616 



NEW YORK. 



of action stated. To the complaint thus modi- 

 fied, Ingersoll demurred upon the ground that 

 the plaintiffs (the people of the State) had no 

 standing in court, or right to maintain the 

 action; and the lower courts decided in his 

 favor. 



Thus two conflicting decisions have been 

 given, one affirming, and the other denying 

 the right of the State to sue.. 



No opinion was expressed by the Court of 

 Appeals concerning the allegations and state- 

 ments stricken out as above mentioned. Nor 

 did the appeal involve the right of the State 

 to maintain an action against the Auditors for 

 malfeasance in office, or any person occupying 

 sin official position, and who has been faithless 

 in his trust. The vital issue was as to the 



ownership of the money ; and the court being 

 of opinion that the money belonged to the 

 county and not to the State, held that the right 

 of action was in the former, and not in the 

 latter, and therefore affirmed the ruling of the 

 lower courts. 



A State topographical and trigonometrical 

 survey of from 3,000 to 5,000 square miles of 

 the Adirondack region has been in progress for 

 several years under Verplanck Colvin. The 

 reports already published present many facts 

 not before known. The positions and altitudes 

 of hundreds of mountains, lakes, and other 

 features, were determined, many of which had 

 not been indicated on any map. The heights 

 of many well-known peaks, heretofore esti- 

 mated, were ascertained with accuracy for the 



Longitude West 74 from Greenwich 



first time, the highest two in the State, Mount 

 Marcy and Mount Mclntyre, being 5,402 feet, 

 and 5.201 feet. Mount Haystack and Mount 

 Skylight, which have heretofore escaped the 

 attention of surveyors, were found to rank 

 third and fourth in height, the former being 

 5,006 feet high, and the latter nearly, if not 

 quite, 5,000 feet. 'Among 'others measured for 

 the first time, and having an altitude of nearly 

 5,000 feet, are Gothic and Basin Mountains. 



Among those the height of which had been 

 over-estimated, are Mount Dix, found to be 

 4,916 feet; Mount Seward, 4,384; and Mount 

 Santanoni, 4,644. Mr. Colvin reports the ex- 

 istence in this region of the moose, though 

 nearly extinct, and of the beaver in one or 

 two localities. The bear, panther, and wolf, 

 are still abundant, and afford a livelihood to 

 some trappers who kill them for fur or State 

 bounty. The common deer are plentiful in 



