd, both lively and entertaining sketches.

There is AD illustrated paper, Seven Strollers," AD a amusing sketch of Italian sojourning, by Margaret Bertha Wright J. Brander Matthews contributes critique on "Charles Lamb's Dramatic Attempos L. D. Morgan writes thoughtfully of "Great Minds and Matrimony," and there are several readable stories and sketches, while the Monthly Gossip discusses Dr. Dix and his views on female education.

The Eclectic Magazine, for May (E R. Pelton New York), contains articles on "Jonathan Swift;" "The Limits of by Rev. George Edmundson; "The Humorouin Literature," by J. Henry Shorthouse; "Brazil and ber Railways," by Charles Waring; "Frater Ave Vale," Alfred Tennyson; "Under the Snow," a story, by Mrs Katharine 8 Macquoid; "Recent French Novels;" "The Sea Calls," by James Adding ton Symonds; "Wagner an 1 Wagnerism," by Edmund Gurney; A Persian Carpet. by Frederick Boyle; "Transferred Impressions and Telegraphy," Edmund Gar ey and Frederick W.

H. Myers; "An Indian Festival;" Dairgie'8 by Lady Lindsay; "Common-sense Dress and Fashion," by Lady, Milner Paget; Fothergill. "Work and Overwork," by Dr. The April number of the Pennsylvania Magazine of History and Biography, which has been delayed a little by the efforts made to secure possession of the society's new building, the old Patterson mansion, contains an interesting and well illustrated chapter of Townsend Ward's reminiecences of "The Germantown Road and Its Associations." It contains, also, a large of historical papers of local and State interest. The Edinburg Review, for January, is received from the Leonard Publishing Company, New York, the American republishers.

The College and Clinical Record for March, published by E. Claxton contains descriptions of several unusual and interesting surgical cases. THROUGH THE SNOW. Great Railway Plow, and What It Did on Trial in Canada. Correspondence of The Inquirer.

TORONTO, April 23, To-day your correspondent witnessed a spectacle rarely afforded at this time of the year. It was that of a monster snow excavator working its way through a snow bank half a mile in length and six feet deep. The bank was located in a cut near Orangeville, on the Toronto, Gray and Bruce Railway, There being a scarcity of snow in this section, many carloads were brought from Georgian Bay and dumped into the cut. The excavator is the invention of De Witt Hawley, of Rochester, N. and differs essentially from any beretofore constructed.

It 18 built entirely of steel, is thirty feet in length, and cute an eleven foot channel through a snow bank twelve feet deep at the rate of seven miles an hour. The machine is divided into two compartments, the forward one being open at the front for the admission of snow. In this compartment stands a vertical screw conveyor or elevator, its flange just clearing the walls. The floor is depressed nearly to the surface of the rails, the latter being neatly cleaned by a "flanger." In the rear compartment stands a one hundred-horse boiler, which supplies power to two engines underneath and operating the screw. Appliances for water and fuel are conveniently placed.

The excavator is pushed by a locomotive. The huge screw con vey or is capable of making over three hundred revolutions a minute with sixty pounds of steam. When the plow is pushed into a solid bank the snow is naturally forced into the front compartment, where it is caught by the conveyor and hauled to the roof. Here a revolving steel deflector is placed in such position that the rushing snow may be delivered eixty or seventy feet away on either side of the track. The machinery being self-contained, and working independently of the speed of the locomotive, there is little or no anger from derailment.

The party that witnessed the trial comprised railway officials from the States and Canada, among them being Edmund Wragge, general manager Toronto, Gray and Bruce; J. A. Burch, general passenger agent Lake Shore and Michigan Southern; Joseph Hobson, chief engineer of the Grand Trunk; and H. O. Whitney, chief engineer of the Intercolonial Road.

The excavator was all ready for business when the party arrived, and soon after went to work, entering the snow bank with a grand rush. In an instaot huge clouds of snow began to fly from the screw, twenty feet into the air, and the machine was nearly hidden from vlew. It traveled through the drift in a very short space of time, and the track was cleaned 88 neatly as though swept with a broom. The officials were more than pleased with the result, and declared that the excavator is just the article needed. It weighs twenty-one tons including the screw.

Bixteen have already been ordered for various roads in Canada Considering that half a million dollars were spent last winter in removing snow from these roads, the great value of the invention is apparent to all. OVER THE RIVER. Yesterday afternoon at high water barkentine built at the yard of Messrs. Barton Vanneman, foot of Arch street, Camden, was successfully launched in the presence of a large concourse of people. The vessel is bullt tor Meesre.

William Maesey, M. P. Homers, Albert Patton, John Blakley and Captain Hanson. latter gentleman will be its commander. The vessel is 135 feet keel, 155 feet 35 feet beam and feet depth of hold.

It is cbristened the Waiter 8 Mas ey. It is stated that its fret trip will carry sixteen locomotives, built at the Baldwin Works, to azil for that government. The vessel registers 650 tons. At twelve o'clock yesterday an unexpected turn in the situation of affairs in the Cooper's Point shipyards took place, which resulted in the carpenters and caulkers all quitting work. As stated on Saturday last the employees who had given notice that an increase of twentyfive cents would likely be demanded passed a resolution to continue work at the old rate of $3 per day.

In accordance therewith they reeumed work as usual on Monday morning. On Monday night the bosses held a secret meeting, and resolved not to pay more than $2 75 per day. This action was unknown to the men until yesterday at twelve o'clock, when they were called to the offices of each yard and informed of the resolution adopted. Thev were given the alternative to accept the $2:75 per day or quit work, A short consultation took place among the men, and they all quit. Late in the afternoon the workmen were tound in groups around the point discussing the status of affairs, and saying that they will not now reeume work in the yards unless they receive $3:50 a day.

The owners of the yards, however, sey that their work 18 80 tar advanced that they can procure sufficient men to complete it, who will accept the $2 75 per day. The fish wardens of South Jersey met in the office of R. 8. Jenkins, one of the commisgioners in Camden, yesterday afternoon to make arrangements for protecting the Delaware fisheries. Mr.

Jenkins allotted to each their respective districts, and instructed them in the laws defining their duties. The commissioners of the State will meet in a day or two, when all arrangements will be completed, and the wardens will enroll a police force to see that the laws are not violated. During the past month, ending yesterday, there were 519 homeless persons accommodated with lodgings in the Camden station house. On Monday night there were 26. Yesterday morning Joseph Chew was received at the Camden jail, having been committed by Mayor Banks, of Gloucester City, on a charge of stealing 8 quantity of tools and other articles belonging to the Gloucester Manufacturing Company.

Much of the oruamental work on the new Camden county jail will be carved in Carlisle red stone. RAILWAY NOTES. Rapid progress is being made for the reorganization and consolidation of the Vermont Central and the Vermont and Canada Railroads on the plan which the American Loan and Trust Company have in charge. The equity of redemption under a decree of the United states Court for the foreclosure of the first mortgage of the Vermont Central Railroad expired some days since. Yesterday the holders of the first and second mortgage bonds fled articles of association with the Secretary of State for organizing new company.

Tao name of the new company is the Consolidated Railroad Company of Vermont. The directors for the first year are: B. P. Cheney and Ezra Baker, of Boston; James Laagdon and W. H.

H. Bingbam, of Montpeller; E. C. Smith, of St. Albans; Joseph Hickson, of Montreal, and J.

Gregory Smith, of Bt. Albans. The holders of over two -thirds of the first mortgage bonds have signed the articles of association of the new company, and the owners of fourtifchs of the second mortgage bonds have also accepted the terms of consolidation 88 contemplated in the act passed by the last Legislacure. The new company will take possession of and operate the consolidated road. The holders of the Vermont Central and Vermont and Canada securities are now working in harmony in and under the plan for the of these roads.

PURE BLOOD means perfect health. Use Samaritan Nervine and the result is certain, i. health. Mrs. Orlena Marshall, of Granby, 0., says: "Samaritan Nervine cured me of epilepsy." SPRING BILKS AND DRESS GOODS In immense variety, at Cooper Conard's Ninth and Market OPEN DOORS TO CORRESPONDENTS.

The Suit Against James MeHenry. To the Editor of The Inquirer: FIR: In your iseue of this morning is an Item of "Railway Notes," in which it la stated that a suit is on trial in New York by the New York, Lake Erie and Western Railway Company against James McHenry to recover, 089-17, which the Lord Chancellor England bed decreed in 1879 should be paid by Mr. McHenry to that company, and which has never been paid. The actual facts of the case are these: The English decree was that Mr. McHenry should pay over to the railway company £268,989 which he had raised for the company by the sale of its bonds, on condition that the company should traneter back to Mr.

McHenry 11,500 shares of the stock of the C. C. C. and 1. Reilroad Company, which he had bought for New York, Lake Erie and Western with the money so raised, and which gave the control of the C.

C. C. and I. road to the Erie Mr. McHenry has always been ready to perform his part under the decree, but the railway company has never been ready to band over the shares.

The present suit in New York is an attempt by the company to "have both the penny and the cake," to bave the conditional decree converted into en absolute judgment in its favor. Very truly, JOHN BELLANGEE COX. PHILADELPHIA, April 24, 1883. A Neglected Remedy for Communism. To the Editor of The Inquirer: SIR: Professor Winchell's able article on to the United States," in the May number of the North American Review, pointe out serious and alarming threatening from the riot system, and says "that the communistic tendency is and must naturally be progressive the United until probably some great changes are made in the basis of political power." The changes in the basis of political power, thus hinted at, could only come in the shape of restriction and concentration of such power.

This result is simply impossible, unless through means of 8 bloody revolution whose horrors would be appalling. There la another remedy that has never yet been alluded to, although it comes on the authority to which we owe universal education, Democracy or Republicanism in all their noblest forme, and that magnificent toleration, whose inestimable value almost no man questions to-day. The authority to which I refer makes a most pitiable confession of the late Johns Hopkine simply one illustration of a stern and unvarying law. Said Mr. Hopkins (L am compelled to quote from memory): "Next to the hell of being utterly destitute is the almost equal bell of being possessed of great wealth.

1 have accumulated wealth, but not happi ness Mr. Hopkins gave reason for this wretched failure of his existence that he Was worried by constant anxiety, because so many were constantly endeavoring to get posseasion some portion of his great hoard. He found what the world never yet has learned, that there is a most terrible significauce lying under words, "where thieves break through and steal." The command to which this stern, appalling and unyielding sanction is appended does not forbid a man's making himself thoroughly, most thoroughly, comfortable. Thiany man competent to understand the original of the Sermon on the Mount will readily acknowledge. But it warns him, if be would not ruin bis earthly happiness, not to make himself A large tiportion of the world -day would unhesitatingly say that the giver of the teaching to which I have referred did not understand political economy and the nature of man.

This remains to be proved by an induction of instances. I could quote many on the Master's side, the "Iron Duke" among them. If Christianity be right, is it the true remedy for Communism, and is it not a peacesble and effective one. J. B.

W. THE STAGE Chestnut Street Opera House 7-20 8" by Mr. Daly's Company of Comedians. There are at the present time three schools of acting in the United States, no more. There is one in Boston, the Museum, where the master actor is William Warren; there are two in New York, Wallack's, of which John Gilbert is the master, and Daly's, of which there is a master and mistress, Charles Fisher and Mrs.

Gilbert. These are they who have brought down to us from another generation the traditions of the theatre. It is no abuse of the title to call them great artists of comedy. To see them act is to learn the art of acting. They learned the art when every theatre in the country was a school of acting; when here, in the old Chestnut Street Theatre, in the farce of To Parents and Guardians, a trifle, forty minutes long, Joseph Jefferson, John Sleeper Clark, Dion Boucicault and Agnes Robertson might nightly be seen, or when in New York, at Burton's new theatre, there might be seen, in the School for Scandal, Charlotte Cushman, Lizzie Weston, William E.

Burton, Charles Matthews. Rufus Blake, John Brougham, Lester Wallack, and others of like excellence. These were all great masters of acting, and under their teaching there grew up to eminence many worthy actors--actors educated in their art, before whom the barn-storming amateurs who infest our stage and inflict audiences would not have dared to speak a line. The actors who are being educated now must go to school at the Boston Museum, or at Wallack's or Daly's Theatre in New York. Of the great actors of elegant comedy there are none living either in America or England who are comparable to either Warren, Gilbert or Fisher Mr.

Fisher can put aside the powdered wig, the knee breeches, the cocked hat and the snuff box of the Old Beaux and shine with as refulgent a light in a purely eccentric part. as he did last week as "the Mad Parson' in the Squire, or in a heroic part as he did long years ago in playing Dinmont" to Miss Cushman's "Meg." A fit companion to this great artist is Mrs. Gilbert who also is a representative of that elder school, full of fine and gracious dignity and repose, whose speech and ge ture and pose are all directed by a fine intelligence, and colored by that touch of nature which makes her character akin to all the world. If Mr. James Lewis, of Mr.

Daly's company of comedians, is of a later day, as his acting indicates he has drunk reverently of the pure spring of the ola school of his associate, Mr Fisher, blending something of its dignity and repose with the quick patter and broader freedom of the preseat time Mr. Lewis is an actor of great originality and of remarkable versatility. He can run the entire gamut of Comedy and command admiration in every part, his last always being the most admirable, dimming by its exquisite humor and drollery the memory of all preceding ones. Nothing can be more eccentric than his eccentricity; nothing more variab or diverting. His creation of Gunpion," in the Squire, and especially his scene with the "Squire" and the "Parson," in introducing his daughter "Felicity," is one of the most felicitous bite of acting ever seen upon the stage.

No other word was ever spoken with such expressions of disgust as that word -disgust because it was "milk" and not "beer," as he had expected. His description of "Felicity" as a "desolate" character gave not enly a new meaning to that word, but presented his daughter as a picture of human depravity boyond all imagination. Mr. Charles Leclercq, who plays "Professor Gasleigh," an eccentric part in Mr. Daly's Comedy at the Opera House, is Another educated actor.

preservative of the best traditions of the stage. His humor is often of the dryest, and yet with a word or look or gesture he frequently conveys a world of comic sense. Few actors put themselves at once in such close fellowship with an audience as Mr. Leclercq. He does not co ne to the footlights.

as Miss Rehan does, to take them by the buttonhole, as it were, to communicate confidentially a jest or witticism, or some exquisite bit of humor, but from a distance, by word, act or pose he entraps their sympathy and compels them to laugh with, not at him. In all those scenes where Mrs. Gilbert, Mr. Lewis and himself are upon the stage in the Boomerang the comedy is of the finest and brightest, and to it Mr. Leclercq contributes his full share.

He has remarkable facial mobility, and curious ability to insinuate a jest into the minds of his audience with the dexterity that a skilled assassin has to drive a stiletto home. Added to that is the appearance he has of always enjoying his own work. especially when it is particularly mischievous and condemned by purest morals. Somebody once asked, If Mr. John Drew cannot play light comedy, who Well, if Mr Drew cannot, nobody upon the American stage can.

and yet Mr. Drew is not a light comedian in the sense that Peter Richings, William Wheatley and Lester Wallack were Light comedy incindes the heroic element. in which Mr. Drew is wholly deficient. He could, for instance, no more p'ay Jack Absolute" than he could perform on a trapeze.

Yet light comedian sbould be able to play Absolute Mr. Drew effected his first appearance on the stage in one of those brighs little farces, Cool as a Cucumber. which Charles Matthews made so attractive: and a cooler piece of business wes never attempted by a tyro, for Mr. Matthews had played the same part upon the same stage only a fortnight before. He played it differently from Mr.

brew. Mr Matthews was and is Mr. Drew's a aster and model. He could scarcely have had a better one, but he has not reached the plane upon which his master walked and acted. Mr.

Matthews was one of. the most mecurial and at the same time one of the most elegant actors of our time. No one since he departed has ever entered 8 room with his grace of manner, or got rid of his top coat and hat, or twirled a cane or took off his gloves with his rare elegance. Mr. Drew has mixed with the light comedy of the Matthews school a good deal of originality.

He has, in fact. engrafted the manners of the high comedian of to-day with those of the elder Pelham school. and the effect produced is exceedingly happy and always pleasing. There is a fine spirit of naturalness about his comedy, but the moment he gets out of comedy he becomes stiff, inelegant, ur natural and of the stage stagey. Given his own stilts he can walk upon them with ease and grace, but given anoti er's stilts, as in 'Eric in The Squire, he is clumsy, awkward and stumbies like an amateur over his heroic or patheti: lines.

In such parts as Courtney Corliss" in the Boomerang Mr. Drew's art is seen at ita best and is hugely enjoyable. His foot is on his native heath in this play, and all the scenes between him and Miss Rehan are cast in the finest mould of modern comedy. They are like two skilled swordsmen whose weapons are the finest foils, and who give and take with a grace and charm of skill that is beyoud all rivalry. Mr.

Drew's limitations as an actor are not broad, but within them he is an actor of great excellence. There actors we have named in Mr. Daly's company are masters of acting, or graduated pupils almost fit to be called masters. Miss Dreber should possibly be classed with them, but she seems to us to be rather with the of the school of Charles Fisher and Mrs. Gilbert, whose art is worth considering by itself.

THE IN EGYPT." -The grand chorus of the Cecilian came out in splendid force last evening for the third performance of Handel': oratorio, Israel in Egypt. This dimeult work was Arst given here by the Cecilian Society about a year ago, and shortly afterwards the singers joined, with many others, to repeat it at Theodore Thomas' New York Festival of Music. A work of such colossal difficulties, even when tolerably rendered, would be entitled to special consideration. But we can say with emphasis that, for the most part, last night's work was a very good example of chorus singing. Mr.

Cross has improved upon his first performance, especially in the greater uniformity of attack. In the chorus, "He smote all the fratborn of the steadiness of the singers was remarkable and added much to the effect of the short, sharp, massive chords Like nearly all choral organizations, the Cecilian does its most arduous work the best We could not wish to hear the famous Hailstone chorus better rendered, and it well deserved the repetition which was demanded. Yet in the chorus, Chey loathed to drink of the river." which is much less difficult, a very bad beginning was made. The closing choruses of part first were well done, but in all of them the need of a grand organ was felt. In the great triplet passage for the contra bassi the chorus, "The waters overwbelmed their enemies." all the bass force of the Thomas orchestra sounded thin and feeble against the massive tones of the chorus.

If the Cecilian wishes to achieve one more great triumph for art we suggest that it provide some means of having an organ to accompany its proficient chorus by another year. The second part of the eratorio gives almost the only opportunities for the soloista. The duo for two soprani, "The Lord is my strength," was well sung by Mme. Minnie Hauk and Miss Hattie Schell. That stirring and vigorous base duet, "The Lord is a man of was given by Messrs John F.

Winch and Ivan E. Morawski, and had to be repeated in response to great appisuse. Miss Emily Winant sang shalt bring them in" with ail the wealth of her rich contralto voice. It she would avoid such frequent pauses for breath taking this excellent singer would add still more to the effect of her interpretation. Mr.

Theo. J. Toedt sang "I will pur- sue" with a good deal of spirit, and mastered the almost interminable runs of the piece with commendable care Mme. Hauk's chief successes were in the solo. hou didst and in the grand a which introduces the last chorus, "oing ye to the Lord." Here her voice soared up above the mass of tones behind her with fine effect.

It does not need to be added that the Thomas Orchestra played a thoroughly clear understanding of its work, and that the leading of Mr. Cross was careful and masterly throughout. GERMANIA ORCHESTRA. -The next public promenade rehearsal of the orchestra will be given at the Academy of Fine Arts to-morrow afternoon at three o'clock. The programme is as follows: March Aida (requested).

Waltz- Die Schwalben. Strauss Paraphrase- (requested). Nesvadba Symphony, No. 14... Haydn Adagio -Allegro.

Andante. Menuetto-Allegretto. Finale -Vivace assai. Overture Merry Wives of Windsor (requested). Rhapsodie Hongroise (requested).

THE THOMAS CONCERTS. -To-morrow Theodore Thomas and his orchestra will give two grand concerts, a matinee at two and an evening concert at eight. The music to be performed at each is of that high character and interesting variety which have gained for Theodore Thomas the credit of being the great "programme maker." In the afternOOD there will be the overture to Tannhauser, a supplementary movement to Ocean Symphony, Liszt's Second Hungarian Rhapsody, the William Tell overture, with vocal selections by Miss Belle Cole. The Pastoral Symphony will be performed in the evening, and a memorial programme for Wagner, Mr. John F.

Rhodes will also play a violin concerto by Ernst. CARL GERTNER'S CONCERT. -Mr. Gertner will give his ninth classical concert at Association Hall on the evening of Thursday, May 3. He will be aided by the Gartner String Quartette, also a vocal quartette of pupils and Mr.

Heinrich Schneider, ciarionet. The programme is a very excellent one, ard will conclude with the delightful clarionet quintette by Mozart. At the Hotels. -W. D.

Eaton, Boston: Rev. Bradlay Abbott, London; Hacker, Boston: E. B. Haynes, N. George Colby, Boston: Thomas N.

Ely, Altoona: J. Randall, N. Frank E. Greene, N. W.

Saul, England; E. V. Dean, England: H. Taylor. Baltimore; J.

F. Cake. Washington D. W. K.

Ganiar, Brooklyn; Rev. W. B. Greene, Boston Girard -Hon John C. Herman, Harrisburg; W.

A. Lewisburg; O' Donovan Hossa, N. H. Watson, Brookville; Palmer. San Francisco; Major K.

Hogan, N. H. B. Melich, Williamsport St. -A.

B. Stewart, Orangeville, Pa; Hon. W. Bryson, Columbia county, B. Weaver, Howard, Pa; E.

W. Wi-e, Marysville; W. Brown, Lewisburg. Merchants'. -George W.

Scott, Maryland; 8. Townsend, South Bend, W. G. Duvall, West Virginia. St.

Cloud -A. Russell, Danville, H. R. Whitcow Lock Haven; C. Kegel.

Tyrone, Pa; J. Corcoran, Williamsport; V. 8. Barker, Edensburg. West End.

-N. B. Bosnton New York; Rev. R. B.

McNeill, Boston; Rev, Torrence, John B. Shaw, Md. Aldine -F. V. Barton, New York.

Miss Calvin Wells, Pittsburg. I. A. Rhodes, New York. -H.

McCauley, Asbury Park; Elmer, bridgeton, N. Jas. Oliver, New York; Wesley Fisher. Harrisburg. -T.

M. Drown, Easton; L. G. Reed. Erie: Dr.

C. Pike, Peabody, A. W. Barkelew. N.

W. Davis, Dayton. Ohio. Bingham. -Hon.

A. H. Dill, Lewisburg H. T. Thompson.

Chicago; John F. McGuire, Brooklyn; Milton F. Bonney, Lawre-ce, Mass Lafayette -J. W. Findlav, W.

A. Meiers, Williamsport: John B. McPherson, Lebanon; G. Hodgson Horsfall, Liverpool. CHOICE DRESS GOODS IN GREAT VARIETY.

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