TI113 DAILY EVENING TELEGHA P1I I'll J La DELPHI A ; TUES DAY , NOVEMflKR 8, 1870. C IT Y I It X BLL1 CJ IS II C IS. llWBTTNO OP THB AltCHrTBCTS' NATIOHAI. ASSOCU- 9mn, The annual meeting of the Architects' Na ttonal Association will begin thin afternoon at three 't loc k, In the rooms of the Philadelphia Chapter of the Architect' Institute In the Athenicura building. This meeting, as the name Implies, Is a meeting of architects from the whole country. Delegates will be present from Boston. New York, Cincinnati, Chicago, St. Louis, Cleveland, Boston, Baltimore, Washington, and other cities. The National Asso ciation Is divided np Into chapters, each city having one. The Philadelphia chapter Inclndes In its mem bership all the leading architects of the city. The abject of the association Is the mental improvement of the art, and the general welfare of architects in verjMiing relating to their business. Mr. Kichard Upjohn, of New York, Is the Presi dent of the National Association, and Mr. T. H. Wight, of New York, Is the Secretary. At the meet ing this afternoon no special business will bo trans acted, but the organization will be effected, com KDlttees will report, and the annual address will be dellverni by Vr. Thomas I'. Walter, the President of the Philadelphia Chapter and the First Vice Pre sident of the National Association. Mr. Walter is well known as the architect of the Capitol buildings at Washington. The session will be prolonged for several days. 8am or Rkai, Estath and Stocks. The follow ing ape the sales of stocks and real estate by M. Thomas ft Sons, auctioneers, at noen to-day, at the Exchange: 4 shares Pennsylvania Company for Insur ance on Lives and (Granting Annuities., f 194 -BO 1 share Academy of Fine Arts 17-00 14 shares Commonwealth Bank MOO P000 bonds (T per cent) Indianapolis, Bloomington and Western Railroad 00 yc'nt 4 shares Philadelphia and. Southern Hall Steamship Company 40-00 1 share Mercantile Library Co 7 60 W0 shares Palzell Oil Co -43 18 shares Mct'lintockvllle Petroleum Co.. "6a n shares Central TranHportation Co 60-04 Ki.ivkkth (North), No. 86 Modern Resi dence 113.000 Wai.nct, east of Fifty-third Building Lot. $6 Thirty-kirbt, IxwrsT, and Ri vkr Schuyl kill Brick Buildings, Engine, Machi nery, and large Lot, known as the Union Car Manufacturing Company 1170,000 Thirtieth: and Spkcck Large and valu able Lot fGO.BOO JuNirKR, No. 254 Stable and Coach nouse Ji3oO Eleventh (North), No. 660 Desirable Dwelling $3100 Th Ei.hction Across the Rivbr. To-dav the fall election Is taking place In Camden, tkere seems to be little or no Interest taken In the can vass, except in tks case of the Congressman. The vote In the city Is a very close one, aad it Is gene- rally carried by the Republicans. The vete at the Mayoralty election In March last was as fellows: Ox, R., 1640; Jeffreys, D., 1578. The following Is the ticket belag voted for to-day: CONOBKS3. Son. J. W. Hazleton, R., Benjamla T. Lee, D. ASSEMBLY. 1st dist. Charles Wilson, R., Thomas McDowell, D. id " I. W. Nicholson, R., Joseph W. Kalgn, D. 8d " Steven'n Leslie, It., Chalk. Albertsen, D. COUNTY CLERK. John W. Call, R. Henry Fredericks, D. COUNTY COLLECTOR. Ezra Stokes, R., Isaiah Woolston, D. CORONERS. Robert S. Bender, R., James Masser, D., B. W. Blake, K., Francis Sonders, D., J. Wesley Baker, H., John 11. Magee. SHERIFF. Randall E. Morgan. Tikemen's Parade. Ta-morrow evening the are men of Germantown, Manayunk, ana Roxborough will make a street parade on the onoasion of the dedication of the new house of the Manayank Fire company, me programme is as rouo ws : FIEST division. Chief Marshal Mr. Samuel Godfrey, of tha Mennt An tire company. Aids Jonn Maxwell, tier wantown nose, and William Warren, Wood Intent aagine. Washington Engine. Uermautown Hese. Franklin Steam Fire Engine. skoskd division. Marshal John tera, of the Franklin Steam Fire mglne company. Aids Ueorge wolf, of the wash tagton Engine, and Samuel Stroup, of the Fellow, ship Steam Fire Knglne Company. Mount Airy Knglne. Manayunk Steam Fire Knglne Company. Good Intent Engine Company. Fellowship Steam Fire Engine Company. MILITARY CONCERT AND DBILL. To-night the regular out-door drill and concert of the 4th Regi ment, Colonel A. J. Sellers commanding, will come cs on me in lcoison pavemett. North Broad street. A new feature, In the shape of the bayonet exer cise, will be introduced for the Drat time since the close of the Rebellion. These entertainments of tha 4th Regiment have become exceedingly popular. and tkere Is no doubt that there will be an Immense number of spectators In attendance. The raoen will irlve ample light for tha occasion. After the drill ana concert, tne conmana win undergo aa insnec tion in accordance with the orders of General Pre vent, cemmandiag the 1st Division of tha N. G. of r. Schuylkill N avy Expulsion of the Bachelor Baroe Ci.tB. At the regular stated meeting of the Naval Board of the Schurlklll Naw. held last even ing, the following resolution was adopted unani mously : Jieclvl, That for the indignities offered by the Bachelor Barge Club to the Schuylkill Navy and their ungeatlemanly action In connection with the Nassau race, ana in view or tneir rerusmg to apoio gize for the same, the said club be and Is hereby ex pelled. Fatal and Singular Accident. An accident resnluna in the death af a lad named Antkonv Bnrden eccarred this morning at the southeast vomer of Sixth aad Cresson streets. He was coming down the stairway with a chisel In his hand. ae irippea ana ien, ana ise sharp end of the lnstru sent penetrated his neck, severing an artery. The flow of blood was profuse, and death resulted before the hemorrhage could j ba checked. The accident caused great excitement la the neighborhood. Casualty at a Foundry At l o'clock this after noon, a wheel attached to the machinery at the People's Works. Front street and Glrard avenue. bursted, canning considerable consternation among sue employees, une oi tnem, named Samuel Mc Cutcheon. aged twenty-one years, was struck in the eau uj a piece or tne nying fragments and so sen oubiy injured that his life Is despaired of. He was taken to his home on Richmond street, above Marl- uurougu. Trifling Fires. About a ouarter-nast 4 o'clock yesterday afternoon the roof of the dwelling No. 717 lieiiy street was slightly damaged by Cro. The flames originated from sparks from a saw mill at Molly and Fltz water streets. A boat a quarter-past 6 o'clock yesterday afternoon the roof of the dwelling No. 1335 Catharine street was slightly damaged on the roof by Are, caused by a ueiecuvc nue. Rev. Alexander Reed. D. D.. will lecture this venlng at the West Arch Street Church, Eight- reuw sua aiou iireeu, on "Ytaatieaw in Italy." xr. jneeu is an eioqnem speaaer, ana a most in DC rBngieciura may oe expects. On Tuesday next Rev. Frank Bobbins will lec tare on "A Trip to California." Found Dead Mrs. Emellna Barford. aa-ed 41 years, was found dead at No. 16M Amboy street, about seven o'clock this morning. She was engaged v ticu mo uuubb, wiiii. la at present unoccupied, and being subject to fits It Is Dreaumed she was aelied with one and died before aMistanoe could reach her. Deceased resided at No, Via Ogden street. Drowned Body. About half-past seven o'clock his mornlnir. O Ulcers Cahlll and Mcliehean found the body ol an unknown white man noatlng In the dock at Vine street wharf, Schuylkill. Deceased has) a smooth face and sandy hair, and was dressed an dark woollen clothes. The body gave Indications vx saving oeea in me water some time. Hand Crushes. About 8 o'clock yesterday morn ing Uenry McElwee, aged forty years, residing on Wood street, aoove Nineteenth, had his hand badly crnshed at Macre's machine shop, southwext corner of Sixteenth and Spring Garden streets. The In ured man was removed to his home. Canal Boat Robbed. Last night tha canal boat Pawnee, lying at Pine street wharf on the Schuyl kill, was boarded by river thiaves, and rabbed of toe worth of rope. The watchman, it Is alleged, WkS made intoxicated by the scoundrels. Broke a Limb About a qnarter of o'clock this morning William Uaxleton was tkrowa from a wagon at Twenty-fifth aad Green streets, and had a leg broken. Tha sufferer was removed to his home. No. :3 N. Eighteenth street. ' The Banloh Trial The greatest interest Is till manifested by spectators of both aexesln the B anion trial. This morning as many as Ove hun dred women visited me court-room, and alter satis fying their curiosity paastd out again. Insulttno FemalesA man aamed Joseph Bed street was arrested last night upen the charge of in sulting females passing Seventh and Baker streets. The prisoner had a htariusr before Airman (Jul. Jus and w committed to answer. XiTJQAXi irJTPLLIOPrJCa. Tha Jrfohrmaa Mnrdrr Trial mt J ohm Haitian. The Defeaafi' Cburt o Oyer and Terminer Judge Ludlote oitd ITPirra, Thpre was not such a rush lo the Court-room this morning as there was yesterday, the interest fxcitwd bv the defense appearing to be much less than that created by the dramatic chain of ctrcmnstitnces by whkn the Commonwealth sought to fasten the guilt of this horrible crime upon the young man on trial. The testimony for the defense was resumed : Mary Outnn sworn 1 am eighteen years old ; I re oollect the evening Mary Mohrinan was missed; when I got to nan ion s l stayed by tlio step till uimk, snd then went Into the barber shop; I plcl.el up a wecklv paper and read it; after I had sat mere a good while, John and his wife and mother passed through; his wire asked for a lamp, and I heard them go up s'airs; a good while after that I went into ne yarn ; I aid not stay at nanion a an niguc, i went home In the neighborhood of 10 o'clock. Cross-examined I am Hist cousin to ionn uauiau ; I did not go upstairs that eveulug; no one waslu the barber shop with me; John s wife did notoome 1n nuitl he came after her with his mother; I did not notice 'f there was a clock in he barber shop; I do not remember what time tney came in; it was a fcort while after I got there 1 don't know how long ; don't think it was an hour; they all three camo In together; 1 dont know where John was when she nuked for tlio lamp, and dent know If she got one: the gas was lit In the barber shop: It was not half Bn hour arter tnat when I went into tne yard: I re member that evening In particular, because before I west home I beard the child was missed, and there was great; excitement ; when John was suspected, I was BBked if I remembered that evening; It was a long time after the child was found ; f don't re member if It was a year ; it was his mother told me John was suspected ; 1 first knew of ltwhen.lt was in the papers: when I passed through tne kitchen I thinK jonn s lamer was tying on tne sener; i um not see aDy other memoers or tne lamny miin j oun, his wife, and mother, Mrs. Kelly, snd Iohn's father. U-a U.n Vnll- Mwnvn T an. wiurin.l wrwn m n . JTI1S. JliniJ iVCUJ BTIUI II I Milt IIIMIIUI ' II 1 , John Kelly is my husband; I have been wiarried seven years; 1 live at No. SuMtGermaatown avenue; my husband Is a llauor dealer; 1 have one boy living; 1 am jonn iianion s siAier; ne was a oarour; ne commenced that business after he came out of the army In 1866 or 1867, I don t remember which ; he then began business in Fifth street, below Diamond ; I visited his house in September, lsGS; my father, mother, two sisters, two arathers, and John's wire made up the household; I was at his hoase the night Marv Mohrman was inlsssd; I don't know what time I went there, but it was some time after people nad went to cnurcn; l wok my utile boy witu me; I west on Diamond staeet to Fifth; then I weut down Fifth lo my mother's; my sisVr Kate and cousin Ellen Qulnn were sitting on the step; I asked for my mother and passed In; met my mother coming through the barber shop; we had soaae Ice-cream, and went into John's room ; ire was In bed and his wife was gettlag undressed: lie and his wife were in there when I went In; I called my sister, Mrs. Stetnmeyer, cut of the other room, and my mother went down to get saucers for the loe cream ; Jolia took my little boy Into the bed with htm ; the child went to the stde of the bed and John lifted hlra up; then we all ate some of the ice cream ; I sat a little while and then I went home: my mother and father remained there until the following April, I think; after that changes were made In the yard ; John and his wtfe remained there; they took the goat-Btaate, and ray mother and father took It with them; John took up the bricks and made a garden ih the yard ; John carried on bu siness there until November or December after my mother and father left, and then he did journey work: the house belonged to my husband ; after John lert repairs were made upon it by my husband, and jonn put some repairs upon it, too ; umoer Tac gert called upon me for the keys of the house and sot them. Cross-examined John Hftnlon is afso related to me by marriage; In May. 1668, he married my step daughter; as well as being his sister I am his mother-in-law; I bought, the Ice cream at Mann's, Oermantown road and Norrls street; it was half an hour after people had all gone to church before I bought the cream and went to my mother's ; I did not Bee the clock ; can't say how much more than half an hour; I do not know what time It was when I got heme ; people were all oat irom church ; I know this was the night, because my mother went with me to the corner, and Mrs. Mohrman passed us and Mary was lost ; I don't know whether she said it to us or the children ; I did not hear the bell ring; she had no bell;', was not ringing it; 1 did not hear it; I never lived In John's house. Re-examined When I went there my father was lying on the settee in the kitchen ; Mary Qulnn was reading In the barber shop ; my brother was on the corner with Louis Morhman as I was going home ; he came up to mother, and then left us to go with Louis to hunt for his sister. Mrs. Bridget Ilanlon sworn I live in Jersey; my husband Is alive ; we are living at Mlllvllle ; I am the prisoner's mother; he is t went -tiro years old ; ha is married ; I couldn't eav she is sixteen, I believe she may be more; in September, IMS, I was living at Fifth and Diamond; my husband was living there then; he was a laborer; I reraemeer the evening Mary Mohrman was missed; John was at dinner thutdav: he went out near nlarht, and came back to the bouse; I saw him when lie returned at the cor ner of Fifth and Diamond ; I came up to the earner and bis wire was talking to ner uncie on tne corner; I had been to my daughter's, Mrs. Kelly; my son-in-law was In the middle of Fifth and Diamond ; and 1 stood still, thinking he would come over; John came across from Fisher's until Firth street; lie came down and came up the front steps, ami l came arter mm; u.uen tjuinn ana Kate were on the front steps: when we trot Into the shop his wife came after him : I went Into the kitchen, leaving him in the shop talk ing to Mary yutun ; nis wire asked me for a lamp ; I got it and handed it to his wife ; he and his wife want up stairs into the second story back room ; I next saw hlra in his room wliea Mrs. Kelly came with the loe cream : John and his wife. Mrs. btenmver. Mrs Kelly and me ato the ice cream; I went down for the saucers and spoons; arter eating the ice cream we cat a little while; came down stairs and went to the corner with Mrs. Kelly: we stood there a few minutes and she went home; I stood there a few minutes and cauie down home ; my husband was lying on the settee in tha kitchen; he had a sprained knee; he was on the settee near a week with this knee ; on tnis Sunday ne remained there all night this settee mightn't be more than a few Inches from the dooi that led into the yard ; it might be a foot or not that for from the cellar window ; the kitchen was board ; there was a little kindling-wood In the cellar: the cellar ws nice and clean, with a tr ravel floor; there were ao bricks in It; he used it to keep victuals in; when John went out of the house he was in his shirt sleeves, and his pants were light, with a stripe down them he was dreused the same on his return frotn Fisher's 1 saw John next morning in bed about or 6 o'clock ; I would always sweep the shop aud then wanojonn; I woke mm this Monday morning aud he got up ; be was dressed the same as be was the night before ; he ate breakfast with me that mom inir: I was In the water-closet and in the cellar on this Monday morning; there was no blood or traces of it in the water-closet, in ttiu yard, or in tne cellar; I did John's washing; I washed on Tuesday: his washing was never given out; I washed the Bhlrt he wore on that Sunday and Monday the next Tuesday; 1 saw no blood marks on the shirt; there were none on it; I saw no blood on his pantaloons or anv of his clothes he wore the same pants on Monday that he wore on Tuesday : there was no blood entliem: none of hu clothes were missing : I used to lock up the house at night and open it In the morning ; 1 locked It on Sun- aay mgui ana openea it on Monday morning; we used to go to bed in the neighborhood of l o'clock ; on Saturday night we were uo late, sometimes till 15 o'clock, on account of the shop; on this Suuday night I was up till after 13 o'clock, because my llttla buy went with Mrs. Mohrman's boy to hunt the child, and was waiting up for his return; I found nun on aire, juonrnians noor, roiling witn Mrs. Mohrman's boy : this was between 13 and 1 a clock : while I was waiting up I was in the alley talking wiiu airs. auaty, ana in las Kitcnen with my UlliUUlU. Here the Court took a recess. GOOD TEMPL1RS. The Traable la Ibe Viai af tha (iraad Teiaala am laapariaai tciia oy jstit Aiiuaa. Court of Common l'itA llun, P.J, This morning Judgs Alllssn delivered tks follow lng decision: H. B. Potter vs. O. I. Search and K. K. Sample. Motion for injunction. This bill is bled to restrain O. I. Search from act ing as G. W. R, of the Urand Temple of Honor of Pennsylvania, and to compel him to surrender the seal and records and all other property and money in his possession, or under his control, belonging to the lira i4 Temple; and also to restrain K. li. Sam ple from acUng as G. W. T. of said Grand Temple af The content grows out of aa allered irreimiarit the trial aud punishment of Search for a violation of Lis obligation aa a memoer or tha Order, la publish ing for the use Of the Grand Teniale of Pennsylvania. subordinate and social ode-cards, not f urnui h the Supreme Council, contrary to tha constitution of mat body, part xi v, section it, wnicn reads: "Tha Supreme Council reserves to ltseir the exclusive right of publishing the subordinate and degree rituals, ode-cards, and all other matter pertalnlug to the work of the Supreme Council, Grand, and Sub ordinate Social Temples, and Councils. Search waa convicted in part naon his plea of guilty, and upon the report or this fact by the com mittee appointed to investigate the charge, and a resolution that such punishment shonld be imposed as the Urand Tern Die murbt deem commensaratA I with the coense, it was voted tUat tha penalty should be an admonition from the (i. W. T.. and In accordance therewith the admonition was given. This is mane tne ground of complaint, aaa rrem this action an appeal waa taken to the Supreme Council, the appellant alleging that it Is not a com pliance witn sections i ana a or article boi tne dj lewB of the Grand Temple. These articles require that a charge against a member shall be referred to a commute" for trial; and that whenever the om mlttce shall be of the opinion that punishment ought to be imposed, they shall report a resolution to that effect, which shall be set do ivn for consideration at seme fntnre meeting. The appellant assigned for specific error In tho action oi the Crand Temple, '-tijat the jrocccdlng was irregniar in tnat me committee aid not report, that Search ought to be punished by b-tng repri manded, suspended, cr expelled, as provided for In the lirst. section of article Ighth, and ttit tho con sideration of the resolution to Dumsh was acted on at the meeting at which it was reported t3 tne Grand Temple, instead of being set down for cou- siiieraitcn at a mm re meeting." The pupremc Council sustained tne appeal, re versed the action of tho Grand Temple, and In structed It to dispose of the cane in the manner pro vldr d for In the by laws. The Supreme Council also decided that the appeal having been sustained, aid the case sent back to the Grand Temple, with In structions to Proceed witn the trial, that Search wis to be regarded as still under charges, In accordance with a decision or tne supreme council at tne sixth annual session (prioted proceedings, page 89), "that no min er be permitted to occupy nis ciMir while under charges In any temple of our order.'1 1 he defeadsnt Searcn, who was re-elected G. W. B. at the meeting of the Grand Temple at which he was convicted and pnnlshcd by sd monition, denies the authority of the Supreme Council to take coniii ranee cr Ms case, and to order tne Grand Tempio to proceed with his trial, or to decide that he Is still under charges, and therefore incapable cf holding ins amce. iuesnoning tae power or tne aupreme Council in the premises, he rernses obedience to Ps command, and claims to hald his offlce and perform Its duties by virtue also of his re-election as G. W. R. Is this position a teaabie one? and if it is not, can this court grant tne reiier prayes ror 7 Tnat freareh committel an offense for which he could be placed on trial Is bevond question, ills violation ol duty was an usurpation of tho power of the Snprcrae Cornell. Tho section cited above shows aa express and exclusive resorvation to the snpreme council ar tne r.gat or pnnusniDg the riliial and ode cards of the order. Without an suUiorl.ation from the? Supreme Council, no one can publish for the me or the order these forms and odes without subjecting tilniBelf to the penalties prescribed ror an onense or mis una. it is, in tne iRPguuge cf section 1 of by-law , a violation of the laws. nil, aud usages of the order. No one can do this except with willfulness, deliberation, and pre meditation, it is aa offense agatnst tne fundamental law of the order, set forth In terms so plain that he who rana rasy read. The charge was well grounded, and this was confessed by the defendant by his plea of guilty. Nor can he now escape frotn the canst- queuces or mat pica by denying jurisdiction to tne Grnna 'iempie, alleging that n it was an offense at all it was a crime against tne supreme councn, on wnicn tney alone could take action in the flrsr instance. We do net agree with tins proposition, because the by-law quoted provides for trial and punishment by the Urand Temple of one who offends aratust the laws, rules. ana usages or tne oroer. -mis ny-iaw is in ran force bv the consent of Mr. Search. In volunta rily Joining the Grand Temple and becoming a mea lier of it, he raade himself subject to every law of the temple which was then in force, or which may hsve been nronerlv bvand of rlahtful authority since enscted. It has not been pretended that is not a valid by -law, or that it falls outside of the power of tne uraoa xempio to enact it; and u sucnaview had been taken of It It would be clearly wrong. Holding that Search's transgreiston against the su preme law was triaDie oerore tne itrana reinpie, and as standing within not the spirit only, but the clear letter of flie law. we pass from the obiection based on a want of Jurisdiction la the Grand Tem ple to try the defendant on tho charge preferred against him. This, I may remark, is Independent of the violation of the obligation astumed by him to recognize ana support the supreme power oi tne urner oi tne Temple or Honor vested in the Supreme Council, and yield obedience to the ceremonies, constitutions, rules, and decisions adopted ty tnat body. Nor Is the point well taken that no offense has been committed for which Search could be tried, becauee not done in the Urand Temple. The first claupe of section 1 of by-law w sayn, "Any member in inisuTuBa iempie, wno snail do guuty or using profane expressions or dlscourteons language to the officers snd members thereof," etc. It was argued that to make a member liable to charge, the offense niusi ue committea aunng a session or tne Doily, Perhaps this literal interpretation may be the cor rect one, and yet it may be answered that every per- Dnn la . tli. Tumnla urhn la nnnnuntail nriih It- 117. ... AVIUIU II 11 U to IT Lb 1 U. T V speak of one being in a churoh or order who 1b a member or such church or order. But this criticism entlrelv overlooks the portion of the paragraDh which follows. It reads, "or who shall otherwise violate the constitution, laws, rules, and usages of the order, shall be liable," etc. The charge against Search waa for trausgresslng as provided against In this clause of the by-law, and had no reference ta or connection with tlio use of Improper language to ine omcers or memoers eitoer in or out or the order. It matters not where, or under what circumstances. or at what time the constitution, laws, or usages are violated, tha party so offending may properly be cnargea wim me onense, ana, ir amy convictad, Bnnished as prescribed bv the bv-law. But it is argued, conceding that the Grand Tern- le acted within the scope af its authorltr, Mr. earch has been tried, convicted, senteaced, and punished for the offense, and that there can be no retrial and reluiposltlen of punishment; that whether the trial may have been regalar or irregu lar, the case is of necessity at an end. This would be an unanswerable proposition if the trial waa a regular and legal trial, and the punishment such an one aa the law of tha order prescribed. But the snpreme authority of the body has decided that the trial was irregular ; tnat it was what we call in law a uis-trial; that the positive requirement of the by-law was in two essential portions of it disregarded ; and sitting as a court of review, on a case regularly takes before it on appeal, it has aecinea agaiDst tue action or tne urand Temple, and directed it to proceed with the case in con. formlty with the law or the order regelating the trial of one under charges. In this we caanot dis cover anytblDg of which the defendant Search can complain. His too late to question the right or the Supreme Council to review the proceedings of the inferior tribunals after an uniform exercise of the pawer from the starting of the organization to the present day, and In the face of the emphatic decla ration or tne constitution tnat it, the siupreine council, shall exercise the Saprerae power of the oraer, uiera Deing nucniDg la tne constitution from which it can be inferred that its exercise Is inhibited. On the contrary, as there floes not appear to ae aay prevision by which it can, in lue urai instance, uia jurisdiction of a case which can be tried before the inferior tribunals, it msy be properly Inferred that in no other wsy than by general review and control can it exercise tne supreme power with which It is in vested. Nor do we aoree with the suinrestlon that the case waa not regularly before tiie Supreme council uu ine appeal or a memoer or the Urand Toruple. Every member has an interest in the due and regular epforcement of the regulations aud laws of the order ; whether the complaint ba against vuv uuuhiiuic uuuy wiiu wmcu ne is connected, or sgalnat an individual member, duty to the order as wen as nis personal interest require that each should be luept in subordination to law: in ao other way can anarchy and disorder be prevented from working ruin to all concerned. This was also the view of the Supreme Council, who heard the appeal, as it was carried up, after notice to the Grand Temple, and without objection by that body. This brings us back to the question, Was the trial a regular and orderly trial, and was the punishment such as ought to have been imposed? That the command of the bv-law waa liureirirdRil la not denied; there was not in the resolution reported by me iuiuuiicb muj uvaiKuauon oi iBe punMiiniem to be imposed, and Us consideration was not post poned to a future meeting. No other Judgment could have been rightfully entered by the Supreme Counoil than that which was entered that the Grand Temple erred in this manifest disregard of tuc jvBiiivc ivt vi tucir vwn oeuy. But there was a still greater omission of dutv on the part of the Grand Temple, in the imposition of mo puniBuuicuii. run violation or sue constitution, laws, rules or usages of the order, an offender Is liaolo to a reprimand, to be suspended or expelled. Search was convicted of an offense which was a clear violation oi tne constitution of the Supreme Councl;. and the penalty for this otrn. la in urms preecrlted by the by-laws ; at the pleasure of the Grand Temple he could have been reprimanded, sus pended or expelltd, but Instead of punishing lu one or the other of these modes. Search was simply admonished, as directed by the vote of the Grand Temple. To admonish is to warn of a fault, to re prove with mildness, to counsel or advise against wrong practices, to Instruct or direct. A reprimand implies more than this. It is to reprove severely, to reprehend or to chide for a fault, to reprove publicly and onlclally in exe cution of a sentence. In what terms the admoni tion was given does not appear, it may have been no more than advice and counsel, bat no admoni tion, properly administered, can staad as equal to a reprunaud, which carries with it the Idea of re proving wiUi severity, aa a censure for a fault ar crime ; or, la a case of this kind, as an omelal con densation and reproof. A proper sentence and punishment was therefore wholly wanting in this case, and as there were no each paalshmeut aa ought to have been inflicted, Search has suffered uo legal penalty wbluti the law attaches to his offense. Aud this Is an answer to his plea af mutt ui$ oonuict which he interposes as a bar to further proceedings in his case. A mistrial is no trial in law, aud a sen tence diflerect from that which is prescribed cannot be ret np to prevent a Judgment according to law. As If a re' sou convlettd of th'i commission of a citm Is fined, where imprisonment is directed, ana tiVr nrw, if the wrong sentence has been imposed, he msy n resentenced according to law. ia a case taken up to the Supreme Court, where tho Judgment tiss betn wrongly Intposcd. that court will them selves resentence or direct tne court below to di so. And In analocv to the principle and proceedings In courts of law regulating cases of this kind, we hold that It was entirely competent for the Supreme Conncil to direct tne subordinate body over wracn It has Jnrisdtrtlon to properly Issue the cause and enrry it on to the end, in accordant e with the law of the order. It could treat that which had boeu done as t-xtra-Judicial, and tnerelore in no proper sense as a part or the cause. Tho direction Is simply to take the ease np where the Irregularity begau, and diFpcse or it as tne law nireciH. This conclusion requires us to go oae step further and exsmlne into the right of the defendant Sjareh, to oceupj Ms chair, and to perforin the duties of G. W. !(., wmiBi nnoer charge. iue supreme j uncii have answered tills question as follows : The appeal ol J. T. I'bcr 1rorn lite action of the Grand Temple of Pennsylvania, In the case of W. 1L Clu ley against O. L Se.arh, having been sustained by this t-odv, snd the case having been remanded back to the Grand Temple, leaves hlra still under charge. The committee reported tnat tne case comes umter a (leciision: or tne sixth annual session oi tne Supreme Council (printed proceedings, psge 89 "That no officer be permitted to occupy his chair while under charges In any temple of our order." The report or tho committee was adopted by tne Supreme Council. What is the true intent and meaning of this decision, and to what extent is Search afTtcted by It? This brings up the question of the power of the highest tribunal of the order to declare one under charges subject to the disability of not being able to occupy his c!iair until they are disposed or. we have already seen mat it is ex pressly declared In the Constitution of tho Supreme Council that they shall exercise the supreme power of the order; and in article 7 this power Is ihown to be most plenary. The fundamental law of all bodies below the chief tribunal mav be departed irom oy order of ibis higher body. The article reads: "All grand aad subordinate temples shall be governed strictly by the rules laid down in the ritua', as well as by the established constitutions, rrom wuicn tney shall In no instance depart, unless by olrectton of the Supreme Council." This power is the most ample that could be conferred ; the fundamental law muy even be put aside by theirjdecrce, and this, It muht not be forgotten. Is the law which the memncrs of tho order have prescribed for themselves; to which they have voluntarily made themselves sub ject, and from vt hloh there is no escape for any one so long as he remains a member or tne order, ir it becomes a burden too great for him to bear, the door is open, and the way to freedom is plain and short. Aitlcle 12 declares "this body shall have power to alter, amend, aoollsh, or explain any of the existing usages or laws, as well as to establish new oues." In this provision ia contained the express authority to establish a usage or law in the language of the one under consideration, and which seems to have been just declared established at the sixth annual session of the Council. If it be regarded as explana tory of an existing usage, it is covered by the letter of article Vi. If It Is treated as the establishment of a new law It Is equally clear that It is within the power conferred on the Saprcme Council. With tnls statement of the organic law as we and it in the printed constitution of the tribunal, there is. we think, an end to all controversy upon the lawfulness of the role wiiien has been called in question. It yet remains to determine the true import of the regulation nna tne extent or its operation. When It Is declared that no officer be permitted to occupy hlBchalr while uuder charges, Is It Intended to pronounce him suspended for the time from the exercise of all the powers and duties of his office, or that the privilege of occupying the chair at the meetings or assemblages of the Temple, which Is a mere incident of or.whioh pertains to his office, shall alone be taken away from him until the charges are disposed or? The latter construction is notdestt tnte of good and substantial reasons that can be urged lu Its favor. The contrary view, to some ei' tent, conflicts with the general principle that Inno cence is to be presumed nntll guilt is Droved. It is one thing to say that It Is not seemly that an officer or the body, charged with a violation or its laws, Bhall clothe himself with the regalia of his office and publicly bear rule before his fellow-membere ; but It is a very different mutter to declare that, pending trial, he shall be so far deemed guilty that his offl.ee snau be taken awav rrom mm and given to anotner. The exercise of such a power is not to be favored, because it Is liable to great abuse. It enables any member of the body to take from one chosen to onice tne nonors and privileges oi nis position, wnica have been conferred on htm by the free voloe of his fellows. Knvy. Jealousy, hatred, or malice by the one Interpretation have given to them the freest scope by the other motive, for their indulgence is taken away. The general practice Is In accord with the more liberal interpretation of the regulation of the Su preme Council. And in ne case can such come quences follow impeachment, unless it has been clearly enacted or decreed by competent authority, 'It Is only necessary to recite the recent memorable exumpie or tne rresiucnt or tne cntted states exer cising the powers or bis high office during all the time his trial for high crimes and misdemeanors was In progress. In the Constitution of Pennsylvania there is a provision for the impeachment of civil e di cers, out no suspension or o racial powers attaches penuing cnarges. nut that which we think is con elusive upon this point is, that if the Supreme Conn en mienuea to give to tucir law tne broader Sigma cation contended for, they have not said so; thev nave employee language susceptible or different meaning, which according to a fundamental cauon of construction requires us to lean to the mere liberal view. Tnls law af the body being penal in Its character must be strictly construed ; where a right is to be taken away, or a degradation or punishment inflicted, however lawful In itself, it must not be left in uenDt or uncertainty, no Judicial tribunal can be asked to give to tropes and figures of speech, which may have reasonably asslgued to them different meanings, the one which violates the rule of inter pretation mentioned above. The affidavits npon the fact af usage are severely balanced ; the affirmance and denial upon this point do not advance the question beyond where the riorlAratfnna nf th Kiinm t ntinrfl liar nlae.fwl-lt We are therefore of the oplDlon that we cannot gfve to tne law or tne oraer a oroaaer signincation than its language demands. That reason, analogy, poli cy aud a sonnd interpretation alike require that the const ruction of the rule shall be held in its strict and literal sense; that If all that pertains to an office is to occupy tne cnairs at tae meetings or the -rem pie, the ofllce for the time being la taken away ; but that if other rights or duties appertain to the official position of one against whom charges are pending, he is free to perform and to enjoy such rights and privileges, until stripped or tnutn by a nnai ana regular judgment in due form of the law of the order. & How then does the case stand npon the view which we entertain or tne true meaning or tne ruie 7 Search Is still under charges, which the Grand Temple are required by the decision of the Supreme Council to take up and dispose of in the manner pointed out In tae by-laws. The eomiultttte not having proceeded according to law will be required to make a report, as they should have done In the first Instance, when the Grand Temple will be re quired to consider tne report at a future meeting. Pending the cause Search cannot till his chair at any meeting of the Grand Temple, but he can dls churge all the other duties of G. W. li. ; ner can be be deprived of his ofllce by any sentence short of snsjiension or expulsion, or oy regular tnat and conviction as provided ler in tne law or tne order, As to li. H. Semple, assuming to perform the du ties of G. V. T.. his conduct Is net under, but con trary to, law. His whole proceeding is revolution ary, without even color of right. The injunction as te uirn is granted as prajreu ror. Ajrainst tne de fendant Search an injunction will be granted to re strain him from lining the chair of G. W. R. at the meetings of the Grand Temple, and refused aa to the remaining portion of the prayer for relief agamst hlnu In support of the authority to grant the relief prayed lor, it is sufficient to cire commonwealth vs. like Beneficial Society, a W. & S., SoO, where the charter provides for the offense and directs the mod of proceeding, the sentence is conclusive oa tae merits. Tosara vs. Howard, Ass. 4, Barr, 819. Courts . en tertalu a jurisdiction to keep these tribunals within the line oi order ana correct abuses. Amos Brlggs for complainant; W. H. Ruddlman for defendants. rpO RAILROAD CONTRACTORS. Oiticf of mi National Railway Co., ) NO. 109 SOL'TU KllIKD STKEST. V PUILAUSLFUIA, NOV. T, 1ST0. ) PROPOSALS will te received at this omre until, and including, the Stih day of November, 1870, for the construction of the National Hallway, extending from the city of Philadelphia ta Yardlevvllle, on the lelaware river; and the Millstone and Trenton Kail road and certain other railroads connecting there with, aud forming, with said connections, a conti nuous line from the city of Philadelphia to the Hud son river, apposite the city of New York. plans and speclilcatlon may be had aud examined at the or&ce of the Natlonal-Kailway Company, aad also at the office af J. B. ( I'LVKK. Engineer, No. us MONTGOMERY Street, Jersey City, on and after the loth of November. The Company reserves the right to reject any or all bids. 11 tilths Btl ROBERT R. CORSON, Secretary. I1ENKY M. HAMILTON, MATTHEW UAIKl), JACOB KIKUKL, A. 8. LIVINGSTON, CHAHLha W. Dl'PUT, Conmlttct. FOUltTH EDITION I LATER FROM EUROPE. The Armistice Question. Bismarck's Account CoifirniatJ. Trcchu Caused its ilefusal The Red Republican Movement. The Massachusetts Election. iue, i:tc, jlhc. Ltc. lite. FROM EUROPE. Order Ileatared nt Marseilles. Mabseili.es, Nov. 5, via London, Nov. 8. Eiquiros reports that the people are now In complete submission to the Government authori ties, and he therefore submits his resignation, averting ILat It Is the duty of the hour to unite sgainet the Invader. The Mayor of the city has Issued a proclamation annulling all acts of tha revolutionary committee. Vlsorou Preparations are making at Lyons for defense, and a great quantity of provisions has been collected and all able-bodied citizens have been thoroughly armed. All communication northward from Lyons has been cut by the Prussians. Navigation mt the Kibe. Berlin, Nov. 8. Tho Prussian Government, which recently gave orders for the restoration of the lights and buoys at the mouth of tha Elbe, has now countermanded these orders, and the work has consequently been suspended. Bismarck's Account Ceaflmned. Loudon, Nov. 8. Private advices jnst re ceived from Versailles conllrm the account given by Bismarck of the suspension of negotia tions for an armistice. Jules Favre, together with a majority of his colleagues, favored the scheme for the election of members to the Con stituent Assembly, and urged the acceptance of an armistice as negotiated by Thiers. General Trochu, commander of the armies at Paris, dis sented, and carried his point. The Pope's Case. r i.orence, .Nov. 8. Inters has written a letter to Ills Holiness at Rome, assuring him that the great powers of Europe will consider his case at the aomlng Congress, and a position worthy of God's vicegerent, will be provided for him. The King will officially enter Rome after the national elections. Preparations are actively making in all the provinces for the elections, which will occur on tho 30th Inst. American Ministers ta Denmark. Copenhagen, Nov. 8. Mr. Andrews, the re tiring American Minister, had an audience of leave to-day. Kramer, the new American Minister, presented his credentials and the cus tomary speeches were made. FROM NEW ENGLAND. Ibe Massachusetts Election. Boston, Nov. 8. The voting progresses quietly but actively. The vote in Boston at noon stood, for Governor Claflin, 8574; Adams, 3409; Phillips, 458; for Congressman in the Third dlstrlct-Twltchell, Republican, 2:310-, Gaston, Democrat, 1370; Cushing, Protectionist, 99; Balford, Labor Reform, 17; Fourth district- Hooper, Republican, 1254; Morso, Democrat, 920; Sargent, Labor Reform, 52. Tee Census. Marshal Gregory has received an order from Washington to retake the census in this city, ne will immediately proceed to the work, and it Is thought will co-operate with the municipal authorities, to whom he has communicated the fact of the order from Washington. PHILADELPHIA STOCK EXCHANGE SALES. Reported by De Haven h Bro., No. 40 S. Third street. BETWEEN BOARDS. tSOOLeh OoldL... 8UK 8 sh Mech Bank.. 81 X 1300 City OS N..C.102 5shPenna,..opg. 69 ISO do C. 69 100 do b0. 6 800 ih Lit Sen Kll.. bCO.... 43 vwusn teaa....B30. gojj lue do b3. 60-94 800 . do. 18. 064 1.50-91 100 Bh OCA A RR, blo. 46 SECOND BOARD. 129000 Pa t N Y C Ts 6 ah Reading R... 61 61 8days.... 9x f looo City as, New. 102 lot sh Penna R.opg. C9 BOJhOCA AH.... W 100 do b0. IS sh Cent Trans.. 4 sh Leh V K 60 Oil rpflE VATICAN, No. 1010 CHESNUT STREET. -a- statuary, Bronzes, Clocks, Vaaes, Pedestals, and elegant articles of taste for the adornment of the parlor, dining-room, library, hall, and boudoir, and far bridal presents, purchased in Earope pre vious to the war at a great sacritico, and will now be sold, retail, at correspondingly low prloes. We in vite an inspection at our spacious store aud show rooms, up stairs. The price of all articles marked In plain figures. Goods packed and shipped free of o arge. 10 29 2mrp STEAMED OYSTERS! HALF PECK FOR 23 CENTS. Large Stews and Panned 20 cents Saddle Rock Roast 60 The Finest Quality of Salt and Fresh Oysters in the Bneu. TRIPE AND OY8TER8, TtUiM 1 L' It AVQTVnQ ltVllA4U V1D111W FKIKD OY8TEKS. Especial attention given to STEAMED OYUTEHSl OYSTER PLANTER AND DEALER, N. E. Corner NINTH and CHBSNUT Streets. Eating bar supplied with all the delicacies of the season. v n install DYE AND PRINT WORKS. 1819 12STA1SL.ISII13D 1819 Hew York Dyeing and Printing Liiauusuiueni, 8TATEN ISLAND. No. 40 Fforth EIGHTH Street, West Side, Philadelphia. 88 DUANE St. and 162 BROADWAY, New York. 16 and 18 PIERBEPONT St, Brooklyn. This old and well-known company, now in the eecond kmloentury of lis eilstence, la prepared, as usual, to Dye, CUantt and Pinuh every variety of ladies', gentlemen's, and children's garments, and tfeca uooos in tneir ntuai Bupenoriuauur. Note These are our only oifloca. a ao tuths3m 1UST RECEIVED, FINE IMPORTED WR1TING-DESKB. INKSTANDS, POCKET BOOKS AND CARD CASES, Of new and handsome design. 1KKIA, Card Engraver and Stationer, No. 1033 CHESNUT STRBET, 1 13 tatfcSp PHILADELPHIA. FIFTH EDITION THE LATEST NEWS. FROM WASUIXQTOX. The Result af the l.anlslABa EleetUn. Despatch to the Asnria'ed . Washington, Nov. 8. A despatch to the Union Republican Committee from Senator Kel logg, of Louisiana, reports tbat New Orleans has gone Republican by 4000 to 5000, and that the State of Leuieiana Is Republican by a very large majority. John A. him ms, of Washington Territory, has been appointed agent for the Nea Perce Indians of Idaho. FROM THE SOUTH. The Flection la Hlehmaad. Special Despatch to The Evening TeVjrrapA. Richmond, v a., Nov. 8 The election Is pro gressing quietly. A large vote will be polled. It is thought the Republicans are ahead tip to this hour, 3 P. M. Both parties are working ceolously. It is thought Porter will run behind the general ticket. Ordway's friends are very hopeful. The United States troops have had no occasion to leave their quarter. FROM NEW YORK. The Election at Troy. Tkoy, Nov. 8. Tho election is passing off uletly, and a large vote will be polled. Only one row occurred, In tho Fourth ward, where a deputy United States Marshal was assaulted. One man was arrested in the Second ward for repeating, and another is in custody for at tempted bribery. LATEST SlllPl'lXG INTELLIGENCE For additional Marine Newt tee Insid Pew. By Telegraph.) New Tore, Nov. S. Arrived, steamship Nevada. from Liverpool. f Oiehko, Nov. 8. Arrived, steamship PeruvUu" from Liverpool. PORT OF PHILADELPHIA NOVEMBER STATE OF THEBKOM STIR AT THB EVENING TELEGRAPH OFFICE. IA. M 48 11 A. M CO S P. M. 66 CLEARED THIS MORNING. Steamer E. N. Fairchild, Trout, New York, W. M. uairci it co. Steamer Sarah, Jones, New York, do. Br. bark Clara, Probst, Jr., Bremen, L. Westergaard A Co. Bark 11. D. Brookman, Savin, Liverpool, do. ARRIVED THIS MORNING. Steamship Pioneer, Wakeley, 80 hours from Wil mington, Is', c, with cotton, naval stores, etc., ta Philadelphia and Southern Mall steamship Co. Steamship Juniata, Uoxle, C days from New Or leans via Havana, with rndse. to Philadelphia and Southern Mall Steamship Co. The Juniata was in advertantly reported arrived yesterday. The follow ing Is her report: Saw a bark off Brandy wine. Off the Middle, a bark. Off the Brown, a bark. A bark off Dsn Baker Buoy. A bark and three brigs off Duck Creek. Heamer R. Willing, Cnndlff, 13 hours from Baltl. more, with nidse. and passengers to A. Groves, Jr. Bark Arlington, Costello, 68 days from Liverpool, with mdse. to Peter Wright fc Sons. Experienced very severe weather, with westerly and southerly winds. Oct. 6, lat. 82, long. 43)1, encountered a hur ricane, hut sustained no damage. Schr Sarah Mills, Baiter, 4 days from Providence, in ballast to Knight A Sons. Schr Maria Louisa, Snow, from Gloucester, wltg merchandise. - Schr Aid, Smith, from Fall River. Schr Elvle Davis, Johnson, from Boston. Schr John Stroup, Crawford, do. Schr R. Vanneman, Brown, do. Schr Paul Thompson, Godfrey, do. Schr Maggie Mulvey, Rowley, do. Schr R. A S. Corson, Corson, do. Schr J. M. Fltzpatrick, Smith, do. Schr Thomas G. Smith, Lake, do. Schr W. G. Dearborn, Scull, de. Special Despatch to The Evening Telegraph. Uavhk-pb-grack, Nov. 8. The following boats left this morning In tow: Casco and Harry Craig, with lumber to Craig k Blanchard. W. N. Carter and Minnie, with lumber to Patter son & Lipptncott. Lizzie and Laura, with flint to Baker, Adamson A Co. J. M. Pine, with lumber to R. Woolverton. lllot Hoy, with lumber to Ellis, Bruner fc. Ellis. Prairie, with lumber to Maul A Bro. Henry Banks, with lumber, for New York. B. A. Knight, with flint, for Trenton. Maggie, with poplar wood, for Manayunk. MEMORANDA. Br. ship Stanhope, Morris, for Philadelphia, sailed from Calcutta 24th Inst. Ship John Ellis, MeUln, hence, at Antwerp 24th ultimo. Ship Firm, Wiley, rrom Liverpool for Philadelphia, at Holyhead 22d ult. Ship Veteran, Thomas, from Greenock for Phila delphia, at Holyhead 26th nit. Ship Clara J. Adams, McFadden, hence, at Liver pool 23d ult. Ship Pomona, Crooker, henoe, entered out at Liv erpool 20th ult. for Savannah. Br. steamer Malta, McDowell, for Liverpool, cl'a at New York yesterday. Steamers Ontario, Townsend, for Cowes, and Rapldan, Whitehurst, for Havana, cleared at New York yesterday. Bark Arctures, Edwards, for Philadelphia, sailed from Antwerp 2'2d ult. Bark Degler, Tellefone, henoe, at Brouwershaven 24th alt. Bark Polly Rodd, hence for Stettin, at JCIalnore 21st alt. FOR SALfc.. MTTRT RK SOI.T)No. ftiO S. KTfHTlf 'f-l Street, desirable for residence or business, four story, with large back bindings, Modern through out, in perfect order, good neighborhood. Lot 93 by 100: only f40Ocash required. Apply on preml ses 11 8 8f FUKNI I UKb. HOVER'S PATENT SOFA BED. All old and yenng bachelors, as well as ladies who keep eld maids hall, are now buying HOTIIfg CELEBRATED PATENT SOFA BED. This Is Ue nly Kef a Bed that can be taken apart tt cleanse It the same as a bedstead. All ethers are unsafe and liable ta get out of repair. To be had only af the manufacturer and owner, ii. r. uo visit. No. 230 SOUTH SECOND STREET. 21 tnfdm PHI LAD BaFEU A. PATENT". HOWSON'S omega fob PBOcrBixs United States and Foreign PATENTS, Forrckt llnlldlnera. No. il9 SOUTH FOURTH STREET, PHILADELPHIA, AND MARBLE BU1LDINOB, No. 605 SEVENTH STREET, WASHINGTON, D. C. H. BOWSON, Solicitor of Patenta. C BOWSON, Attorney at Law. Communications should be addressed to the Prin cipal Uaieea, Philadelphia. 10 4 tnths-Jja