TiiB DAILY tivurtfNo, TELEGRAPH FHlLA DELPH1A, TUESDa, MAY 1G, 181. CITY IHTBLHUEUCE, 1'DiJ RESERVE ASSOCIATION. Thr, Auniul Reunion To-dny Intercst infr Kitrcltti, The exercises of the annual reunion of the TeunsrlTanla Keeerve Association commenced atfltvclock this morning, at Horticultural Hall. T.tie Fbiladcliiila branch of this association have Zecn making extensive preparations for some time past for this event. Under their direction, the place of meeting was most beautifully draped and ornamented In honor of the occasion. The stare was hung with a canopy of flags, and tinder this was a miniature encampment, with tents pitched, arms stacked, and accoutrements hanging about In. convenient localities. Over the stape were the portraits of the oflicers of the society, and on either elde of the speakers' deek were stationed two brass field pieces, urmounted by regimental flags. The gallery front was decoraied with bunting, silk flags, and appropriate devices containing the names of various battles and mottoes, and tt 3 end of the hall was likewise heavily draped. A large band was stationed in the gallery during tbo entire day, to discourse music at intervals. At 5 o'clock this morning the Philadelphia branch met at Broad and (Jhesnut streets, and proceeded to the West Philadelphia depot to meet the Pittsburg delegation, which arrived at that time, and escort them to their quarters. After having breakfasted the delegation reached the hall about 10 o'clock. They numbered about one hundred men, and their quarters were at the St. Cloud Hotel. Delegations were also present from Williamsport, Lock Haven, and other points. The ollicers of the organization for the pnst year were: President, Andrew G. Curtin; Vice-President, William McCandless; Treasurer, Colonel John P. Taylor; Recording Secretary, Anthony Laws; Corresponding Sec retary, Colonel John H. Taggart. The business meeting was held at 11 o'clock A.M., 10 o'clock being the hour, but It being delayed by the absence of General Meade. The General arrived upon the ground a few minutes before the meeting, and was greeted with pro longed applause. In the absence of the President and First "Vice-President, the meeting was called to order by (ieneral Barnes, who called, upon liev. J. J. Pomeroy, chaplain of the 3d Division, to offer prayer. General Meado was then unanimously elected, and on taking the chair received the heartiest applause. The General returned his thanks In a short speech. He expressed his great regret at not having been present at the hour of 10 o'clock. On account of absence from the city until a late hour last night he was nt made acquainted with the time of meeting. He expressed himself a? heartily a member ot the association, though he was only a honorary member. He said that whenever he saw a meeting of the Reserve Asso ciation advertised he would be sure to be on hand. The Pennsylvania Reserves were the first command that the General held in the late war.and from which he was promoted to higher oflices. The minutes of the previous meeting, held last year at Lock Haven, Pa., were read by the secretary, Anthony Laws, and approved. A communication was read from Governor Gearv, expressing regret at his inability to attend; also another from Mayor Fox, silting that he would be happy to accept of the invita tion and be present in the evening; also another from Colonel William McCandless, expressing regret for necessary absence. A recess of fifteen minutes was then taken to enable the members to pay their annual dues, and enable the members to consult as to nomi nations for ollicers to serve during the ensuing year. After the recess a report was made from each regiment, containing nominations for directors for the ensuing year. The following were the nominations, and were unanimously elected: First Regiment - Major J. 11. T. Coates, Privates W. II. Turner ana Ahred 1. Hubert. Second Regiment Private Charles Dovina, Lieuten ant Daniel Craig, Private O. W. Mingus. Third Regiinont-Kev. J. J. Pomoroy, Lieutenant Samuel Grille. Captain Jacob Leanhart. Fourth Regiment -Private William A. Billigs, Private 'William Ogden. Fifth Regiment Oolonsl J. A. Macfurren, Sergeant Joseph Ij. Macphoraon, Captain Harry Paxson. Sixth Regiment Sergeant O. F Benson, Private Isa&o jj an matin, uoionei uixon Seventh Kogimont-Uafitain John Janison, Private W. tl. Kyan, rrivate ueorge Stewart. Migbth Regiment (Corporal II. Larke, Sergeant E. Ahull. Colonel S. F. Builev. Ninth Regiment Captain George II. Benners, Captain JKnbert 1 aggert, rrivate Erasmus Agnow. Tenth Regiment Captain George Morris, Captain lulff. II. Henderson. Cantain .1. B. Robinson. Kleventb Regiment (Jolonel Daniel 8. Porter, Colonel Robert A. McCoy, Corporal J. A. Oakmao. Twelfth Regiinsnt Major A. G. Olliver, Private Juliu Kellov. M aior J. H. Lucas. Thirteenth Regiment Captain J. W. Welsh, General W. K. Harlshorne, Private William H. Addleman. Artillery Private 8. K. MaoUinuis, Private C. U- Brack wav. Private A. K. Lewis. Cavalry General J. P. Taylor, Captain The idore Stuck, dhmil&in .T. U. He&la. On motion of Colonel Wiiliam B. Mann, it was decided to create an additional vice-president. The Board of Directors then retired to nomi nate ollicers to serve for the ensuing year, and a recess was taken until they should b ready to renort. The directors nominated the following, who were unanimously elected by acclamation: President Fx Governor A. G. Curtin. First Vice-President Colonel W. R. Hartshorn. Second Vice-President ColoDel Jesse Merrill. Thud Vice President Sergeant Dounellv. Recording Seoretary Priva e uUarlea 11. Dovina. Corresponding Secretary Coloaol Joan 11. Tatfart. I'rAB.nrAr-l.iMiilvnjint rtnhert iv. Smith. Cantain "William P. McClellan was appointed orator for the next annual meeting. Adjourned until 3 o'clock P. M. Tli Meeting Thl Afternoon. At 3 o'clock this afternoon a large number of ladies and gentlemen assembled in Horticultural Hall to listen to the annual oration before the Keeerve Association, which was delivered by General Lnt. e tnus summarize it: Oration ly Civuci-nl Wellington II. Eut, Comrades of the Reserves: The friendships formed around ttie camp-tires ou the Potomac, tue liappauauuocK, and the Jaiues llnd in this reunion a Xuil expression. Your presence, the Arm grip, the kindly greeting, are but true reilectlons of tuat sym pailiv and nianlv afli ctiou which was generated la jour'bnjatjts while together lighting the battles of jour country, aud which, while stimulating all the nobicr Imputes or the soldier, made you lor the re mainder or vour lives friends. It is a fJttiug reward lor the privations, the hard Chips, and suiiertugs of years spent in the held that a thrili of picture iu enjoyed in the clasping of liaiids wlih auother wno um nun a use experience And it matters not in what Held he served, for the men who fought iu lrginla, the great southwest, or along the coast of the Atlantic, were all actuated by au honest purpose; were, as soldiers, equally meritorious, aud are to-day uultedly friends. And, purudoxival as it may at tirst appear, it is tni re gard lor men who have faced the storm of battle which impels us to extend the hand of fellowship to the soldier who fought ou the other side. TuU la why to-day ex-Confederate soldiers of every grade hold, by Federal appointment, positions of trust and liou'ii. It la whv a Bcore of them oocudv seats lu the Congress of the United Stales; why ao ex- lyuuii-ucmiB Kenerai was taken into tne caoinet councils of the Government, and why one of the nioBt lucrative positions in the whole Southern country was given, to the veteran Confederate Loncr- Birtet by the veteran Federal Grant. All honor to the two great captains'. To the former, because he was among the ilrst to accept the tuturi'u re sulting irom ir.e contest; to the latter, be cause in the hour of his aud the nation's success he dared to be generous. Had there existed a spirit of malignity among the men constituting the opposing BlUlirB, IUC IDiauunmuiiil u, I'Ct&Cti HUgUt JOI" ft lOIl time have been hindered, aud a war of extermin.it tlou been waging at the present hour. If the. frieudi? feeling which nuimatea the beasts of the men wh) contended with each other in deadly strife on tin battle-held Mia II pervade all classes, the uati.m win be as prosperous and powerful as its douialu is great and Its people tliivalrlc. The orator then reviewed at length the recent war betwten France aud Prussia. lu our late "uupleasautness" the first engagement, at ail general luiu charae.er was f.ngiit umety Uve days alter tne Presi lout's c tU, aud in ir t,u i one hundred lays' after the erection of 0.iifelerii batteries) bad ocmi eom ienod iu Ciiarles'.ju II ir- bor. The time ot-nt bv our neonle lu Hharndului' up their swords fdrtha Or si JJuil Kiin was more than twii a that required by the Uermaus to shatter me uiir.iary power or France. Of course, after our people got ready, they did well. Hull Kuu speaks volumes, especially tUe run part, for the improvised armies eug.ig.id. nut the .'-cbofl which lh 1'rcucU sliul4 iiuve Jearnsd ffoju this fight Wan to be drawn from the expedition with which onr side got away from the battle-field after being whipped. Paris might have been Bved if a few American Congressmen had been at sedan to how French soldiers, after being defeated, how to make a straight coat-tall for the capital of the na tion. The batHe of Sedan was, as has been said, trecislve. It was the crushing op of the last of the Imperial armies. It left the French people power less to derend. In short, it subjugated Franoe, and made her Kmperor a prisoner of war. Henorthas it that Von Moiue remarked on one occasion tiat he "gave no study to the tacslcs or strategy or either or the American armies during th Hfiheilinn. for the reason that he could learn nothing profitable rrom the scrambles of two mobs." if tun man who mntnred Douelson anil Island No. 10, and tought I'ittstuirg canning ann .nuon, ana hRmmered his wav from the Kapldan to Petersburg, supported by the man who marched rrom Atlanta to tne sea tne oiner wno wou m aiihchiu uu uuu ho broke the hack or Rebellion at uettysourg, and Hancock and Snerldan, could have suddenly seized the control of these armies, an opportunity might have presented itself to me Prussian veteran to gain wisdom from a scramble. Jtra ailUOHIl to bccouui lor uiu eiiuriB, uom UlltllPlVC Villi UCIvuniti, uiv uiuuvd, excent on the ground of lneillclent leadership. Instance the last sortie irom i-aris, in wnicn iwo.ww troops were engnged on tno sine or tne t rencn. a battle commencing In the morning and lasting until night was fought with a loss of notify or only two per cent, of the whole body. There certainly was a want of vigor somewhere In that etfort to break through the lines or investment, now in it, com rades? 1b It bombast to sav that one hundred thou sand American aoldters, at liberty to pick out the weakest point in an extended line such as sur rounded Paris, would have succeeded, or, after wrestling for a whole day, mark the place with more than 2(i0( killed and wounded? May I not add that they would have broken through, notwithstanding tne lines were composed or perhaps tne oesc troops in ti e woriav Comrades, let .us profit by the spectacle which France now presi nts to the world. After being eonnuered by the foreigner, compelled to cede large territory, and to pay lmmensa war snosiaics, sue allows herself to become the nrev of the politician. and Is driven to the lowest stage of anarchy. Let us hope that the far not far distant wnon peace "with nimble lingers shall step tip the brazen throats of war." and prosperity and happiness again exer cise their genial Influences iu the vales and upon t ie vine-c ad n is 01 f ranee. isut, anove an, let as shun the rock upon which her fortunes were wrecked. Let us insist that prudence, justice, and firmness shall characterize the councils or the nation, that her rights as a nation shall be respected. that her honor shall be maintained to the full in the Cabinet, and then If, under the providence of Uo1, it shall necoine our duty 10 again take up arms, we shall do so with alacrity, and strike with a power that snail be irresistioie. At 5 o'clock the members of the association are to partake of a grand banquet, and this evening a grand reunion in tne lortn ot a bail will take place at Horticultural Hall. Colonel Wm, B. Mann will be Master of Ceremonies. The Last Day of the Festival. The Ger mans were pretty well tired out this mornina; in consequence of the excitement, anxiety, and fatiguing walks ot yesterday. .Nevertheless there were thousands up early and wending their way towards the beautiful park of the Philadelphia Kille Club on ludian Oueen Lane. The pavilions were beautifully decorated and appropriate mottoes were interspersed amid the rro!upe ornamentation ot buntintr. At iu o ciock oancing was commenced and kept up until 12, when the great assemblage broke up into coteries for dinuer. in tne atter- noon, at 3 o'clock, the LlndcH tree, with appro priate ceremonies, was dedicated, and the peace monument, which was carried in the grand pro cession yesterday, was unveiled. Addresses were then delivered by Dr. Kellner and George Siegeman, and the societies sang, "Der Siegeegcsang," and "AVer hat dich du schoner wald. ' Capture of Burglars and their Tools. The celebrated James Logne, who is no Infant in the ways of crime, was yesterday afternoon arrested at t ranmin street and tiirard avenue. in company with two other thieves, under very suspicious circumstances. Policemen Godsall, McUowan, and llaggerty, of tne Iwelfth dis trict, were the ollicers who were instrumental In the capture of the burglars, lhe names of the other parties under arrest are John Walker and John Jenkins, alias James Hanly. These parties were observed to get out of a wagon at tne above named place, wnen tne ollicers made an examination of the vehicle. They found that it contained a most complete set of burglar's tools, including ropes, lanterns, powder poucues, jimmies, eledgcs, wedges, and in fact all the outfit required in the nousebreaner s art. Logue and bis two friends were placed under arrest, and will be before Justice Kerr this aiternoon. A Gang of Roughs at Broad and Race Streets. Lieutenant Leach, with a squad of men, was detached to keep back the crowd yes terday at Uroad and Kace streets, out round diillculty in so doing by the riotous action of a number ot men said to oeiong to tae uooa win Kngine. The latter refused to obey orders, and one of the crowd stole from a police officer his club. Lieutenant McGnflin happening to pass that point, cave chase to the man who took the mace irom tne oincer. ine ienow ran, cioseiy followed by the Lieutenant. When near the eniilne-house the fugitive stopped suddenly, and over went the officer. The fellow then jumped up and escaped. Just previous to this some one stationed in the warehouse at the southeast corner of Broad and Race streets threw a brick at the Lieutenant, narrowly missing the latter's head, and shivering itself into fragments when it struck the pavement. Attempted Larcent. Thos. Forbcy wa3 drunk, at Eighth and Lombard streets, on Saturday afternoon. He was lying on the side walk and a police officer observed his gold watch hanging out of his pocket. The officer took possession of the time-piece, and while going to tne corner to obtain assistance to nave the unprotected individual taKen care or, one John White came up and attempted to steal the pocket-book from the pocket ot tne inebriated man. White was arrested and is under bonds to answer. The "Gut" Gang Aqain. Charles Parker and Samuel Hood are members of the "Gut" e:aner. These fellows, in company with others. last evening at Twenty-third and Locust streets assaulted several citizens. Officers O'Mealy and Conalin. of the Fifth district, sought to arrest the rioters.wnen tbey themselves were attached. Hood and Parker, however, were taken into custody and Alderman Morrow held each in f BOO bail. Pickpocket Arrested. James Duflln was arrested at Dilwvn and Noble streets yesterday. on tue charge of attempting to pick tne pocnet 01 a lady who was looking at tne parade, is no felt his hand in her pocket, and a gentleman saw the fellow make the attempt. Duuln was arrested by Officer McGrath. of the Ninth dis trict, and taken before Alderman Toland, who held him in bail for a further hearing. "fiea Mixi ffnuTirii njill rtirA 1ramtttir nnA poetic readings this evening, at the Amateur llrnniiniT.rAnm rn HanontaAtii itroAt ahnvA Chesnut. The programme will embrace scenes Irom 'iiieacnoot jor bcanaai, uenry me fijin, r lw lf.vi A cuiirTtiA Atiri 1!snof lilt1 with mlier cclertiniiH. Tim narl intra will ha Vftriftd by music, and a very pleasing entertainment may oe expecieu. Theft at tub Wrong Place William Doane stole an embroidered chair cover from the telegraph operator's room at the Fifth Dis trict ration House yesterday aiternoon. Lieu tenant Flaherty came across the fellow at liroad and Chesnut streets, aud ran htm to the office of Alderman Morrow, wno held mm in 6W bail. Wife Beaters. Andrew Doyle, living at No. l'J'8 Kochford street, has been held in 4100 bail by Aldtrmau Pancoast for beating his wife; and (leors?e Ueed. a resident of Pennsylvania avenue, below Nineteenth street, is under 500 bonds by the same magistrate ior me same ouense. Petty Theft. Catharine Michael, for steal ing a door-mat from a house lu the vicinity of Tenty-6eeond aud Wallace streets on Saturday aiternoon last, has been sent to prison lor tuirty uaj g by Alderman Pancoast. Assaulted Coloreb People. Hugh McCann and George Balrd are under bonds by AlHormiin frirriur f.v. I..atlni. at LMorlith ftnrl Locust streets, a few evenings since, a colored ixian named .Murray and his wife. YACHT RACE. Large Regatta on tlia Delaware. A recatta yesterday took place la the Dela ware between two classes of yachta. The first class Included fifteen feet yachts and the second class craft beyond that measurement. J) or tne nrst class me iouowing were entered. Tla V. f hsrloi O A nut In llanrco A. Hnhnrr. Charles Abel. Hamilton. Disston. Pnlllo Swel- kert, Kate D. Eaker, James S. Eggleton, An drew Warner, Julia, i.dwin Engle, tu. a. Hu bert, 11. V. Turner, toward rratt, u. ltuiman, Winona, A. 8. Engles, John II. Cotton, John J. Hare. James D. Hefley. A. 8. Eggleton, I. M. Harvey, Dodger, J. H. Wurst, J. D. Side bottom. George lloff, Grant, Shuster, Thomas A. Harve', Dauntless, Samuel Wood, John Jeffries, and Edwin Ergee. The second class consisted of the following: Little Annie, J. B. Brewer, G. K. Wise, .Jr., George Lewis, Mary Jane, Palmer, Agile, Will, Mnrv F.mma. Jennie. Ida. and John Iilotz. The race was from Shackamaxon street wharf to the first buoy below the Block House aud re turn. Tno boats started punctually at the time fixed nnd kept well together, and in the follow ing order those of the first class came in: Scherr, Eggleton, Cotton, Abel, Dauntless, Diss ton, Pratt, and Morgan. Of tne second class Little Annie was the firstin, followed by Brewer and Lewis. The prizes were a solid silver cake basket for the winning boat of the first class and a silver urn for the second class yacht. THE DELEGATES. OfTIo the Republican State Convention. This mornlne. at half-past 8 o clock, the In- conditional Republican Club, accompanied by Beck's Band, and arrayed in darn ciotnes, uiacK silk hat. and immaculate eloves, departed from their quarters, at Broad and liaco streets, ior Harrisburir. to attend the convention which is to nominate Republican candidate.3 for Auditor and Surveyor-General. This club is a temporary organization, consisting of the Senatorial and Kepresentative delegates wno are to represent our city in that stale assemblage, it was oiu cered as follows: William H. Leeds, Sheriff, Chief Marshal; John McUullough, William M. Bunn. P.ctrister of Wills, and Christian Kneass, Esq., Aids. The list of delegates is as follows: SENATORIAL. lUnl. 8. James W. Allen. 4. Christian Kneass. l. wiiuam j. fonocii. a. William It. Leeds representative. Hint. 1. Edward toDD. 2. John Thompson. 10. William Lambert. 11. William U. llunu. 13. Ferdinand Dobler. 13. Joseph K. Ash. 14. Pavld II. Lane, is. William P. Miller. 10. Loul9 Wagner. IT. George Sclioch. 18. James Newell. 3. llillarv Conjer. 4. William Elliott. 6. William King. 0. Alfred Stlramel. 7. Ezra Lukens. 8. John McCullongh. . Charles W. Kldgway. The Great Peace Pageant. In our de tailed report of the Grand German Peace Pro cession yesterday we accidentally omitted to make "mention of the appearanco which Shirley Ivoons shoe establishment made in tne line. This firm was represented by five great wagons and a barouche, beautituiiy decorated, contain ing the employes of their shops. If lhe nrst wacon was typical oi tne cutters department, being trimmed with red, black, and white mo rocco; the next represented the stock depart ment, witn machines running; tne next con tained the last-machine; the fourth represented the finishers' department; and the final one the children's department, with the motto, "Cham pion turn team of the United States." Each waeron was drawn oy iour spienuid norses, and the whole elicited the applause and admiration of the lookers-on. Sneak Thief. Sergeant Donnelly, of the Seventh district, yesterday afternoon arrested a colored man named Joseph RalntOrd, who was charged with stealing money from tne casn- drawer In the tavern of Pat Murphy, in that vicinity. Alderman Toland committed the prl soner. To be Illuminated. This evening, from eight to eleven o'clock, the German Democrat buildiner, on (Jhesnut street, above Hixtn, win be brilliantly illuminated with calcium lights of various colors. Run Over by a Waoon. William Creman, living ut No. 810 Inquirer street, was run over at ten o clock this morning by a nay wagon at Seventh and Columbia avenne and bad nla legs badly injured. He was taken to the St. Joseph's Hospital. New York Produce Market. New York. May 16. Cotton quiet and weak: middling uplands. lCXc; middling Orleans, 16"ic Flour timet and steady: mantel witnout ueciueu change. Wheat quiet and steady. Corn firmer; mixed Western. 79,80c Oats steady : Ohio. 6rx69e. Heel steady, fort unchanged. wmsKT quiet at 1XC. FINE STATIONERY AND Card JSnsfrrtvirigf. NO. 1033 CHESNUT BTKKET. 9 13 tathsgSD BITTER WINE OF IROM. There Is neither health, enjoyment, or physical beauty without a rich ferruginous circulation. FIFTY CENTS PER BOTTLE. IIVBBKLL, Apothecary, 1110 Chestnut St. B 10 6tSp No. 002 CHESNUT Street. NEW DESIGNS IN PLATED WHITE METAL TEA SETS. PEARL AND SATIN FINISH, 8 18 itnthS A HEAUTlFIJr. HrOT 18 WEN ON AH. Its not el, its lakes, the fish pond, the old mill, the Old railroad brldge.the handsome drives and avenues, the psrk, and many other points of Interest, are in themselves sunlclent attractions, while the NATU HAL ADVANTAGES of the tract, such as excellent water, rolling country, high and healthy location, faculties for drainage, and HAS? AC 5KS3 TO TUB CITY, render WEN ON A II the most desirable place for building Country Residences within the vicinity of Philadelphia situated on the West Jersey Railroad, 11 miles from Camden, reached in FORrx-rlva MINUTES from your place of business. The Hotel will be completed and opened about the 15th of June. Visit the place and judge It upon Its merits. Tickets and Information famished by DANIEL M. FOX & SON, No. 640 Norttt FIFTH Street. 6 16 12trp" fF TO RENT DESIH ABLE HOl'SK, NO. 8101 jlljLDKIJUXCj i'lavh. van iroiu m to o o cioua.. FOURTH EDITION New Dominion Advices. emigration to Winnipeg, Moro Destructive Fires. AFFAIRS AT THE CAPITAL. FROM THE B OM1NION. IBT ASSOCIATED PKKS3. ExclwivrXy to The Evening Telegraph, The Homestead Bill. Ottawa, May 10. The Homestead bill has passed the Assembly. Its provisions are very liberal. One clause protects debtors coming here for five years against creditors. Foundry Burned. Durham, Ontario, May 16. The extensive foundry and machine-shop ot A. & A. Cochrane were destroyed by fire yesterday. Loss, $20,000. Emigrants to "Winnipeg. Toronto, May 16. Advices from Winnipeg to April 28 have been received. A batch of emigrants from the frontier of Huron and Bruce arrived there, and had to cut through ice in many places. lhe party speak highly of the country. The new steamer Selkirk, owned by lliel. urlll it Co., had arrived, witn a largo amount of fruit and seventy passengers, from Fort Abercromoie in tour days, lhe resolu tions were proposed in the House for investiga tion into The Oulbrenk of 1SOO aud 1S70, and asking compensation for losses, and calling for punishment on those who took the lite ot Mr. Scott. The resolutions were lost; yeas 14, nays 5. The Attorney-General moved an amend ment, which was carried, asserting the belief that the Dominion Government would as soon as poesible decide as to the compensation and punishment of the offenders. The House threw on the Government the responsibility of seeing to it. Dwelling-houses Burned. St. Catharines, May 16. Four dwelling- houses and barns on Duke and James streets were destroyed by fire this morning. The occu pants were G. P. M. Ball, William Amittie bcrger. Patrick Riley, and A. T. Patterson. Loss, $10,000; insurance, $1000. No lives were lo3t. FROM THE SOUTH. BY ASSOCIATKO PRESS. Exclusively to The Evening TeUgravh. Arrest of a Murderer. Memphis, May 16. John Kyan, a notorious ruflian, who murdered Miss Sarah Owen, re siding near Mayfield, Ky., in 1803, and com mitted a number of daring robberies in Southern Kentucky about that time, was arrested in Ar kansas a few days since and taken to Mayfield. Railroad Affair.. The Little Rock Railroad Company is Invit ing bids to raise the road-bed out of the water, and check the damage of overtlow, from Hope field to Madison. It is said a change of grade is also contemplated. FROM WASH 1X0107. BY ASSOCIATED PRE33.1 Exclusively to The Evening Telegraph, Presidential Nominations. Washington, May 16. The President sent to the Senate the following nominations: Nicholas Fisk, of New York, to be Assistant Secretary of Legation at Berlin; Herman Brown, of Indiana, to be Consul at Mauatitlan; Wm. B. rarker, ot fennsyivanla, Uonsul at .ante; .Ed ward Livingston, Assessor of the Nineteenth district of Pennsylvania. The Specie Shipments. New York, May 16. Specie shipments to Europe to-day amount to $1,100,000. LEGISLATURE Senate. HAnniKiirno, May 10. Mr. Dechert prenontad a re monstrance againHt a market house at Fifteenth and Coates streets, Philadelphia. Mr. W'bite offered a joint resolution providing for a final adjournment on the 19th, which was voted down by a party vote, the Democrats voting nay. On motion, the vote on tue bill relieving the Mechanics' and tiirard National Banks from taxation was recon sidered, and the bill was then disc.ssed at length. Mr. Brooke moved to amend so as to diminish the time for exemption. Oarried. Mr. Billingfelt moved to amend by striking out all i. the bill that proposes to refund money paid by the bank, to the htate Treasury. Lost 'l he bill was then passed to third reading. On motion of Mr. Uuckalew the Cenate, without dis cussion or opposition, amended the House amendments to tbe Border Damage bill, so as to provide for a revision of all the claims, ana the issuing of certificates signed by the Governor and State Treaburer, and countersigned and registered by the Auditor-General, stating ibe amount of adjudicated claims. The oertiiicates being pttyable nnly when the United States shall pay such claims. The revision of tbe claims is to be made under tbe direction of tbe courts of tbe several counties. Tbe following bills passed finally : Senate bill changing ntme of Oharles Wm. lleeliner; Senate bill extending to tbe llarrisburg Park Association, Heading Agricultural Society, and Michael fi&ak, of Heading, the Damage Act of March 17th, lm. mM House. Tbe House met at 10 A. M. Mr. I.aiuon offered a resolution recalling from the Senate tbe Senate bill for tbe protection of sbiw-bills, and tbe punishment of their mutilation, in Philadelphia, for tbe purpose of amendment. Agreed to. Benate resolution asking tbe House to return to the Senate, for amendment, the Border County Claims bill, was concurred in and tbe request acceded to. Mr. Thompson moved the consideration of House bill for reclaiming wet and marshy-Jand on the banks of the Delaware and Schuylkill rivers. Mr. Woolever objected and tbe matter fell. Mr. Smith called up House bill authorizing the Harris burg City (Jcunoil to appropriate money to pay Ueorge J. Bolton, of Bolton's Hetel, his bill, amounting to a thousand dollarj, for entertsining President Jobiison, (Ieneral (.rant. Admiral Farragut, and others, who were extended the hospitalities of the city in 166. Passed. Mr. Woolever, of Lehigh, attempted to have certain le gislation relative to Alleutown reconsidered, but failed, the Republicans voting in a body against him, represent ing tbat they bad been waited on by a delegation on behalf of the Allentown Oity Government, which is Republican, asking that they should be supported. '1 be private calendar coming up immediately after, Mr. Woolever prooeeded to object to all bills of Hepublicans, as a retsliation for their opposition to his legislation, whereupon Mr. Strang, on the part of the Hepublicans, proceeded to object off bills of Demoorats, explaining frankly that he did so to show Mr. Woolever that he was 'laving with a two-edged sword, as the Democrats had ully two thirds of tbe calendar. This partisan objection then became general, and nearly all the hills on the calendar, as they were read, were ob jected to, and some bad blood was created between the members. .. ... Several motions t adjourn were voted down. Finally, Mr Sterling ottered the following: Itttolvtd, That lor the present calendar two objections slmll be required to prevent the bill from being laid .Hide. This passed by a two-thirds vote. tmaAi. iNTDLLianKron. Til BROAD STREET IIAIL.ROAD. The Injunction Agaln.t the Thirteenth and Fifteenth Streets Ilallroud Made Ptrjittual, aud the Great Highway to be Kept Clear. Court of Common Pleas Judge Allison. Judcre Allison tula morning delivered an opinion in the application for an injunction to restrain tbe Thirteenth and Fifteeuth Streets Passenger Kailway Company from laving tracks on Broad street, under a consolidation with the Navy Yard, Broad Street, and Falrmount Passenger Hallway Company, lie held that the roads were not connecting railroads la the meaning or the act; that the act of lsei relating to connecting railroad did not apply to tbe city pas seDger railway companies, aud that therefore the consolidation of the to companies was wholly illegal aud void. Ana even tnouga it naa been law ful, the ordinance of lStus, by which the city, in con sldetatton of the defendants abandoning the right to lay tracks on Broad street, granted them the privi lege of making a circuit on Spring Garden street, which was accepted by defendants, woult be fatal to their case. The Injunction applied for was then made perpetual. The following is Judge Allison's opinion: The general jurisdiction ef Courts of Equity over cases of puriiiesture and nuisance is placed beyuiid dispute by the s uled law of Koglaud and of the several Slates of the Colon, including tho Slate of Pennsylvania. It is founded on the right to restrain the exercise or execution of that from which irreparable damage to individuals, or KK-at public ioiury. must necessarily arise. '1 be exercise i'f this power by courts of squity to re strain ennnuuthuienla on rights and easements which are held for the use aadb.uehtot the pubho i. of iea lh enly efficient mode of defending the generil as welt as the tnoivinnai mtre m ins eiuzon in nignwavs .mi public accommodation, aaa to prevent tbe invai" ann riMtrnAt.ion of thoM risnts. This mav ha done bv final in- i unction pn bill, anxwer aed ptoofs, wheie tbe case is ree from all reasonable question, or by special order to wait trial at(IUw eitner tne civil or criminal inou- 'But'tbe'e. no necessity for a trial at law to determine the character of an unauthorised encroaohment on, or an illegal appropriation of, a dublio highway. Such an of a public street, is a nuisance prr , and may justly be re garded as a purprosture which is both general anil special; general, because it is an attack npsn that tn which ever one has an interest, and special, as te citir.ens who tustain damages snd inconvenience greater thtn the community at large suffer. The doctrine is fully sustained in Kden on Injuns., rhsp. 11, p. BW; 9 Story, F.quity, 2ul, see. Wis Je-emy's Kju. Juris., Book 8, chsp. 8, sec I. In affirmance of thisrioo trine are tbe cases of Attorney-Genenil vs. Richnrds, 3 A nst rut her, 6i 3; seme vs. Johnson, 1 Wilson, O. K,8i; Ambler, 104, per Lird Hardwiok. Tbe Chief Baron, delivering the opinion In 8 Anstruther, 615, sajs tbe prayer of the bill being to abate a nulsanot (a wharf ereoted between high snd low water marks), It is arfft,H ih. (lnti.i. . n nnlv nnnaider tbat nuetien as alone supporting the relief nrayrd f or, and it is contended tue Court csnnot give such a decree, or at least not without a trial by jury. He adds, tbat may bo. where the question is of nnihance and tbe evidence doubtful; and cites Lord Hale for the principle tbat, where a pnrpresture and nuissnce bave been committed, a decree to abate it will be granted. We have had argued before us two applications to restrain tbe defendants, the Thirteenth and Fifteenth Streets Passengfr Kailwny Company, from construction tbeir proposed double track on Broad street, from vV',r; ton to Spring (.Mrilen street. One of fbeso bills is Bled b the city of Philadelphia, and the othor by citizen who are tx payers and owners o' property fronting on Broad street and residents uiion said street. The first named bill complain that the cetnpny de fendaDt are removing the cobble stones Irom the street, wiihout pet mission of tbe authorities of the oily, and are obstructing the highway with its materials, and were thereby interfering with travel and endangering the safty of tbe citizens. The second bill alleges that the rail way, if constructed, will be a nuisance in a puhlio highway, which will depreciate te property of the pl iintitls, by obstructing the roadway and impairing tne betuiyof Broad street, and that to permit tlioie trcns to do iii will be in violation of the fait U of too Rtato ami of the city towards complainants and other citizens of Hhi'adel pbia, s expressed in the act of Assembly of March 2.1, lwi6. In each bill we are asked to rstr.iin. by injunction, tbe construction of the railway upon Broad sircet, ani though the equities upon which tbo prayers rest are dif ferent, tbe inateriiil tacts and statements of botn bills are alike. Hut our right to interfere by injunction has boen ques tioned on tho ground that no special injucy his been shown to have been sustained or likely to fall uoon tho plaint ills; and because tho right at law is not cliar, and tbe breach is doubtful. After the repented initiniee in which this Court has interfered in c:is:-s of tnis kind, at the instnnco of theciiy,the question ought to bo conid ered as at rest with us, even though tboro is no complaint of injury to tbe immediate prosperity of tbe corporation, but whore the wrong is done to the citizens of the munici pality, and of tho Uoinmonwealth generally. Hut ns was held tn Com vs. O. P. Railway, 2 P. F. S., 617, that, thoimh tho city is only in a puhordi-ntn sense tho owner of the highways, yet It is no streich of language to speak of the corporation as owning tne streets; the material of which the arufioial road is constructed beiti the immediate property ot tbe corporation, and standing as tbo municipality does, in the relation of trustees for the corporators, holding for them, and charged asthry lire, with the duty of guarding the corporate rights of all tbe citizens of Philadelphia. Over tbe streets of the city they exercise control as supervisors of tho highway, which makes it obligatory upon them to see that the streets are kept opon for public travel, true Irom all unliwinl ob struction, and this obligation carries with it the responsi bility of the city lor loss or injury sustained by the citizen by reason of a neglect or improper performance of this duty, if it does not do more, and subject the individutl members of Councils to indictment and punishment. We have the authority of the Supreme Court for ths assortion that tbe citv, in a propel sense, is to bo regarded as the owner of the streets, and as it will nut bo questioned that it has imposed upon it duties and lesponsibilities in con nection with the care and proper minagemont of thorn, it would seem to follow that whro an encroachment is about to be made on one of tho hihwys of the city that the corporate authorities possess thari-it to proso'Mite or detend the publiu interests iu the courts of tbo Com monwealth. The injury is to them sufficiently certain and specifio to enable them to maintain a standing in a court of equity, and to claim tho exercise of its highest powers, when a proper cseo is made out, for. as is said in Con. vs Long, I Parsons, I I!', the injury to the whole couiiuat ity may quito equal tha' of the inhabitancy of tut iiinuddiuio viciuugo, which latter aro admitted to bo competent partiea to atk relief in equity against t e nuisan e, citing in suppuri of the principle, Sampson vs. Smith, 8 Mmons, It is properly held that from tbe express powers granted to a municipal corporation, as extensive as taose conferred on the ciiy of Philadelphia, the implied power here set up, flows from the very end and object of the corporation. Such an implication seems to be necessary 'bat it may be clothed with authority to perform its proper duties in guarding the interests or the community which it repre sents. To deny this right w iuld. in many cases, sni.i equity of that remedial justice which requires, that it may lie effective, that it shtll be prompt ana even imme diate, to prevent irreparable mischief being done. See '2 Story's Kq., Sec 1U4, cod Mayor of 1-oudon. W. Bolt, 5 Vesey, .Jr., II!!', Trustees, etc., vs. w. ;owen, 4 faigu, 610. boroBL'h of Frank lord vs. Lennig. ADPoodix to2 i'hila-ia. Hep. 4t 3 In the case last cited we he'd tb.it the thor ough tf Fiankford was a proper party to compluin, and to a bill to restrain the oons'ructiun of a wharf at tee mouth of Krankforn crsek, into the tide way the of Delaware river, bevond low water mrk : and in the case of Com. vs. Ixing, 1 Parsons, tbe general nrinoiplo IB luaiui auieu wiku rt-i uivarnnm nuu lure. uyuu:iKO King. Upon the question of the riht of owners ef pro- fierty fronting on liroad street to complain and seek re let by injunction, it will be necossary to say a fow words only. Though they are privuto individuals, complaining of a public wrong, they do not rest the equity of their bill ou thin ground. The croation of a public-nuisance Is averred, but their cluira to relief rests tiion the special and indiviuual injury which they assert that the budd ing of these tracks will inllict upon them in thedopre ciation of tbeir property. Tho ease of Petorson ot. al. vs. tho Navy Yard, li. and i' Rulwav. 5 Philadelphia R., lit!, cited by the defendant against the right of citi lens to an injunction to restrain the building of a track on broad street is placed by President Judge Thonpiou on the ground that no special injury was set up, as caused or threatened to tbe complainant, which eertainly cannot be said of tbe plaintiffs in the bill now before us. The case of l'aubt vs. Passenger Hailwy Company, 8 Phil., bit, reliod upon by tbe defendant, is an authority cleariy against them upon this point. Strong, J., says the con struct ion of a railway alons the public street of a oity, if unauthorized by law, is doubtless a nuisance ; and t houjh a pnhlio one, may be restrained by injunction, at the suit ot a private person, who may suiter a special injury thereby. It is true, that ordinarily in applications, to pre vent a threatened nuisance, the right of the eomplainatit ought to be established at law, or admitted belore an in junction will be grunted. (The Judge doubtless intended a final injunction.) But if the injury apprehended be great, and the danger imminent, er if the act complsinod of will occasion a constantly recurring grievance, an in unction will be granted even thoah thare be a possibility tbat the anticipated private iujuiy may not result from the erection. In support of his position thus clearly stated, Judge Strong cites Mohawk B. Uomp. vs, L). &. S- Railroad Uomp. 6, page 514, aud Rowe vs. Granite B. O. 21, Pickering 334. The covplaint of the citizens is, that the- construction of the proposed railway is unauthorized by law, and li hereioie a nuisance; and agreeing, as we do, with the views of Judge Strong, following those which we hiva net quoted, we hold that the ooistruotion of the pro posed tracks in front of the property of complainants on each tide of Broad street, rendering acoess thereto lts convenient for approach by carriages, and less tafe for crofsing, constitutes an injury or inoonvanienoe to tbe plaintiffs beyond tbat of the public generally, which is sufficient to entitle them to the preventive interposition of this ourt, if it appears that tho complaint is we'd founded upon both grounds of an illegal obstruction of the street and of special wrong to plaintiffs. If, therefore, in any case, there iB a bpecial grievance rising out of a common injury, which presses more upon particular individuals than upon others, not so imme diately within tbe influence of it, they are entitlod to the interlerenco of a Court of Equity fur tbe proteotion of their private righta. Kden on Injunctions, 2iW (Wheeler's edition). Authorities in support of this position are oite 1 by Judge Kiug in ling's case quoted aoove from 1, Pa', 4H. The existence of a Bpecitl grievance suffered by the plaintiffs, not having been denied by toe defendant, it must stand, for all purposes conuactod with this ap jlici tion,for a tpecisl injunction, at confessed, with all the legal incidents which follow such admission. This brings us directly o the question of the rights of the defendant, under a grunt from the Legislature, t ex tend their double track muttl to Spring Harden slre.it. This right, it will not be Ceiiied, nm-1 be clear beyond ull doebt, er it cannot be conceoed to M em. Adopting the language of tbe Supreme Court, as expresaed by Chief Justice Black in Commonwealth vs, Kno an i N. W, Rail way, 3 Cutey, 857, we hold "i'hut in nu ll ease, in.tonuity has nothing to work with. If jou assert t hat a corporation has certain privileges, show us t le record of the Legisla ture conferring thuin. Failing in ttds. you must give up your claim, for nothing else can possibly avail you. A doubtful charter does not exist, because whatever is doubtful is decisively against the corporation To the same effect is the Commonwealth vs. Central I. R., 3 P, V. biuith,61i, in which tbo Cmt aay, "iu looking lor the intention of the Legislature we can ot be un mindful of the tact that the detendauts are a privttd cor poration, claiming franchises against public rights, i'ney must tbhow clearly that they are eutitled to w.iit t jny claim. If their charter leaves their right doubtlul, i.u doubt must be resolved in favor of the Comm mwo-iltd." There can be no question as to the application of tae principle upon the general doctrine o a btrict construe lion ot a grant of corporate powers, especially wliou such grant is an abridgment of tbe rights ot the public, li itv toen do the defendants stand upon too title whiod uoy et up in rcsistar.ee to this apt lica.ion? Tlii- 'i hirteenth and Fifteeuth Streets Pussnngor Hail way Company was incorporated, by an act of &svtnb!y, oa the fcih duy of April, l.',9, with authority t mainiaiaani operate a passeug r railway uponThirteeuth aid rifle ut'i atreets, connecting on tbe ninth along CuluiuOia aveuue, and by Carpenter tlreet on the south. On tbe ltii.h of May, lull, the Legislature incorporated the Navy Yard, Bio id Street, and Fair, nouut Kuilway Company, with power to construct a railway, of siule or double track, co mmencing with a sio.lu track at ocuiar the intersection of Hrod and Federal streets, extending east along Fedeial to 1 rout stroot, south on I root to burton street, west on Wua ton to Broad street, thence north along Broad sir et, iih a douole trick, to Spring Uiirden street, sud thcuco wcot on Spriug Oardon street to Fainr.ount. , , .. . , . It is charged in t olh bills lUt no part of this route h&i ever been ooiif tructed, nd it i therefore claim! tl at tne chart, r of this Company h .. Iieeome null an i v.,i i, under the provisions ef the nineteenth s ot on ot Iheavt of Fcbruaiy 1, IWil; waich holds tir.it it any co.iumny incorporated under said act shall not commence tu-jir proposed road within three year.-, 1 1 eir e iarl. r sluU In void, except so far as to compel the c i.npaiiy to maio reparation for dauiaires. But ibis alleg.ii.m falls oil! o the case tirbt became the affilavus o; tlu rtufend ill', assert tliat tbe cMiipsny cmui.tucel to t'tvl.l ta-.r railway iu tbe moiith ot Marco. K4. ani did ao u ill build at that time two squuies of their track on Spring Carden street, coiiiintsciug at Ivu 'j strea:, ant ex tetding eatt to Ki'hteorth street. But a, "art tro.u the iiuebtion as to whetaer the act of ie applicable in its provisions to the Navy Yard, Broil Sireet, ani Fair Iiiount Company, arises aaecoii l difficulty in giving to the plaintiff the benefit of this averment of default , by the defendants in not beginning to build the road within three years, which is the tact that the l-'lh seotiouof the act of February lu, 14:1, does not, in my judgment, ovver toi iaae of the Kavy Yaxd, B. t. Uoiuptny. That act is restricted in 111 application to such rpsclal laws ss designate the time within which one track at least of tbe mad authorized to he bnilt shall be completed and opened for nse. There is no each limitation or restriction to be fnnnd in tbe special act eonf erring loorporate exist ence and powers open t his company. lhe defendants, the Thirteenth and Fifteenth Street Company, are proceeding to build a donble track oa Broad threat, under tbe original grant to tbe Navy Yard, B. and F. Railway Company, whiob. company they claim beoame lawfully merged into the Thirteenth and fifteenth Street Company, snd tbat by virtue of snob a merger the two companies were consolidated ; whereby all the property, rights, franchises and privileges of the Navy Yard, Broad Street and Fairmonnt Bailway were transferred to . and vested in the defendants. Tbe lawfulness of this alleged merger is denied on several grounds, all of which, so far as they relate to the questiou of organization of the com pany, subscription to capital stock and payment of money thereon, snd certificates required to be deposited wild the Auditor-Oenerel, ot agreement of merger, as well as a failure to commence construction cf road within three years, are denied by tbe defendant. There remains, however, to be dispose! of several grouoos oi oeniai ui lawiu, euwiiu.iuu uu uiDinnr, which are oi tbe utmost importance to toe noienuams.ana upon which, in a great degree, depends their right not only to extend the proposed donble track north on Broad street, but which may reach baeg to muob that has been done for tbe basil of a lawful nnion of the two corporations, and affect to a very large extent other interests, wbich are grounded on tbe con solidation of corporate powers and rights. Much Hires was laid opon the restriction which is found in the loth . section of tbe act incorporating the Thirteenth and Fif teenth Streets Company, which enacts that for tbe pur pose of completing their circuit on the route authorised, iinrf (- io ofier ronir, toe said company shall have the right to run their cars upon any other 'passenger ri.tlw.iy now incorporated, or that may be hereafter incorporated, in the city of Philadelphia. This, as we interpret it, does not apply te a case in which there has been a consolidation of the powers and privileges of two corporations, the act in terms providing that all the property, rights, franchises, and privileges vested in snch company as may be merged, may be transferred tn and vested in the company into which snch merger shall be made ; when this is fully and properly done the two companies become one oompany, and from the consura n. at. on of the nnion it can no longer be said that, in using tho route of both enrporatinus and running their curs over it, they aro running upon any other passenger rail way. '1 he prohibition applied so long as defendant pos sersed another route than that marked out for it ia the act of incorporation: but if in any lawful manner it became possessed of anew and more more extended ronte, the most that can he claimed for tbe restriction imposed by the tenth section of tho charter is that, trouting the con solidated companies as one aud not as two separate corpo rations, the prohibition rente on the present body corpo rate, and that there is no violation of the legislative com luand in running cars upon or over any portion of its present road. 'ibe more radical and vital objection, however, domes to these two railways any lawful authority to unite and merge into one. It plants itself upon the broad ground of a want of legislative license to consolidate, and argues that the first section of the act of May tti, 1U4I, P. L. 7112, which confers the power of merger on railroad companies, hs no appli cation to passenger railway companies. If this position be well taken, it fettles the question conclusively agsinst tho defendant, as it has not been pretended that there is any other legislative authority for the act of union, except tbo recital which is contained in tbe preamble to ths law of April 4. !Ho8, entitlod an act relating to the Thir teenth and Fifteenth Streets Passenger Railway Com pauy, nil horiziog the issue of bonds. In this preamble the tact is recited that the two companies have become merged and consolidated, by agreements made in pur . usnce of the terms of tbe act of May 16, bol, whereby it is stated all the rights, eto , ot the Navy Yard, Broad Street and Fairtnount Railway Company became vested in the Thirteenth and Fifteenth Streets Company. But it will at once bo seen that all Unit bad been done is referred to, and based oa tbe law of May lit, lxtit ; whatever virtue that act pos sessed, the defendants, it is recited in this preamble, took to themselves in aid of their etfort to merge. It is an averment of merger under the act of lsiil, and nothing more. If that act did n it. authorize the attempted con solidation, this recital in the preamble to the act of lMiil of a subsisting fact, could not make valid that which before was invalid. It hardly needs the aut hority of a decided case for the principle that a preamble is no part of the law, and that it is only resorted to where the enact ment is doubtful, to discover the intention of the law makers. Whore thai, ia clear, the preamble can have no controlling influence over the law, and it bus in itself no enacting power. It js invoked in case of ambiguity or ob scurity, in aid of a sound interpretation ot t eact; and where not required for this purpose, it is of no account what may be contained in the preamble. For this may be cited Krie and Northeast Railroad Company, 2 Casey, at pane 32:t ; Uwarnson Statutes, Hob; I Watts, '.l5. W Hit, then, is tbe force of the assertion that the act of May li, lijtil, bus no application to passenger railways? In terms it designated ' any railroad company churturod by this Commonwealth" as authorized to mere "into any other railroad company so chartered-" It covers, there fore, all railroads which derive their corporate powers from this State; and iu view of the descriptive term employed to designate the particular kind of road upon wbich this power of merger is conferred, we are to look to the Legis lature itself for an explanation of its meaning. Tbe incor poration by the State of railroads antedates by many years tbe establishment of passenger railways; the statute book is full of acts creating railroads, not only before, but oon teinporanaous with the charters granted to passenger rail way 8. I irBt, then, we have legislative aotion, time and again ret eatedly expressed, i2 tbe form of laws dealing with the subject of railioads, to tbe exclusion of railways; and at later date, and upon almost each succeeding year, the two subjects presonted clearly to the legislative mind, side by side ; and whatever may be said of an occasional confounding of terms, or names, it mav be s ifelv avarrarl that a distinction has always been clearly maintained be tween the two. An act of Assembly which authorizes a company to build a railroad carries with it the idea of tbe establishment of a rood whore none had before existed ; it means to lay out and construct a roadway, lirst, by appro, piintionof land belonging to individual owners, by the exercise of tbe Commonwealth's power of eminent do main to establish grades to which the roadway is mado to conform, by excavating and rilling, and the building of bridges nnd other passage ways over ra vines and water-courses, and often tunneling hills an-i mountains, For t he use of Und thus taken compensation is made by the corporation, and upon a roadway thus con structed or made a l rack for the running of locomotives and cars is laid. Two ideas are always associated witn such a construction the absolute or qualified ownership of the railroad by the company, and is nse and enjoyment by tbera to the exclusion of the public except under their direction and con'rol- Tbe second thought is tbe nse is either exclusively for the transportation of freight or for cariying freight tnd passengers in cars drawn by looo motive There are othr incidents connected with a rail road of which we never loose sight, suon as the establish ment ef depots for both passenire-s aed freight, and of station tor various purposes, with a complication of agencies and machinery which are never thought ot in connection with a passenger railway. A passenger railway, unlike a railroad, always content- Elates a track or railway laid upon a road already esta libhed, to the gradea of which it must conform, and is always restricted to tbe metes and bounds of a city or town, or tbe immediate vicinity, seldom going outside of tbe limits of a municipality. Tnis is bo because tt is but a track or way laid upon a street or road which the com pany do not own, and over which they have no control; and because the purpose is a single one, the transporta tion of passengers, generally by horse, it ia uniformly, perhaps witbout exception, designated in its corporate title as a passenger railway. And, upon the other hand, no railroad, in the sign or name by whish the law of its being says it shall be known and ealled, ever designates it a railroad. In addition to the numerous special laws relating to both kinds of companies, we have the general railroad law of February Bi, 1H4H, by which the mode of organization of railroad corporations is regulated, and their powers, pen alties, duties, and liabilities prescribed with great minuteness of detail, not the least important of which are the provisions for taking private property for publiu use, and the mode of assessment and payment of damages. It requires but a reading of the tooth section of this law to enable any one, lawyer or layman, to ascertain how manifest and broad is the distinction between a railroad, with in some respects its almost sovereign powers, and the limited authority, which is conferred in a charter f -anted to a passenger railway oompany. The act of May 8, lMil, having relation to tin same general subject as that to which the extended law of February In, 1H41, and its supplements apply, and of which they treat, is to be regarded as a part of the gtneral railroad law of the Commonwealth, and is to bs construed in connection with the legislation wuich ha preceded it upon the saoiie Buiiject matter. It is entitled a law relating to raiiroau companies, auu speaas oi sncti companies charter, d I y this Commonwealth. In this it is J iu full accord with the first section of the act of Is', which l reads, whenever a etccial act fit the General Assembly r shall boreatter be passed, authorizing the incorporation I o' a company fur the construction of a railroad within this Commonwealth, etc. This act of lrvil. authorizing merger nf p. il.i it i.nmii.ni.i I,, ins ..... nluil a.ilthi.tlr i n.iurJf. be, as a portiuu of the general railroad law, it has in myry judgment no relation to, aud cannot be made to cover that which lr nor a raiimau mat wu.oii is not by legislative, corporate title ; nor by e grant ot corresponding corporate 1 lowers; ami, being uimuot in ita purpose aud aim, can not bo treated as a railroad, and as only railroad compa nies have the right lu mtrgo powers, privileges, rights, j tram-bier's, and name, tho attempted merger of the Navy Yaid, aroad Street and Fairmount Passenger Railway I t i n, . any luto tbe ituieeuiu ana r iiteentn streets t'aa-1 M.iige.1 Ituilway Company is without authority of law to bUM Kin li, sou is men-Hire uun auu vuiu. - '1 bis conclusion renders unnecessary the consideration oi the question, whether if the act ot May 16, I hoi, applied t.i th iiMKMMiitrAr railway companies, there has been anv lawful mcigcr of the two oompauies wbich claim to have i fueled a corporate union. The decision of the Supreme I oui t in the case ot WohI, Moroll A Co. vs. Bedford, eto., I i:. K., J eg. lua.. i i, page ei, woma seem to I r. nifrr it a uUfbtloil not free from eraval ili.ubt, both upon the point of a failurol ot actual connection, and by reason of tne road o' Ilia JVuvy Yard, Broad Street and Fairmount Company being only iu a small portion of it constructed. The ob jection is not without force, under that decision, that the eenneution of roads cannot be made by franchise of char ters to build rouds, but that it contemplates a merger of connecting and completed rosda. There are other consi derations which aro not without imjiortance a to failure ot ('ctVndant to eoinidv with tbe ordinances of the aitv. the effect of the act ol the Ajuembly of March 23, t-xjo, and I, ,l,.,...l, ...i l'..,,n..,Ln.l.lin.lhun,l l.,... ri ot themselves be sufficient to make clear tbe right of tbe plumtitts to the injunction lor which they pray, or to se , cloud the title of lhe defendant so as to require that they' Mu.uid tor the present, st least, ue restrained. Aud in ad dnii u to all tins, thoie is an obligation contained ia in t e twenty-tirst section of the bill filed by tbe city, wiiii li. standiiis as it does, wbollv untlfiiiidd bv the da-I ii i dant, would be conclusive againtt the cotip iny upon I 1 1. b motion lor a special injunction, lhe allegation is, t hit in consideration of an agreement of the thirteenth i nd Futcenth Slrrers Bailway Company to abandon all intended riht under the charter of the Navy yard U. & V. hu'ioay Company to build a passeoger railway on brcud street, between Christian street and Columbia ave pui, t he Councils giantel permibsion to defendant to lay a irmkon Opring Card, n strt, aud gave their conssnt to the removal of ths cobble stonus from the street. The I bii tiff further m il ihat this ordinance ws procured to bo pabeed by thedfi qdant; tbat the com"anv accepted ii provisions, in fuii satisfaction of all rights or pre tn.dcd rights to lull a railway on Broid fctreet, and tl .t i hey constructed their tracks in ttoo irdance with this permission ou Spring liardeu street. It would never be tolerated that the oompany defendant should obtain an advantage Ipy an oner to forego a right to con struct a road on Broad sireet, aud after taking to them selves the benefit of their own proposition go back and re aiiiue the riihi, which tbey had promised te aive UD. Motion of the miuuciioe ia each case granted upon se curity being entered in ma sum oi xjjuoe, py lue uuuens who have appeared as piaiunun to me suit,.
Significant historical Pennsylvania newspapers