H A PHILADELPHIA, Till) USD AY, FEBRUARY 17, 1870. DOUBLE SHEET THREE CENTS. VOL. XIII. NO. 41. 0 FIRST EDITION THE CITS' TRUSTS. A DECISION OF THE CASE. The Supreme Court Sustains the Con stitutionality of the Act Creating: the Board of Trusts 1 he Opinion in Full. This morning Justice Sharswood delivered tlio following opinion of the Court in the above men tioned case, which was In the shape of an appeal from the decree of the Msl l'rius, refusing an injunction to restrain tho new Board of Trustees from entering npon their dntlcs. and which was instituted s3cly for the purpose of testing tho constitutionality of the Act of Assembly taking the management of the trusts from the city, and vesting it in a Hoard of Directors to be ap pointed by tho Judgosof the Supremo Court and of the local city courts. The decision esta-Uii-bes the validity of the act, and atllrms the decree of tho Nisi Prliis. There was no dissent on the part of any of the Judges. C'ty of Philadelphia, r. Fox. Appeal from the decree of the Ctiitrt of Mil I'rum. in fruity. The city of Philadelphia la, beyond all question, a municipal corporation, tluit is, a pnlill'i corporation created by tlio government for political purposes, and havlnx subordinate and local powers of legisla tion, it Keat., Comm., Vi5 an Incorporation of per sons, toihahilants of a particular placo, or connected with a particular district, cuabliug tliem to conduct Its social civil government. Uur. Max. Corp. 1.) It is merely an agency institnted by the sovereign for the purpose of carrying out In detail Hie objects of government essentially a revocable agency, having no vested riht to any or lis powers or functions the charter or act of erection being In no sense s contract with the State, and therefore fully subject to the control of the Legislature, who may enlarge ir diminish Its territorial extent or Its functions, may change or modify Its internal arrangement or destroy its very existence, with the mere breath of arbitrary discretion. Sic voln, m'c ivbeo, that Is all the sovereign authority need say. This much Is un deniable and has not been denied. That while it thus exists lu subjection to the will of the sovereign, It enjoys the rights and is subject to the liabilities of any other corporation, public or private, is equally undoubted. This was tlieverv object of making It a body politic, giving it a legal -entity and name, s seal by which to act in solemn form, a capacity to con tract and be contracted with, to sue and be sued, a fxmiia tt audi in jwlici, to hold and dispose of pro perty, and thereby to acquire rights and Incur re sponsibilities. These franchises were conferred upon It for the purpose of enabling it tho better to effect the main design or Its Institution, the exercise of certain of the powers of government, subordinate to the Legislature over a certain part of the terri tory of the State. Hut all this affects its relations to other persons, natural or artificial : It does not touch its relation to the State, lis creator. It Is nothing to the puipose, then, to show thata city may act In cer tain particulars as a private corporation may make contracts as such, and that it cannot impair the obligation of a contract enured into by it In that capacity because It may deem it tor the benefit or its .citizens to do so; nor is It in the power or the legislature, under the provisions or the Constitu tion, to authorize the violation of suoh a contract. Western having Fund Society vs. City of Phila delphia, 7 Casey, 175, 1S5. It is equally aside from any question respecting Its essential Bator aud sub jection to the sovereign will to discuss Its liabili ties for the acts or aeglecU of Its otlluers or agents, or whether It can rightly be made or has been made responsible for such as are not appointed or selected by itself, but by the State, or In some special mods provided by the Stat-. Mayor vs. Bally, 2 Dcnlo. 4:i3 ; Pruther vs. City, ltl B. Mansor, 669; Alcorn vs. The City, a Wright, 348. The sovereign may con tinue its corporate existence, and yet assume or receive the appointment of all Its officers or agents into Its own hands; for the power which can create and destroy can modify and change. Indeed, the Legislature of this Commonwealth, under the Con stitution, could not by contract invest any munici pal corporation with an irrevocable franchise of government over any part of its territory. It cau uot alienate any part of the Legislative power which hy the Constitution la vested lu a General Assembly already convened. Parker vs. The Commonwealth, t llarr, 607. if the Legislature wish to attempt to erect a municipality with a special provision that Its charter should be unchangeable or Irrevocable, such provision would be a nullity ; lor acts of Par liament derogatory from the power of subsequent Parliaments iiind not. 1 MlackBt. Cora., 90. That suck political institutions ktve not and can not have any vested rights as against the state Is strikingly illustrated and exempUilcd in the Borough of Dunmore's Appeal, 8 P. F. smith, 374, wheu it was held by this Court that municipal corporations, being creatures of legislation, have 110 constitutional guarantee of trial by Jury, and such trial way be denied them. such a municipal corporation may be a trustee under the graut or will or un individual or private corporation, but onlv as it seems for public pur poses germane to its objects. The Mayor vs. Elliott. 3Kawle.no. Cresson's Appeal, S Casey, 487. Vidai vs. The Mayor, 2 Howard, tt. lam aware that it has I ice 11 said oy high authority in England that it may take and hold In trust for purposes altogether private. The Mayor vs. Gloucester, 1 House of Lords, H8.1. Hut the administration or such trusts, and the consequent liaoUittes incurred, are alto gether inconsistent with the psblle duties imposed iiki the municipality. It could hardly be pretended, I think. In this country that It could be a trustee for the separate use or a married woman, to educate the children or a donor or testator, or to accumulate for the benefit of particular persons. It cerutiuly Is not compellable to execute sucn trusts, nor does it seem competent to accept and administer them. The trusts held oy the city of Philadelphia, which are enumerated in the bill before us. are germane to its objects. They are charities, and all charities are in some sense puDllc. 11 a trust is ior any particular persons, It is not a charity. Indeflulteues is of its fssence. The objects to be Benefited are strangers to the donor or testator. Ths widening and im provement of streets and avenues. planting them with ornamental and shade trees, the education of or phans, the bnlloing of sehooihouses, the assistance aud encouragement of young mechanics, rewarJiug ingenuity In Hie useful arts, the establishment and support of hospitals, the distribution of soup, bread, or fuel to the necessitous, are oojecis within the general scope and purposes of the municipality, -I'he king himself may be a trustee, t longh lie cannot be reached hy the iimoess of any court without his consent, Hill on Trustees, 4!), and so may the State, though. as I take It, under the Constitution only, for objocts rorinann tn the nurooscs of uovermnenL The ;n- rnmentof the United States has accepted and ad ministered sucn a trust under tne wilt or James Hmlthson, "for the promotion of knowledgc'among men." When, therefore, the donors or testators of these charitable funds c routed or devised them in trust to the municipality, they mast be held to have done so with tho full knowledge that their trustee so elected was a mere creature of the State, an agent acting under a revocable power. Substantially they trusted the good faith of the sovereign. It Is plain too plain, indeed, for argument that the corpora tion, or accepting sucn trusts, coiiu not mereoj 111 vest Itself wlih any immunity from legislative action. Such an act coma not change iu essential nature. it is surety not competent ior a mere municipal or ganization, which is made a trustee of a charity, to set no a vested right iu that character to maintain such organization in the form in which it existed when the trust was created, and thereby prevent the (State from changing) it as the public interests may reuulre. Montpelier vs. Kast Montneller, Vermont. VI. This whole question is put at rest, aud that as to one or the most important 01 these trusts and an to this trustee, by the opinion or the Supreme court ot the united states in i.irara vs. riuiaueiuDla, I wai. lace. 14: "It cimnot admit of a doubt." savs Mr. Justice llrler, "that whew there is a valid devise to a corporation, in trust for cliuriiablo purposes, nn. affected by any question as to its validity became of superstition, the sovereign may Interpose to enforce 1 bo execution of the trusts, either by cliangiuu the adraiiUstrutor, If the corporation be dissolved, or If not bv modifying or enlarging its franchises, pro vided the trust be not perverted, and no wrong dono to the beneficiaries. Where the trustee is a corpo ration no iiiouiucation or its runctious or cnaugn in its same, while Its identity remains, can affect its nubia to hold property devised to It tor any nurDoee." With equal plausibility might It he tiretendcd that tlie acceptance by the feovtrnment of the United States or the bequest or JaruesSniltuson limited the power or ameadmout retained in the Federal constitution. ir it couiu t such effect, the 0111 V logical consequence would fee that the acceptance or the trust would be ultra rfriiw, and void ; and so If the secoptancs of a trust , by a municipal corpomcon can erat to impair the ; n .r ol th sovereign over u ua uci, m nciipi- i npn la a nullltw In consistency with these views, for which I have forborne to cite cases, which might, however, be heaped np ad nauem, on what principle can the set or .lunnso, 1H9 (Pamph. L., 127tl). be declared unconstitutional ? It provides merely that one cIofs or the func tions of the municipality shall be admi nistered In a manner different from that which has been nsed heretofore. The bend and front of Its offending hath this extent no more. It Is a change In Internal organization. It provides a separate ixxly of cid.ens for tho adminis tration oMhe trusts vested In tho city. It makes that body a permanent one holding their office during good behavior. H Imposes nil the duties de volved on the corporation Itseir as trustee. It per verts no one ot the truBts; It does wrong to none of the iM-neflclaries. We have nothing to do with tho wisdom of the measure with the policy of having such a Ixrnrd, dissociated from the general government of the city, or with the mode of its selection. Those are questions exclu sively for the Legislature. No one, I think, can doubt that it was entirely competent for that autho rity to vest tho entire management aud control of all municipal affairs in Just snch a body as that consti tuted by this act. If they could do the greater, they can do the less. They could make a similar provision for any other department of the municipality. They might establish a hoard of police, of highways, of sewerage, of cleans ing. They have often done so. The departments ol the prlMiiii, of health, of the poor, and of the pub lic, Schools have baeu placed lu the hands of bodies of men constituted and appointed just, as Is 'The Hoard of Directors or City Trusts," aud no one hss ever thought or questioning the eonstitutlontlity of these several acts of the legislature. Kor ir tho legislature, acting forthe State, can resume all the franchises or the municipality into Its own bands, which Is a conceded premise, It can certalny resume any part. Omnr wajti coixtintt in hc mimm. It Is said, however, that as to soino or the tracts under the will of Stephen Uirard, there was a con tract which the Legislature cannot constitutionally Impair, if this was so, it would be no valid ground for declaring the act void os to all the other trusts, ltut there Is no such contract Impaired by this act. Mr. Uirard left throe hundred thousand dollars to the Commonwealth to be applied to tho pur poses of Internal navigation, on the condition that certain laws should be passed as to Delaware avenue, Water street, and wooden or brick-paved buildings. The money was accepted and the laws were passed. They stand unchanged and unrepealed on the statute book. No alteration or moditlcation of them by any of the provisions of this act has been or can be pointed out. It is a contract, if a contract at all, completely executed and fulfilled on both sides. ' It remains to consider one more ground of objec tion to this act. It is seriously and earnestly con tended that It Is in contravention of the eleventh section of the ninth article or tho Constitution, which declares "that all courts shall be open, ami every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice admin istered without sale, denial, or delay." It Is sup posed, If I understand the argument aright, that because the Judges of. this Court, and of the Dis trict Court and the Court 01 Common Fleas of Philadelphia, are vested with the function of appointing the Directors or the City Trusts, or dis placing thum It unfaltiiful, ami or lilting vacancies, they are thereby rendered Incompetent to decide any controversies which may arise out or the man agement of the Trusts by them. It is Said they are thereby made judges iu their own cause. Con ceding it to be unconstitutional for the Legis lature to make a man a judge in a case in which he is a party litigant, it is not easy to comprehend how It reaches this act. As was well said in the argument, this very proceeding is a practical rerutatlou of the Idea that this Court or any other court is not open to these plalutlffs, or anybody else who may have just cause of action at law or In equity against this Hoard of City Trusts. Nay, can any one doubt that this proceeding might have been anticipated in limine, and a bill tiled against the Hoard of Appoint ment itseir to enjoin It from proceeding to obey the behests or the Legislature ? A judge who ir actually a trustee of a charity may from delicacy decline to act In a case In which lie is a party as such, but surely, as he has no pecuniary Interest In the result, there is no moral or legal reason why he should not. If it Is not necessary, it is bis duty to do so. I have no doubt It bas been often done, but I will montlon one Instance within my own experience. The city or pnuaueiptiia 111 1809 nicaa ciaim tor taxes against the building occupied by the American Philosophical Sootety, on Independence -Square, under a grant from the Commonwealth, and Issued a urtrejacias thereon in tse District conn ror the city and county of Philadelphia, and it was necessary that the Court should decide npon the liability of tho society to pay tnose taxes. iy orouier Hare ana myseir were both members or the society, and would gladly have excused onrselves from taking any part in the decision. Hut it was impossible. Without one or us at least there could have been no conrt. We heard and decided ths case In favor r the society, and that Judgment The American Philosophical Society, 6 Wright, 8. Tho true rule unquestionably is that whenever it be comes necessary for a judge to sit even where he has an Interest, when no provision Is made tor call ing anoiner in, or wncn no one eise can taice nis place, it is his duty to bear and decide, however dis agreeable it may be. The rights ot the other party require It. 2 Hall., Abr. 93. Drlnes vs. Grand Junction Railroad, 8 ITottso or Lords' Cases, 79. The Act of Assembly of April 14, 1S34, section 87 (pamphlet t, ai9), makes provision for special courts in four cases spsclded: When a President Judge Is personally In the Court at any case depending; when tne title or either party is derived from or through risk, or when he holds under the same title; when any near relation or the President shall be a party or Interested; or where he has been aa attorney or counsel, for either party In the case, or any other case touching the same subject matter. And by the eighth section of the act or April 4, 1843, (pamphlet -i, 131), the pro visions or tne act or it34, a cove reterrea to. are ex tended to the judges or the Orphans' Court, Regis ter s court, uuarter sessions or oyer ana Terminer. It will be observed that the case or a judge being a nominal party Is not specified as a dlsqaalillcatlon, unless he is personally interested. mis court bus neid mat an objection to compe tency, under the act ror the establishment of specUr courts, must be addressed to the discretion of the Judge himseltahd his decision is not reviewable on a writ or error. Harrington vs. Hank or Washington, 14 n. and it., 405; nuraaker vs. Buckley, ltt s. aud it., 7'.': Philadelphia Library Com pan y vs. Myham, 1 wuarton, vt. "mis, saut unison, c. .1., "is con formable to the principle of the common law, lilcli exempts a judge from challenge" That a judge is one of the trustees of a charity is no disqualification, much less when ho merely appoints such trustees. No one ever heard before that he was disqualilied to act in the case of a trustee or his own appointment, in tne case di rectly before us there is nothing in the position or the judges as members or the Hoard ot Appointment whicn could postibiy innuence rneir opinion, or pre veut a fair and impartial consideration and decision of any case which might grow out of their proceed ings. Decree affirmed and appeal msmiaseu at me coats or the appellants. AMERICAN COMMERCE. Important Recommendation of the Npocial t;ouiiniiiee. The Snoclal Committee on Navigation Inte rests will make their report la the Mouse of Re presentatives to-day. rue suggestions tuey make deal only with tho question of the deca dence of American commerce, Us causes, and their remedies. The latter consist of a proposed drawback on Imported material, or an equivalent bounty when American material is used, allow ing the use of bonded ship stores and coal for vessels sailing to foreign ports, and also giving a small bounty to American vessels engaged in the loreign trade, ah Mate ana municipal taxes, dues, and fees, except wharfage and pilotage, are to be abolished, and a uni form tonnage duty of thirty cents per tou is proposed to bo levied. The committee expert to make a further report on the matter of aid to mail steamship Hues. There are several propositions referred to them, which are now nndcr consideration. They hope also to report a revised code for the pro tection of our merchant son ice, and to promote lis efficiency and character. Tho committee have had under discussion the idea of establish ing a. Navul Reserve svstem like the one in use . ... . . 11 . t bv ureat Britain, wnicu enaoica mat ooveru- ment to tummon to ner service twenty tuuu- sand able-bodied seamen. Practical navigators, merchants, and our most eillcicnt Consuls at maritime ports, complain grcivtiy 01 tne inaue quacy of the present legislation relating to Ame rican seamen, me committee are a unit 011 tne rccommcndiitiouH already agreed upon, and upon the policy to o pursued generally. The t'irce Democrats Messrs. (Jalkiu of Newr YorK, vv una 0f Missouri, and Dolman or Indiana ara active In its support, agreeing fnlly with the Uepui- Ht-an majority in tho necessity of adopting a vigorous American policy. THE MAUI.IE HAYS EXI'LOSIOX. Full Purtlcnlnm if th illllnpl Olaimler Ntatetiifiiit ol the itlato of the Ntfiaiuer. The Pittsburg Commercial of last evening says: Mr. Andrew Wilson, mate of the Ill-fated steamer Magglo Hays, arrived In this crty this morning from Cincinnati, to which place he accompanied the remains of Captain Martin, and gave them Into the charge of two brothers 1 of deceased. The body was to have been tukeu to Sietervillo to-dav for interment. Mr. Wilson, resides opposite frconomy, and le.'t for homo this morning. He gave us some additional particulars concerning the explosion, and among other things emphatically denied tho statement made by some'of the papers that the eccond engineer was compelled to run tho boat contrary to his own wishes. Mr. Wilson states that when the boat reached Oliver's wood yard, one of the boilers was found to be leaking badly, and It was deemed best to tie up at that point until repairs could bo mado. i'he first engineer, Mr. Fleming, was accordingly dis patched to Memphis to make arrangements for having the repairs mode. After ho had started, tho second engineer, Mr. McDcnnott, told tho captain in Mr. Wilson's presence that he could make tbc repairs and rnn the boat to Memphis. The captain replied that he did not want to run any risk, and rather than do so would prefer to wait, until Mr. Fleming should return. Mr. McDcrmott, however, patched tho leak, aud when the captain returned, ho told him what be had done, and said he could take the boat up in sulety. Steam was raised, and after con siderable difficulty, owing to a heavy wind blowing at tho time, tho boat got out from shore and started up tho river. Tho boat had gone not more than two miles when the explosion occur red. Mr. Wilson gives it as his opinion that the immediate cause of tho explosion was want of water In the boiler, and accounts for this de ficiency by the circumstance that tho engineer was so busily engaged at the engines during the efforts to get away from shore, that hc bad no opportunity of watching the boilers. At the time of the explosion Mr. Wilson was on the barge in tow. Ho states that when ho heard the report, ho turned around, the boat was enve loped in smoke and vapor, aud in an instant a huge mass of fire from the furnaces, together with portions of the deck and cabin, fell into the barge. As soon as he could reach the boat he fotiud tho captain near tho capstan, iu a half standing position. The captain recognized him and inquired, '"What has happened ?" when he was informed, ho said, "Leave me and save the passengers." The passengers by this time had nearly all reached the barge, aiid after tbc captain had been carried ashore, successful efforts were made to extinguish tho flames which bad been communicated to the barge from the lire blown from the furnace. Mr. Wilson further states that the deck beneath the boilers was crushed to pieces, thus letting thein down into the hold. Ho is unable to state whether more than one of the boilers ex ploded, but the appearance of the wreck showed that the force was exerted both upward and downward. Concerning tho deck hands who are lost, he says he had sent them to the rear of the boat to coll up a stern line, and as the line was found coiled up, he supposes that they were on their way forward when the explo sion occurred. The fireman who escaped had just closed the doors of the furnace and stepped to the starboard sido of tho boat. He escaped with slight Injuries. The other fireman is among the missing. Some of the decs hands who were engaged la colling some Hues on the bow of the boat were uninjured. Mr. Wilson states that Mr. Oliver did everything in his power to alleviate the sufferings of the injured persons, all of whom were taken to his house, and that he and his family were unremitting in their at tentions. The scene of tho terrible accident was forty five miles below Helena, and one hundred and forty-five miles below Memphis. AJiOTURU ACCOUNT. The Memphis Appeal of the 13th lust, con tains the following particulars: Mr. Hamlin, the pilot on watch, makes this statement: We left New Orleans on Thursday, the 8d instant, arriving, after various delays, at the foot of Island No. 6li on Thursday. Some thing was the matter with the boiler, and the first engineer, Mr. Fleming, went to Memphis to get tools to repair it, leaving the second engineer, Mr. McDcrmott, in charge. We left our landing about 2 o'clock on Thursday after noon, towing a barge, and started up the chute of Island W). About half an hour after we had been under way, the explosion acenrred. I do not know what caused it. Captain Martin was sitting forward in the shears, and all at once with a tremendous sound the texas and forward part of the hurricane deck was blown away. I saw tricks and other fixings of the boiler going up in the air, and the smoke-stacks immediately careened to larboard, as did the pilot bouse where we were. The first person whom I saw was Mrs. Durr, daughter of Captain Reese, of Pittsburg, and sister of the second clerk, who was sitting in the otfice at the time of the explosion, and who got out 1 know not how. She came to the pilot house whero wo, myself and partner", Mr. Jones, were, and asked us what she should do. I told her to sit down and be calm, while I tried to get the boat ashoro. Mrs. Suydam, sister-in-law of Mrs. burr (both of whom, with several others, were on a pleasure trip with us), came up also, both of them blackened with tho explosion. Both sat down ns we told them, and I tried to get the boat's head ashore. It was lucky we were not in the stream. The boat had not caught lire yet, although we could see plenty of lire amid the wreck. She swung arouud towards shore, and the barge which we were towing touched the bank. There was no way to make it fast, however, and, leaving tho wheel, I cut tho guy ropos of the chimney, and, knotting them, threw them ashore. Mr. Jones, my partner, ran out and made the end fast. Meanwhile I saw tho boat taking fire for ward, and I sent Mrs. Durr and Mrs. Suydam aft, and put thorn under the charge of the mate, Mr. Andy Wilson, who took them down the after stairway and put them ou the barge, where the other passengers had most of them already congregated. In a short time the guy rope that I hud thrown out parted, but the mate got out a hawser and made fast. The crew meanwhile wore doing everything in their power to suppress tho flames, but soon iouna their attempt without avail. The captain had been found shortly after the explosion standing forward by the capstan, perfectly block, and burned so that no one could have rccoirnizod him. He recognized the mate, however, and asked him what had happened. He was taken on the barco and carried ashore. We had made shore at tha landing of B. L. Oliver, who immediately commenced doing all he could for us. working as if his life depended upon It. The second engineer, Mr. McDemott. was hunted for and found. He was still alive, and thouirh horribly burned and scalded, was perfectly sensible. Ho was able to talk, and said that he was standing just aft of the boiler that blew up (tho larboard one). Ho was curried nshore, and though everything that could bo was done for him. be died in the course of two hours and a half, perfectly conscious to me nisi. juuxmys was burning meauwuue, ana Durnea aown to the water's edo-o. un can ing over the list after we got so that we could do so, we iouna mat besides the captain and engt neer, there were four hands mlsslmr. all ue- groes. One was named James Murdon, a fire man from New Orleans; the other three were roostabouts, named Tom Walker and Dan Pkinner, from Ucllealr, aud John Harris, from rittsburg. Mr. H. L. Oliver did everything in tho world that Immunity could dictite to alle vlato the wants and sufferings of all the sur vivors. Not a passenger was Injured. The second clerk was aft; he tried to get to the ofllco but could not. He snvs when tho explosion occurred tho safe and oliice furniture e Jr blown overboard. The first clerk loft tho bont nt Now Orleans to settlo np somo of her business, and took the railroad up to Memphis, where ho was to join ns. About 6 o'clock tho steamer Commer cial came along and took us olT. She stayed alongside an hour and a half or two hours, and took ns all aboard. Captain Martin lingered a short time, and died before we got to Helena. We left his remains there. THE TWELVE TEM STATIONS. Complication! Growing out of a flrnnd Opera Ilnauft Mrnnatlon-Who Own the Piny and Who OaRht to ha ve the Proceeds. On Monday lost Joseph C. Foster, who is in the employ of James Kisk, Jr., lu a suit brought by him ngainst John E. McDonough and Wil liam E. Dcverna, obtained on order irom Judge Barnard, ex parte, appointing John F. Colo, treasurer and gencrnl business agent ot the Orand Opera ITouso, Now York, receiver "of all personal cqattels, and especially the wardrobes, scenic effects, scenery, and other properties of tbc play called Tuwlov TemfUations," of which the defendants were jolut owners with the plain tiff; also of the manuscript of tho play and moneys nccrncd or to accrue, other than tho froportion going by contract to tho Grand Opera louse; and enjoining the defendants from inter fering with the production of the play. Tho defendants were required to show cause yester day, before Judge Barnard, why tho order should not be continued and mado permanent. FOSTER ItKSTHAINKD. On Tucedai, Judge Van Brunt granted an In junction restraining Foster, John F. Cole, James Flsk, Jr., and tho F.rlo Railway Com- Eany "from assigning, disposing of, or incum ering the manuscripts, wardrobe, properties, ncoessorles, or scenic effects of the "Twelve Temptations, and from paying out or disposing of or dividing among themselves any part of the receipts arising from the performance;,' and fur ther ordering that they show cause to-day why an order should not bo continued. OKIOIN OF TUE TWELVE TEMPTATIONS. Tho defendants allege in their complaint that the "Twelve Temptations" was oritrinally writ ten In German, uud was known as "Eve; or, The Devil's Hoof;" that Foster conceived the idea of reproducing it here, and he had not the means or the necessary knowledge for so doing, Deverna assisted in tho preparation of the ward robe aud advanced &iS00; that McDonough also advanced 71X10, and a contract was entered into whereby they each were to have a third Interest in tho matter; that they then made an agreement with Cole, who claimed that he Joprcsonted tho Grand Opera House, but that Fisli now claims to be the manager of the Grand Opera House to the exclusion of Colo. TUB l'HOCr.F.Dft. That by the contract with Colo, Foster, Dc vernu, and McDonough were to have ono half the net proceeds from tho representation of Twelve Temptations, lets 380O weekly; that tho receipts have averaged t'JOOO per night, but that Foster refuses to account and he and Flsk and Cole have conspired to defraud Deverna aad McDonough of their just rights; and they ask for an accounting. The papers in the case were served upon Mr. Colo, the principal defendant, on Tuesday evening, and service was made upon Mr. Fisk yesterday. THE CASE TO EE SIFTED: The case of Foster against McDonough and Deverna, was called up yesterday before Judge Barnard, Supreme Court Chambers, when Mr. Fine, counsel for the defendants, asked for a few days postponement, saying that he had not yet had an opportunity to prepare the necessary papers. Judge Barnard said tho case must go on, but finally granted an adjournment till to morrow on condition that McDonough and De verna consent to postpone until Monday the hearing npon the order returnable to-morrow before Judge Van Brunt. This was assented to, and the hearing will take place to-morrow. A NATURAL SUSPICION. A Mlna Not a MIsn-The Entirely Natural Donbta of an Old I.ady ol'Ueorsla. Mrs. Dr. Walker, having occasion recently to pass up the Missouri river, was interviewed at New Madrid by the editor of tho Record, and in the course of her conversation the Doctor re lated the following incident of her war experi ence in Georgia: I frequently rode outside our lines, and visited the farm houses, where I found much destitution among the women. The men were generally absent in the Confederate army, or had nea at our approacn. 1 aaministerea 10 a great many sick among those destitute Geor gians. On one occasion I called at the house of an old lady who was sick, ana naa quite a pretty young daughter living with her. I prescribod lor the 01a may, ana lurnisnea ner witn meai cine and some needed delicacies, and gave her great and speedy relief. At her request 1 re' malned all night, and, there being no vacant bed in the house, slept with the daughter, boon afterwards I was called upon to visit a very sick young man in the same neighborhood. By proper meaicai treatment ana attention ne was soon convalescent ana 1 suddenly became very famous in that neighborhood. Exaggerated ac counts of my skill and learning were noised abroad, and reached the ears of the old lady just mentioned. .Not long after 1 was overtaken by night outside of tho lines, and called upon tho old lady for another night s entertainment. 10 my surprise she seemed reluctunt and hesitating, and then said: "Look here, I'm afcard of you; I in afeard to let you sleep with my daughter again, for I am aleard you ain t a woman; 1 aon 1 nciievo any woman could know as much about doctoring folks as you do." I tried to disabuse her mind of such an im pression, but she only shook her bead and said, "I'm afraid I'd rather not." At length I un fastened my hair, and, shaking it out upon my shoulders, said: "Look there, did von ever see a man have such hair as that? Is not that a woman's hair?" "Oh, I don't know," said the old woman, "folks has got a curious way of fastening hair 011 their heads in those days, and maybe its jlst fastened there. I d rather not let you sleep with my daughter any more. You kuow too much for a woman." I tried other means with bettor success, and, greatly relieved, ;he old lady again put me in her daughter's bed. Stoek (laotatloaa bv Telearapa 1 V, M. Olendinnlng, Davis A Co, report through their New York bouse the following; . N. T. Cent, ft Hud K Pitts. P. W. Chu K. 01 W Con. Stock Scrip... W PaoiaoMallHteum... 43 do. scrip 96 Western Union Tele S4 V N. T. ft Brie Kali. . 87 MIL ft St. Panl K.ex d M Ph. and Hea. K 87 V Mil. ftSLPaul pf.ex d 80 S' Mich. South, ft NLK. 68?,' Adams Kxpresa Cle. and Pitt K. 101 a Wells,Fargo ft Co. . . . so Chi. and N. W. coin. . 73 Tennessee 6a, new. GhUand N. W. pref.. 9oy Gold XWM Chi. and K. L R 12vi '.' 1 Market irregular. There was a meeting held In Petersburg, Va., the other day, to nominate a candidate for Judge, and among those present was one of Lee's veterans, The meeting was a large one, and it was found necessary to make the voters stand in line to count them. The line being somewhat Irregular, one of the tollers cried out, "Kight dress," whereupon our veteran ex claimed, "Look here, mister, if you are going to start another war, you must couut me out. I've had enough of that sort of thing;" and with a spring to the rear, he made double-iulck time away for his home, and thus one vote was lost. SECOND EDITION LATEST JUT TX3LHaHA7IX. Board of Examiner" of Retired Naval Officers The New Projectile It is not a Great Success The British Steamer Monarch at Fortress Monroe Advices from the Pacific. Financial and. Commercial Etc., Etc.. Etc.. I2to.( i:tc. FROM WASniWGTQJr. The Retiring Nnval Board. Sprcial Despatch to The Kvtning Tclt jraiK Washington, leb. 17. Secretary Robeson has appointed Rear Admiral L. M. Goldsborough, V. S. N., President, and Rcar-Admlral A. A. Earwood, U. S. N., and Captain William Rey nolds, U. S. N., members, and Commander T. 8. Fillebrown, U. S. N., Recorder, to constitute a board to meet at the Navy Department on tho 21st Instant, to examine the records of tho courts of Inquiry and of boards that have been held in the cases of all (surviving) officers of tho navy and of the Marine Corps, who have been retired uadcr the act of February 23, 1855; the third section of the act of February 21, lStll, tho six teenth, seventeenth, twenty-second, and tweuty thlrd sections of the act of August 3, 1SG1, and the first and fourth sections of the act of April 21, 1804, and also to examine the proper records of the Navy Department, In the cases ot officers concerning whose retirement, under the abovenamed acts and sections of acts, no record of a court of Inquiry, or of a board, is on file in the department, in order to ascertain the cause or causes of their retirement, with the view of classifying the rotired otUcers appro priately in the Navy Register. The board is to make a specific report to the department, in each case of a retired oMiecr, as taken from the proper records of tho department, in order that it may clearly appear whether tho retirement took place owing to "incapacity to perform tho dntlcs of his otllce resulting from long and faithful service, from wounds or Injury received in the line of duty, from sickness or exposure therein, or from other incident of service," or owing to "disability or Incompetency proceed ing from other causes." Arrival or tho monarch. The British iron-clad steamer Monarch passed in the Capes this morning, at T o'clock, for An napolis. She has a fine brceae from the east and is using sails. Naval Orders. Dtpteh to tht Associated 1'rtsa. Washington, Feb. 17. Master George Nor- ris is detached from slgcal duty at Washington, and ordered to the Michigan. Ensigns Albert R. Condon and George J. Mitchell are detached from the Plymouth, and ordered home. Ensign W. B. II. Frailey has resigned. Customs Receipts. The following are the Customs receipts for the week ending February 12: Boston $273,243 New York 2,448,784 Philadelphia 150,134 Baltimore 130,987 Total $2,915,148 Appointment. Robert J. Stevens, formerly Superintendent of the Branch Mint at San Francisco, has been appointed one of the Assay Commissioners, vice R. B. Swain, declined. FROM TEE SOUTH. The New Proiecttlle Not a Nneeem. Fortress Monkoe, Feb. 17. The recent experiment with the double-shotted projectile at this place does not seem to be as satisfactory as was at first supposed. The information was chiefly derived from Messrs. Hill and Roberts, the inventors, who were perfectly satisfied with the result of the experiment. This statement is made in justice to Colonel Baylor, the ord nance officer who conducted the experiment, and who docs not pronounce it a "success." The British Steamer Monarch. Her Britannic Majesty's ship-of-war Monarch, from Portland, Me., is expected to arrive at the Capes some time to-morrow, on her way to An napolis. She draws twenty-eight feot of water, and two pilots have been detailed to carry her up the bay. She is expected to pay a visit to the Roads, but will not do so until hor return from Annapolis. FROM CALIFORNIA. Arrival ofthe Japan at Naa Franelseo. San Francisco, Feb. 17. The steamer Japan from Hong Kong, January 17th, and Yokohama, Japan, on the 24th, arrived at half-past eleven o'clock last night. Her list of passengers, which is unusually small, Includes If. Ilengclmuller and Colgate Baker, for New York. The merchandise by this steamer to go over land to New York Includes 57 boxes of tea, 81 packages of silk-worm eggs, one case of silk, and for Europe 15 bales of silk. The Japan spol:e tho steamship America, hence for China. All well. FROM EUROPE. This Moraine's Quotations. By the Anglo-American Cable. London, Feb. IT 1130 A. M Consols opened at 02 S for money, and for account. American securities quiet. U. S. Five-twenties of 18U2, 61 ; Of 1866, eld, 87'. ; Of 1867, 80; 10-403, 8yj. Stocks quiet. Erie Railroad, 22; Illinois Central, 10ix; Great Western, i;). Livbrpooi, Feb. 17 11 119 P. M. The Cotton mar ket closed dull last eight. Middling uplumls, llv4 ll,vru. ! middling Orleans, ll'.wlW. The sales were 10,0(i0,bales, including iiOOO for export ami speculation. This morning the market opened quiet, and quotations unchanged. The sales are estimated at 10,000 bales, lireixlsruirs closed quiet last night'. Pi bib, Feb. IT. The Bourse opened lirm. Rentes, T8f. ac antwkhp, Feb. IT. Petroleum opsued firm at 6if. 12 We Frankfort, Feb. IT. U. S. bonds opened firm at n for the issue of 186. llAVHB, Feb. IT. Cotton opened quiet and steady. Pasih, Feb. IT The Bourse closed quiet. Rente 7ftf 87(3 Frankfort, Feb. IT. United States Five-twentles closed aotive and uria at Antwsrc, Feb. 17. Petroleum closes Urm at Cfl.,f. :ri,B ai coawiiBw Omca or ir Kntimva TrxoaaJ 1 Tbundir. Feb. 17. 1H70. t ' The money market, since tho subsidence In tlio activity of the stock market, has become very quiet nd easy, and tho supply of enrroncy Is so great that it is literally a drug. It is offered ireeiy at o per cent, on call, and often at 4 per cent., without finding takers. The best paper is eagerly taken up both at the banks and on me street at o per cent., but It is very scarce and in great demand. tjoid was nulct. and rather etcodv. the sales opening and closing at noon at ll'JX, dropping down to In the course of tho morning. Government bonds were in some demand for investment, but prices, in sympathy with gold, are off about from the closing quotations yesterday. The stock market was less active. ana prices 01 ail speculative shares fell oil. In State loans there were limited sales of the first ecries of sixes at 104, and cltv sixes, now bonds, at 100' j'r100". Lehigh gold loan was steady at U2M8H2j;. Reading Railroad was active, with sales at 4H7(ff 484'. Pales of Lehigh Valley Railroad at TA: Pennsylvania Railroad declined to Stt"n Vj; North'l'cnnsylvanla Railroad sold at 'M: MinehiU Kullnmd at 1 I ; ana UH ircek and Allegheny Railroad at 40.'4. Tho balance of the list was neglected. Sales of St. Nicholas Coal at 24", and Chesnut and Walnut Streets Railroad at 44. PRILADELPlllA STOCK EXCHANGE! SALES. Reported by Do Haven ft Dro., No. 40 S. Third street. F1R8T BOARD. ITOoraCs, l se... ls.104 I loosa Read.siOwn. 48' (too City es. New.ioo;i 100 do. 4H ' M00 do.. 18.. 1,3. 100! 100 fMi'O do lt'OS 100 do . do. do. do. do. do, do do. .rjrAin. 48;,' .siown. 4HH , IS. 48', 48-S1 ..85wn. 48V SlOwn. 48 V S.W.48 ti ..18.S10. 48V tluO do 11HX! floo Uoooc A A ruex.xi 100 100 100 100 soo too lots.... 94 11000 NPenna 7s... S8x' tAOOLehgoldL.... Oixl $1000 do Psi to ah Pcnna R..... Bfl'.i 100 do M'4 do. S30.4S'ft 4shLehVK 64', 20 ah Cam A A R. 116V sn Hlnchill It... snwn.... 61V t do Mi?;: 8S do is. BV 1(10 Ml N Pa R..080. 88V I 1(10 sb.OCAAR.b80 40.Vl 1103 do Is. 40 8shChAWalIt.. 44 lOOshbtNieh C... iv Jat Cookb A Co. quote Government secnrltles as follows: U. 8. 8s of 1881, 117118; 6-20n of 1862, H4?;ail&s do., 18S4, H4'rll4j,'; do., 1808 1144 1 143 ; do., July. 1m3, llB'.ctf 113',' ; do. do., 1M7, ll,118,';do., 186, niS.ill3tf ; 10-408, ll'i', lm, ; Cur. 6s, 111X111. Oold, 119'4. Mkssks. 1) Havkn Jk Pkothkr, No. 40 S. Third Street, Philadelphia, report the following quotations : U.S. 6s of 1881, 117 V 118; do., 1802, 114 V 114? ; do. 1864,:il4V114V; do. 1868, UUX; do. 1866, new, 113W118V! do. 1S0T, do. llSHUS ; do. 1868, do., Ii34(ii3v; 10-40S, mv4iig;i: v. 8. bo Tear 6 per cent. Currency, Jl1)4tlil'i ; Duo Comp. Int. Notes, 19; Mold, 119(H9i ; Silver, 116(3118. Union Pacilic K. It. 1st More. Ilonds, $86.v87r; Central Pa cino H. K. 1st Mort. llor.ds, sstf(?0; Union Pacific Land (..rant bonds, fft9ba7l0. Mkssks. William Paintkr A Co., No. 38 B. Third street, report the following quotations: V. S. 6s of 1881, 11T,V4117 : of 1S6', 1141147i ; do. 1804, 114dll4,; do. 18(15, 114VU4V; do., July, 1806 113ifll3',": do., July, 1W.7, 1l3tU3;: do. July, 18C8, llSffllllB','; 6s, 10-40, 119Vtl2V; U. S. Pacilic Rli. Cur. tW, 111X1'! V. Uoid, U9V4119?.'. Naur A Ladnsk, Bankers, report this morning's Gold quotations as follows: 10-00 A. M llB'f 101CA.M 119V 10-19 119,11-tHi " 119 10-36 119.V11-22 ' 119V 100 " 111):11-40 " 119 10-61 " 119'. '1147 " U9 New York Money and Mock Markets. Nw York, Feb. IT. Stocks steady. Money easy at tx6 per cent. Gold, U91;. Five, twenties, 1863, coupon, 114','; do. 1864, da, 114; da 1866, da, 114; da do., new, ivw, do. 1867, 118tf; da 1868, 118 x; 10-408, lis ; Virginia 6a, new, 66.V; Missouri 68,91 ,'.; Canton Company, 66; Cum berland preferred, 84 ; Consolidated New York Cen tral and Hudson River, s; Brie, 47?,'; Reading, 97 V Adams Express, 62 ; Michigan Central, lilt ; Michigan Southern, 88 s: Illinois Central, 141; Cleveland and Plttsbnrg, 101 V; Chicago and Rock Island, laili ; Pittsburg and Fort Wayne, 191 ; West ern Union Telegraph, 84 . Baltimore Prodnee Market. Baitimokb, Feb. 17. Cotton dull and nominal at S4VjC Flour active and higher for low (trades; Howard Street snperflne, 4-75(3;do. extra, r -3506; da family, $6-37; City Mills superfine, t 7505-60; da extra, 15-60(3)6. ; dp. family, $708-78. ; Western superfine, 14-7508; do. extrs, I5-2506-T8; do. family, f 6-12X06-78. Wheat unchanged ; Pennsylvania, lii6 01-28. Corn less Arm ; white, 93096c. ; yellow, 9.10 9&0. Oats, 68056c. Itye, UOc.0 1. Mess Pork qniet at 127-60028. Bacon Arm; rib sides, 1&X01GC.; clear do.,16V01flc ; shoulders, 12V013C. ; hams. 19(o iOc Lard quiet at 16rc. Whisky better at M (2 SI "00 for wood aud Iron-hound. Philadelphia Trade Report. Thubspav, Feb. 17. The demand for Fkiur from the homo consumers is fair at yesterday's quota tions. Sales of 900 barren, Including superOne at $4-26t 4-C0; extras at 4 e2.v 4-75; Iowa, Wisconsin, and Minnesota extra family at 1505-75; Pennsyl vania do. da at 55-60; Indiana and Ohio da do. at f5-8506S6; and fancy brands at I6-6O0T -60, ac cording to quality. Kje Flour may be quoted at 14-75 barrel. There Is no change to notice in the Wheat market. Bales of 1000 bushels Pennsylvania red at $1-250 1-V0. Itye sells In a small way at Si y bushel lor Western and Pennsylvania. Corn is hi demand at full prices. Sales of 6000 bushels new yellow at 890 91a Oats are unchanged. 3000 bushels Pennsylva nia sold at &4(a,55u. Nothing doing in Barley or Malt. Bark In the absence of sales we quote No. 1 Quer citron at 30 V ton. Seeds Cloverseed Is steady, with sales of low bushels at $sm8-85, the latter rate for choice. Timo thy and Flaxseed are nominal. Wlilsfcy Is held at 98c.0t V gallon. LATEST SIIirm'G INTELLIGENCE. For atlditional Marine Sewa tee liirtde Page. TOUT OF PHILADELPHIA FEBRUARY IT STATU OP TBKHM0MKTEK AT TUB KVKNINO TKI.EGRAFH OKKIC'E. 7 A. M 87 1 11 A. M 61 1 9 P. M 56 ARRIVED THIS MORNING. Steamship Prometheus, Orat, from Charleston, with nidse. to E. A. Sonder k Co. Steamship El (.'id, Nickerson, 24 hours from New York, with muse, to John F. Ohl. Steamer liiamoiid state, Wood, 13 hours from Pial tlmore, with nidse. to A. Graves, Jr. BELOW. Brig Ellen P. Stewart, from Sagua. WENTTO SEA. Brig Josephine, hence for bogus, went to sea yes terday. MEMORANDA. Ship Westmoreland, Letoiiruau, from New Orleans, at Bremerbaven id Inst. Steamship Fauita, Freeman, heucc, at New lork yesterday. Steamship Tonawanda, Jennings, hence, at Savan nah yesterday. , ,, , , . , , Bark Don Justo, I.tidwlg, for Philadelphia, sailed from Liverpool 4th lust. ..,,,,, , , . Bark Athetials, liak.tr, for Philadelphia, cleared at London 1st Inst. Hark Bessie Harris, Allen, hence, at tueeBstown 1st inst. . Bark Dorette, Schulkeu, hence, at Bremcrhaven lBBrlg Alice Lea, Foster, for Philadelphia, sailed fnuii Lisiion 14th ult. Iirlg B. Kogfcrs, Crosby, hence, at Antwerp 31st Brig Max, Kuochel, hence, at Bristol, Eng., 4th instant. Sclir Lizzie Batchelder, English, for Philadelphia, cleared at Mat an .as lotli inst. Scbr Nellie Doe, hence, at Savannah yesterday, leaking. schr Ralph Bonder, Mlllan, at Havana 8th inst. from St. John, N. B. Schr Win. U. Tiers, Gilford, sailed from Matanzas Ttli inst. for a port north of Hatteras. Schr iioswell. Conn, sailed from Matanzas 9tb inst. for a port north of lfatteras. Schr Itetecca Florence, Kich, at St. Jago 'id Inst. from Port Spain. , , Schr Amos Edwards, Seiners, at Matunas kih Inst. from Providence. -, , - Schr M. E. Staples, Collin, sailed from Cardenas. 7th tout, lor a port north of ilatterus. I ; ' i 1
Significant historical Pennsylvania newspapers