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VOL. XIV NO. 154.
PHILADELPHIA, SATURDAY. DECEMBER 31, 1870.
DOUBLE SHEET THREE CENTS.
HYMNING
FIRST EDITION
THE ENGLISH -MINISTRY.
The Reeent Change la 01 r. Gladstone' Cabi
net Kortescue aait Ilarting-ten, the New
Minister.
A cable telegram from London announces that the
Right Hon. Chichester Fortcscue has been appointed
the successor of John Bright In Mr. Gladstone's
Cabinet, as President of the Board of Trade, the
Marqnls of Hartington becoming Mr. Fortescae's
successor as Chief Secretary for Ireland.
Klaht Hon. Chic-heater Fortenrne.
Chichester Samuel Parkinson Fortescue Is the
too Direr son of the late Lieutenant Colonel For
tescue, and brother and heir presumptive to Lord i
Clermont. Me waa born In 1823, graduated at Christ
Church, Oxford, In 1944, taking first-class honors In
classic, and In 1(46 obtained the chancellor's prize
for the best English essay. He has represented the
county of Louth in the Liberal interest since 1847;
was an Irish lord of the treasury from 1844 to 1855;
Under Secretary of State for the Colonies under Pal
mention's administration from 1861 to 1863, and
again from 1859 to 1865, and waa appointed Chief
Secretary for Ireland November 80, 1666, retiring
with Lord Russell's administration In Jane of the
next year, and reappointed to the same Important
position by Mr. Gladstone in December, 1SGS. He
was also sworn as a Privy Councillor In 1664.
Throughout Mr. Gladstone's administration he has
remained Chief Secretary for Ireland, and in that
capacity has had to deal with all the vexations
questions which have rendered Ireland so trouble
some during the past two years. Although he has
not succeeded in keeping Ireland in entire subjec
tion, he has succeeded tolerably well In suppressing
Feiilan demonstrations; but his removal to the Pre
sidency of the Hoard of Trade Is a tacit acknowledg
ment of the failure of his Irish policy.
The Marquis of flnrtlnston.
The Marquis of Ilatington, who succeeds to the
IriBh Secretaryship, Is the eldest son of the gieat
Duke of Devonshire, the head of the Cavendishes,
Though still young, the Marquis is not only, In con
sequence of the vast estates of his father, one of
the most influential members of his party hcia
also one of the ablest. Iu Palmerston's govern
ment he was first a Lord of the Admiralty, then
Under Secretary for War, and finally In tho Russell
Ministry Secretary for War and member of the
Cabinet. At the election for members of Faliament
in November, 1669, the Marquis of Hartington was
the Liberal candidate for North Lancashire, against
Colonel Wilson Patton, Secretary for Ire
land, and the Hon. F. A. Stanley,
youcgest son of tae Earl of Derby, whose
estates and revenue in the county are of
princely extent. Both parties were accused of having
spent Immense sums for bribery, but the Marquis of
Hartington was defeated by more than 1000 majority.
Another seat was found for him, however, and he
was appointed Postmaster-General by Mr. tl'ad
stone, continuing to hold that position until his
transfer to the Chief Secretaryship for Ireland.
During the c'vil war in this country, the Manilla
paid a visit to New York, anl rendered himself ex
tremely obnoxious to the American people bv ex
hibiting a lively sympathy with the came of the
Southern Confederacy.
FRENCH MIKEKIXGS.
(Generals nt Odda-Hprelmen of Parisian
sol-
(Hern.
A correspondent of the London Daily Xews
writes from the iuside of Paris:
"We are bv no means a verv happy family.
General Ducrot and General Blanchard have
'had words.' The latter, in the course of the
dispute, said to the former, 'If your sword were
aa long as your tongue, you would be a wonder
ful warrior indeed.' Ducrot and Trochu are the
literary generals, Vinoy and Blanchard the
fighting generals. It is reported also that
General Fave is to be superseded, although
bis redoubt may be said to have saved
the army from a greater disaster. While, how
ever, the military men dilter amon;; themselves,
they are all agreed in abusing the National
Guards, whom they Irreverently cll 'Les Char
cutiers the pork butchers. When La Gare
nux Baufa was carried by Admiral Polhuau and
his Bailors, two battalions of these heroes fol
lowed in the rear. The Admiral and tbe sailors
were somewhat astonished to find that iu the
order or the day hardly anything was said of
those who really did the lighting, but that the
'pork butchers' were lauded to the Bkies. Gene
ral Trochu on this wrote a letter to the Admiral,
informing him that it was necessary for political
reasons to encourage theV'ational Guard.
"While the battle was going on at Villers and
Champigny, tbe marching battalions of the Na
tional Guard were drawn up almost out of shot.
An order came to form them into line. Their
commander, General Clement Thomas, replied
that this would be impossible, as they would
imagine that they were about to be taken into
action. Notwithstanding this, General Trochu
congratulates them upon the 'moral support'
which they afforded him. It is not surprising
that tbe real soldiers should feel hurt at this
system of humbug. They declare that at the
next sortie they will force the Parisians to fight
by puttiog them in front, an firing on them if
they attempt to run away. It must be remem
bered that these fighting battalions consist of
young unmarried men, and if Paris is to be de
fended, there is no reason why they should not
be exposed to danger. The inhabitants of the
city seem to consider themselves a sacred race;
they clamor for sorties, vow to die for their
country, and then wish to do it by procuration.
I am utterly disgusted with tbe difference be
tween their words and their deeds. The Mobiles
and tbe line have as yet done all the lighting,
and yet, to read the Paris newspapers, one would
suppose that tbe National Guards, who have
kept well out of all danger, have 'covered them
selves with glory.' Since the siege commenced
tbey have done nothing but swagger about in
uniforms, and go in turns on the ramparts. They
bave learned to knock a penny off a cork at a
distance of ten yards, and tbey bave carried oa
a very successful campaign against the spar
rows." THE CRIMINAL CALENDAR.
, The Work of the Police During the Year 1870,
Compared with f rollout Year.
In the following table is given the number of
arrests maue curing the year 1870. as omnared
with that of the previous year, by police districts:
lnttrUC. 1870. 18K9. Ifi.tr ictt.
1st Vlftl Jko8 14th
3d 87 48 4059 loth
3d 2:')5 V.m lriih
4th 1H74 IWnS 17th
fclh. 7 424 iKth
th 1W4 1HA8 Chentnot HU1..
7th. 2uM 8144 Del. Harbor...
tb 1371 12 Seta, do. ...
tnh 17X3 1hii8 Resarvaa
ltrth 156 2783 heygar Deteo . .
11th 1:14 1373 Day Serge&uU.
12th 1418 IMli
1870. W.
3:o 4ii
415 839
lt4a Hid
ir,x sii7
S69 bbh
lui tj
12i 179
2.W 157
lWHl 10(9
&9 W
13th 665 4'.3! Total 31,631 34,663
A Comparative Bumuary Mlnre lSbi.
In the following table la given a summary of the
number of arrests during the year by months, in
comparison with tbe number arrested durlug the
corresponding months of several previous years:
1670. lbtiJ. lbtkJ. l&ul. lbtiO. 165. ;ltS64
Jan
Feb
V arch. . . .
April.
May
June
July
August....
Sept
Oct
Nov
Dec
Total.
31634 3t663 80353 42713 445..0 40059 34231
It will be noticed that the total arrests for the
year is lens by several thousaud than the total for a ;
scniber of years past. j
MHO 8564 2403 8416 1 3644 8153 g.1'0
2242 887 1973 go3 8V)S 1816 8T12
8.186 8148 8913 i094 8473! 9634 8S19
8835 8050, 8188 8579 3598 294 26&3
8040 3210 83'41 3073: 8781! 2J48 279
8011 8428' 8177 6938 36.(5,' 3477 2d71
8166 8994, 8419, 4167. 4"49 4410 8199
8309 817' 8749, 4250! 4l9 4136 82-0
2671 8209 84791 4499; 4444 4133 3067
2168 8796 8464 4125' 8701' 4069 8141
2975. 8298, 2957. 8451 1 &54J 3465 2774
1666 8'A4 2409 2695 4091 3746 j 2515
SECOND EDITION
WAR NEWS BY CABLE.
The Siege of Belfort.
A Prussian Assault Repulsed
Soldiers Frozenlo Death
DOMESTIC AFFAIRS.
The Pennsylvania Legislature.
Caucuses and Preliminaries.
FROM EUROPE.
The Cold Weather Soldier Frozen to Death.
London, Dec. 31. The intensely cold weather
causes a fearful mortality among the German
wounded. Nearly all the occupants of fifty
six carriages filled with soldiers wounded at the
assault upon Belfort, on the 21st of December,
were frozen to death before the train reached
Chatener.
Reported Repulse of Prussian at Belfort.
A despatch from Besancon reports that
another unsuccessful assault was made by the
Germans on the fortifications of Belfort, in
which the besiegers lost 1400 killed and
wounded.
Another Enalfah Vessel Sunk In the Heine.
A despatch from llavre says that the Germans
captured another English collier at Rouen on
Saturday last, and sank the vessel in the Seine.
FROM THE STATE.
The Gpenlnar of the I.ejrlalatnre Rumors of
Organization Tho htaie Treasurer 'ilit.
Special Despatch to The Evening Te'egrapk.
Hahmsburg, Dec. 31. The Republican
members of the lower house of the Legislature
have nearly all arrived at the capital, in order
to be present at the preliminary caucus which
meets this afternoon at 2 o'clock. There la lit
tle or no excitement, although there are all sorts
of rumors with reference to the organization of
both houses. It is eaid that Senator Buckalew
will not support Senator Wallace for the
Speakership, and that the seats of Senators
Dechcrt, Magic, and Randall are to be contested.
The same source also gives publicity to the fact
that tbe Democracy will contest the seats of
several Republican members of the House, with
a view of controlling that branch of the Legis
lature.. The State Treasurer fight excites no in
terest whatever, as the members come here
pledged to stand by the caucus. Mr. Mackey,
it is conceded, will receive the nomination, and
the Democracy again show a willingness to de
feat him if some arrangement can be made by
which they will be benefitted in some future
legislation. Messrs. Taggart, Irwin and Cole
man are still in the field, and will make a des
perate effort to have in charge the Treasury of
the Commonwealth.
Jacob Ziegler, of Butler, is here pressing his
claims for the chief clerkship of the Senate,
and he will be followed to-day by Charles W.
Carrigan and Jefferson Young, of Philadelphia,
both of whom are desirous of filling the same
position. The caucus of the Democratic Sena
tors will not be held till Monday. Philadelphia
is to be allowed five of the officers of the Senate,
and there Is a lively fight for the Sergeant-at-Arms
between John Ahern and R. J. McCanny,
both of that city. The question of publishing a
record of the proceedings is being agitated, and
it meets with general favor.
Republican Cauca of the House lames Webb,
of llradford, the Probable Npeaker.
Special Despatch to The Evening Telegraph.
IIartusburg, Pa., Dec. 31. A meeting of
Republican members of House was held this
morning to discuss a method of organization.
It was resolved to appoint a committee to nomi
nate officers. This looks to the election of
James Webb, of Bradford, for Speaker. No final
caucus will he held until Monday. There Is
reason to believe that the Republicans in the
Legislature will choose a new man for the State
Treasurer, rather than insist upon any objec
tionable candidate who will disrupt the party.
FROM THE SO VTR.
Tho Ice In the James.
Richmond, Va., Dec. 31. The weather was
much moderated this morning, and the Ice,
which extended thirty-six miles down the river
last night, is being broken up by the ice-boats
to-day.
The Clay Mansion Burned.
The house in which Henry Clay was born,
near Ashland, Hanover county, was destroyed
by fire yesterday. It was over a century old.
FROM NEW ENGLAND.
Obltuarv.
Kctland, Vt., Dec. 80. Edwin Hammond, the
famous Americaa sheep-breeder, died this morning
at his reslience at iuiuaieoury, agea seventy years,
New York Produce Market.
Niw Toax. Dec. 81. Cotton quiet and steady;
sales 1500 dale at tiour steady, witn
moderate demand; sales 13,000 barrels State at
t586(4e'65; Ohio at8 15(46'70: Western at5'!&3T
Wheat quiet and without decided change ; sales of
23,009 bubbela No. 1 spring at twioi'42; winter red
and amoer western at H4K$r48. uora dull and
oroopniK: tales 28,000 bushels new mixed Western
at 7t77e. Oats dull; sales 17,000 bushels Ohio and
Western at 603i2jtfc. Beef unchanged. Fork heavy
new mess. fi9-75420: old. fl93l9-eo. Lard dull
steam, ll4fal2c.; kettle, l'413c. Whisky dull
ana uominsi.
New York Money and Stock Market.
Nb m Yobi, Dec 31. tttocxa strong but dull. Money,
7 per cent, gold to l-io. uoia, uo J4-. e-uos of 1869, oou
pon. 107 u ao. wt, ao., loi ; uo. ao. iOT
do. 1866, new, 110','; do. 1867, no,; do. 1868, IU
10-408, 106 1;; Virginia 6a, new, 63; Missouri 6a, 92 V;
Canton Co 60; Cumberland preferred, 25; N. J.
Central and Hudson iuver, 91k;; Erie, 23 ; Reading,
92; Adams Express, 64 ; Michigan Central,
116; Michigan Southern, 9i'i; Illinois Central.
136,; Cleveland and Pittsburg, IOCS'! Chicago and
fioca island, loe1, ; Pituourg ana tort Wayne,
v.H! vrtwiexu union -leiegrapo, to.
Baltimore Produce Market.
Biltimohb, Dec. 81. cotton dull but firm, and
oflerlnga light; middling uplands, 15c.; low mid
dlings, 14(al4V5. Flour quiet but Arm. Wheat lirin
and stoca scarce, out prices are entirely unchanged,
Corn una and stock scarce; white, too : yellow, 76c
lists D.gner aiwHaDii;. i roTinions dUU ana DOUU'
najy cncLangea. wiauy, vasvjc.
THIRD EDITION
LATER FROM EUROPE.
Bombardment of Paris.
Shells Thrown into the City.
AFFAIRS AT THE CAPITAL
The Hew Year's Receptions.
iold and Currency Statements.
Defaulting Paymasters.
FROM EUROPE.
The Bombardment of Paris.
London, Dec. 81 (.Special to N. Y. Tele
gram.") A despatch from a correspondent at
Paris on the 39th states that shells were thrown
into the city from the neighborhood of St. Alns,
at a range of 7000 yards, (nearly four miles.)
An Attack on Bellvllle.
A despatch from Carlsruhe of the 30th states
that an attack will be made immediately by the
Prussians with shot and shell upon Belleville,
Villette, and St. Antoine.
Nothing can be done by the German army of
the Loire, it is expected, for a fortnight.
Chiefs of Artillery.
PrlDce Ilohenlohe vnd General Latnche are
appointed supreme chiefs of artillery.
Prussian Reinforcements
Reinforcements to the number of 15,000 men
are arriving, to recruit the German army.
FROM NEW ENGLAND.
Low Water In the IHerrlmae.
Lowell, Dec. 81. The Merrimac river is
very low, and causes some anxiety for the
manufacturers aa to their winter supply. The
flow of water is less than at any time since 1807,
and the reservoirs are exhausted. The utmost
economy in tbe use of water is enjoined on the
corporations by the agents of the Water Power
Company. The closing of the past six months'
accounts ot many of the cotton mills of this
city, Manchester, Lewiston, and other places
are said to Ehow a better condition than was
anticipated. The ice in the river is about nine
inches thick. The cutting of ico will begin on
Monday.
Lewiston, Me., Dec. 31.
A 1,1 Kb I Hhw
fell here last night.
FROM NEW YORK.
(Opecle Shipment.
New York, Dec. 31. The steamship City of Brook
yn takes out f 410,000 in specie.
I' Ire at Ilooslck Falls.
Troy. Dec. 81. Fowler & Brown's block. Peters'
drug store, and other buildings at Hooslck Kails,
were burned this morning. Loss between 30,ooO
and $40,000.
FlNAHCl? AII COlLUCKCi;.
Evening Teijsghuph OFricK,)
Saturday, Deo. Ul, 1870. )'
There Is a very brisk demand for monev to
day to meet obligations now matured, and the
pressure both at the banks and outside is con
siderable, ine rates at yesterday s advance are
firmly maintained, but not materially changed
except in cases where loans are pressed by bor
rowers Having qoudiiiu claims lor lavors. The
brokers are fortunately moderate in their de
mands, though some effort has been made here,
in connection with similar movements in New
in Reading: and
Lehigh Navigation.
We quote call loans at 6V7J per cent., and
good business paper at 7 10 per cent.
uoia is quiet ana steady, with sales fluctua-
ting"between 110 and 110.
ine uovernmeut bond market continues firm.
and a portion of the list shows a further ad
vance.
Stocks were moderately active and steady.
Sales of Lehigh Gold Loan at 85 b. o. Read
ing was dull, with small sales at 4'Jk. Camden
and Amboy sold at 117K 117; Lehigh Valley
at 59XMX. the latter b. o ; and Oil Creek
and Allegheny at 45'. was bid for Phila
delphia and Erie, and 87 for Catawissa pre
ferred. In Canal shares there was a lively demand for
Lehigh, selling at S8 cash.
The balance of the list was quiet. The board
adjourned till Tueedav.
PHILADELPHIA STOUK EXCHANGE SALES.
Reported by Do Haven A Bro., No. 40 S.Thlrd street.
FIRST BOARD.
1300 C A A m 68.'8i U4
SshRead..d bill. 49
fiooo Pa l m 6s.... 103V
110000 Pa AN Y CTl
lots.. 91
11000 LehVR nbds
Cp.... 85
$5000 Leh Gold L bBO 85
oshcain A Amlt.in
6t do ls.W)4
8ih Leh V.d bill 69'
8 sh Minebill U.. M,
SO do..d bill. 49)4
SO lb Leh V R.... &9
SoO do..U.bso. eov
V00 do 18. 60
800 sh Leh Nar.lsc. 85','
sou do is. 83
100 do bOO. 33M
109 do .. ..1)00. 83f
lOOshOC A R... tsii
lb a AL iNTELLianrjcn.
Judcnients.
Court of Comvion Pitas Judges Allison and Ludlow,
The following judgments were entered this nioru
lnff :
Allison, P. J. Estate of Martha R. McBride-Ex-captions
to auditor's report. Report continued as to
ail dui iwo oi e exceptions.
Estate of J. L lenneiuore Exceptions to audi
tor's report. Exceptions dismissed.
Luseiy vs. 1 he City iui for new trial. Rule dis-
cnargea.
Petit vs. Townseud-Demurrer to amended bill.
Demurrer suBiainea.
Entate ot Frederick MoVey Exceptions to audi
tor's report. Kepoit remitted to the auditor. Judg
Dunglison's Estate Exceptions to auditor's re
port. Exceptions dismissed. Judge Peirce.
Estate of Washington Brown Exception to audi
tor's report. Report continued.
An Important iojuaetlon.
Tbe Junction Railroad Com p. or . Henry M. Bojrd
In Kuoliy. Ptxun, J. -Tti. Junction Kailroad (Join
iij, ly the teim.of their charter (Act of May 3, lbot).
r . l-.., iou were imuonsea "lo conatruct s rmiruaa, coin
msncinn at a point upon the Puilatlelunia and Heading
Kailroad. at or Dear thebridira of aaia ooiuoanv. nur
Pel.r'. Inland, in lb. river Schuylkill, thence by tbe boat
roui. lo a ixjiui ujon me feunsylvanis ru.iiroaa.wuUi
one mile eaat of deorae'a run. ai tbe villaae of Hantoc
TiUe, tbenc. by the line of the Pennaylvieuia Koad by the
most direct and praoti.able route to a puinl upon the line
of tue rmiaaeipuia, n luningum, sua Baltimore Kail
road."
Under and in punuaoce of the power thoa coat erred bj
tneir cnarter, tne eaia nailroaa lAinipany have oun
atruuted their road throush a portion of Went Philadul
phia the aame being located from a point north of Mar
ket street to a point aoulh of Clhennut atreet, upon the
line (if Thirty second street, hiyh Utet was Lt'4 ouv
nnon the p'an of the clt of Philndn'nhi. but nit, than
iii'fHied ftitnfh of OliPflnnt etTAefc. Ht.twnoa thtnnint rt.
ferrml to. the road ba been arched over and rilloi uo.
mulling it in effoct a tunnel, erer which the Iravol upon
Market and Uhe.nnt strneta now paxen. Thin tunnel
continue lor iilxiut nevonty hvefeK below Oh-nt. Vn-et,
far nonuh tf prevent horson from being fright nne I by
a pproachins traina, after which the eaid road ta a deep
uncovered cai. ior xime cimtance, arm no continue! nntil
the natural grade of the ground bring, the road
out upon a level with the surface. The land nnnn the
line of Thirty second etreet. below Chesnut, belonged to
tbe estate of Kdward Khippen Kurd, deoeawl. The eie
ontors of this estate presented a petition to the court, in
conformity wit h law, for a jury to avsose the damages for
the taking of their land bv tha .aid omntunr. and for in.
jury to their adjoining; pvopertjr; and snoh proceedings
were had thereon, that an award was made of ten thou
sand dollars in favor of the estate, which sward has been
confirmed by the conrt, and tbe amount tbereol paid by
IIIP cuilllinu.v.
The bill further alleges that the defendant. Hnnrv M
T4n..4 an1 him .... ... 1 I L
recent Iv entered upon and taken po.Msston of all that
part of said strip of ground so condemned to and paid for
by the said company, being the whole of Thirty seoond
street fronting on (Jbexnnt.and extend'ng southward to
the mouth of said tunnel, and are now aotually engaged in
erecting thereon a certain stone and frame straoture for
tbe use and occupation of himself and certain other per
sons associated with him. and who bave recently fo ined,
er are about forraing.a religious association under the name
of the Wet Oliet-nut Street Presbyterian Ohuroh. The
said building Is erected nnon stone foumlntinna set. in IIia
round, and is directly over the arch of the tunnel afore-
ssm. . .
The defendant, does not claim to erect said hnildinir
under any lioense from tbe said company, or from the ex
ecutors of Burd's estate; bat justities bis act. under an
ordinance of ('ononis, pnsaed October 82, 1W1. in these
words : "The Select and Common Councils of the Oity of
Philadelphia do ordain, that, permission be and the same
is bereiiy granted to the West Uheannt (Street Presbyte
rian Church, to erect a temporary wooden chnnnl on
Thirty-second street, below Cbesnut street, in the Twenty-
. V ...1 . I) . J Tkh. . I : 1 I : 1 u i 1 1 i
Bt TCIH" TT .I'l , . IVTIUVU, 1 Ub .UO Mill UUimiDft SQail OB
removed at any time hereafter upon thirty days notice to
tie given oyineuniei uouimissioner or Highways, on trio
passage of s resolution by Councils to that off eat." K. K.
I pon the tiling of the bill of complaieantH tbe usual ex
parte Injunction was granted: snbseouent to which tha
defendant put in a p.o forma answer, admitting the facts
asset forth) in the bill, and submitting himself to the
order of the Oouit. Whereupon the ease was art down
for argument upon bill and answer. UDontha heaHnir.
however, tbe defendant asked leave to withdraw bis an.
ewer, ana to sunstitute tbe names of the trustees of the
West Chesnut Street Presbyterian Ohuroh as defnnlants.
It wa alleged that this answer was pit in pending pro
cteiings for s settlement of the difficulty, and with a
view to that end.
W bile a oourt of equity might, in s proper case, allow other
parties having an interest to jein in defence, we would not
DeiuBtinea in sunsiiiuiing other names as defendants
without the consent of the plaintiff; and while I do not
sustain the motion to withdraw the answer I bave treated
t be latter as an affidavit, and decide the case asnpona
motion to continue the special injunction.
1 hat the defendant bad no right to erect this building
upon tbe lot in quei-tiou is too plain for argument. He
has shown no legal authority from any one to do so. He
s a mere trespasser. 1 ho ordinance of Councils stnounts
to nothing. The city did not and does not own the land,
and consequently has no authority to erect s structure
thereon, or to authorize others to do so. Theonlv riirht
which the city could possib'y have had waa to usi the
ground as a public highway, and this right is practically
taken away bv its use bv the railroad. If said ground had
not been so taken then tbe only Darties entitled to build
upon the lot would have been the owners of the fee, or
some finu claiming vy. Mirougu, or unuer tueill
Hut it is contended tor (t he defendant that, conceding
he has no right to build upon this lot. the complainant
are not entitled to tne ennitaoie renet prayed tor Dooauae
they are not tne owners or the tee, ana have nut n ease
ment in tbe nrooortv. It is undoubtedly true that where
a railroad company take land for the construction of this
road by virtue ot tne right ot eminent domain thoyare
not acquire s title in tee to tne land so taken, but only
risht of wav for ths nut pose aforesaid.
1 he general principle Das oeeo lo-jg ana clearly settled
that when tbe soil of an individual is appropriated to the
use of a Dublic highway, whether a canal, railroad, turn
pike, or ordinary country road, the fee remains in the
former owner, and tbe public has but the right of passage;
and on the abandonment or disuse of the grounds as a
way, tho owner can reclaim or occupy it. ( the Western
I'ennMivama ltatimaa uo. vs. .lonnnon, r. r. B ,anu;
Is nee s Appeal, fi P. 1". lti: JessuD vs. Ixmcbs. ibid..
3n0; Lewis vs. Jones, 1 B, IKti; Sanderaon vs. Havetiek,
Hid, iisner vs. uoyie, i aits, mil ; isarciay vs.
ISowm. 6 Peters, Vn ) lint, it is also true
that, the use by s railroad company of land taken
bv them for tbe UBe of their road is practicillv an exulu-
sive one and pntmauent in its nature. Anillbereiu it dif
fers eHtentiallv trom the case of land taken for sin ordi
nary highway. For a railroad company must, from tbe
very nature of its op. rat ions for the security of life and
monertv bave the light to the exclusive use of the road
for tlienitelves and workmen, and to exclude all concur
rent occupancy liy former owners in any mode or for any
purpose, 'i bis view ot ths law is lully snstained by the
ill liffi iiirh ii.d ..aimuj u. .n. viria, va,, at uai..
4S7 ; vy neeier vs. 1 no uanwuy, is carp., vi, ; niungenvs.
Knii.HV. ijoaiu .hhm: iiazin vs I nm Kaiiurav.-i nr.u
f'i: Bcdlield's Amer. Railway Cases, 2W, and Notes;
Railroad va. Holton, 2d Vt , 4.1.
In the latter oas it waa held tbat ens whose land has
been taken, appraised, and paid for by a railroad com
pany, nnaer tbeir cbaittr. tor railro.d pin-pones, has no
right to sn'er upon or nse snoh land for any purpose
wLiohintbe least degree endanrers or embarrasses its
nse I y tbe company for any of tie objects which the rail
road is iotf nded to accoiopih : and tbat it, was unlawful
for tbe owner of tlie fee to dig tun along '.he line of tbe
road, as his doing so might tend to oi site dust to tbe an
novance of Daasetmers travelling in tbe comoanv'a cars.
And tliis.it. will be borne in mind was a ease between tbe
comi any and tbe owner of the tec, and r ot between the
company aud a mt re trespasser.
But the defendant contends that in the ease of s tunnel
the rigbt to the use of t he surface remains in tbe owner of
the tee. ana tbat lie may nse it lor agricultural, building
or other purposes not inconsistent with tbe use and enjoy
mentbyibe company of tbeir easement. It is not neces
Bury to decide this broad question, though, even if it were
a great deal could be said oa the other side. In Kamsden
vs. tbe Railway Company, 1 Kxch., 7-i;, it was held tbat
where a permanent tunnel was made through tbe land
without disturbing tne snrtace sou, it amounted to a
permanent using tf the laud, and undoubtedly in such
case the owner would be entitled to elaitn damages for
the use of the surface soil, for the reason, with others,
that tne comuany may cut luroiign ana use it.
Tbey would have the right to aink shafts throt sh
for tbs purposes or light ana ventilation. But in
tkiscase there is no tunnel, in the proper sense of the
term. Tbs company first made a deep cut. and then
arched over their track, and placed two or three feet of
soil over tbe crown of the arch. It is in effect a mere
covered way, and tbe building complained of rests nut
npon the surfaoeof the soil but upon the structure placed
there by the company. If the latter bad covered their
road with a wooden roof instead of tbs more permanent
brick arch, ess it be pretended that
any stranger, without color of a title
to tne land, couia saa anotner story to it ror nisown con
venience? If tbe principle ot ntended for here ba correct
it is difficult to See where it would stop, and tbe road of
tbe company might he bunt over its enure length by
merely leaving room enough for the passage of tha trains.
bucn a view is entirely inconsistent witn that ex
clusive control over their own road which, Jrom the
nature of things, s railroad company must possess.
But the very aot which the defendant has attempted
ia expressly prohibited by law. Section 11 of act of
loth of April, 1848 (Purdon, 815, plao. ba)
provides that "no person shall construct anv building,
wbarf , platform, switch, aideway, lateral railroad or crossing-place,
or make or apply any device whatever on the
ground set apart for, or belonging to, or forming part of,
or on tue uana. or excavation oi aay rauroaii aa aioresaia.
without pel mission gives nnder tbs authority or the
managers of the proper railroad company.
which permission shall only be Riven in writing
by s person duly authorized for that purpose; and
if any person shall commence or make any such construc
tion or device without such perms s on, or shall not con-
lor in to tbe direction ol tbe proper officer or agent in the
case, in the construction of such building, wbarf. nkt
form, switch, sideway, lateral railroad, crossing plaoe, or
device as aforesaid, such parson shall, for every such
off ense, forfeit snd pay a sum not exceeding ons hundred
dollars, and tbe orlfcer or aaeot having charge of such
railroad may, at ths expense of such person, remove or
aestioyeveiy sacs ousi ruction or device ss sioresaia."
This act received a Construction by our Supreme Court in
Downing va. Mcladden, 1 11. 834. in which it was held that
treDass would not ba against the others of a nilmia
company for tearing down the scaffolding of a person who
was attempting to build along tha line of tbs railroad, and
who was digging into the lands of the toad ia order to
get a lounusiiun.
I have not adverted ta the fuot ss to how far the bnild.
ing complained of niay injure th? road or endanger tbs
suloty of the arch. Nor ii it, perbaps, very material under
tbe view which we take of the law of this case. The dun
ger would depend somewhat uKn the strength of ths
arch. The company was not bound to build it a siiftuient
strength to support a church building with a congregation
therein, or to supiort any building wliatever. Aud, if
there is no danger now, what assurance have ws tbat it
ll. ay not endanger ithereattei? The foundations ot the
chapel may let in tks water in such way ss ultimately to
injure tbs mason work, or foundations of the
arch. from eucn contingency the company
has s rigbt to be protected. The
law holds these corporations to s strict account if human
me is lost upon ineir roaua. van inis continue to ue ins
case if the courts determine that they bave not the exclu.
sivssontrol over the land takeufor their roads. and tbat any
mere trespasser may at his pleasure erect churches or
other buildings over aud upon tbe crown of aa arch built
by the cempauy tor its own and the public's protection'
It we take f ram a railroad corporation ths exclusive nse
and control ot its roadway, ws shall be driven ot necessity
to a corresfiouaiug uiiHiiticsiion oi tne eirioi ruieswsicu
we aoDll to them when injuries result to Demons or nro-
petty Irom the acts or omissions of tbeir employes or
agents.
This injunction is continued until tbe further order of
tbe Oouit. Tbe erection of tbu building was continued
after notice snd bill blsd : and, I am informed, svea after
special injuuetiou granted. Tbe plaintitls, if tbev insist
upon it. are pel bain eotmea to a decree or abatement
under tne prayer lor gsceial relief. As tbe building was
only erected lor a temporary purpose, it is possible tbe
plaintiff a may bscont.nud with proper assurances of its
removal within a reasonable lines, but we will make
such decree as tbe plaintitls are entitled ts whenever
counsel pi spare ana submit ins same ia accordance wits
the rules ot tbe Oourt.
Thomas Hart, Jr.. and Jamci E. Gow.a, Esq., for
plsmtitt. bt inuei uuksin, r q,., tor aeienuant.
FROM NEWJERSEV.
Obituary.
New York, Dec. 31 The wife of Rev. Win.
Hague, u. D., died last evening at Orange,
IS. J.
James Read, merchant, of Boston, first gave
ueorge reabody credit lor goods.
VITAL STATISTICS.
The ItlortnMly of the City Purine the Year
ao tJeaBpRrrd witn Previous Venrs.
From Mr. George E. Chambers, the Reirlstrar
of Deaths, Births, and Marriages, we receive for
publication this afternoon a preliminary report
on the mortality of ths city during the year
The number of interments in the citr in each
month of the year 1870, compared with the
three previous years, was as follows:
Month. 1870. 1S69. 188. 1867.
January l87 1067 1S49 1B76
February 1348 inis 1063 ion
March 17t(8 1384 109 1091
April 1333 1163 13f7 m
Way 1635 1004 917 3860
June 1S72 1309 12(11 9M
July 1916 1710 1900 1798
AtlBtlBt 1S91 1684 lo70 1994
September. 1095 994 13o3 1012
Octotx-r 930 996 9.W 1177
Novnmoer 12v8 It 94 878 871
December 1044 1313 11B4 974
Total 18,730 14.7S6 14,693 13,933
In the following table is iriven the aerrreeale
mftnber of deaths in the city during the past ten
years:
lnr. J)rath. Year. Dtathn
1861 14,468 1866 16,803
1862 1697il867 13,933
13 16,788,1868 14,693
1864 17,52 1869 14.7S6
1SG5 17,169'1870 0,7ft0
The following table gives the number of deaths
in detail in each month during the year 1870:
Month. Aiiultt. Children alet Female Boy. Girls
January.... 679, 608 6f)0 637 811 897
February... 670 678 723 625 884 994
March 871 895 932 834 483 412
April 647 1 691 723 615 884 D07
May 829, 06 871 764 427 879
June 613 669 655 617 846 823
July 731 1 1185 1041 878 637 648
August.... 656, 1235 1 971 920 630 609
September. 521; 674 556 539 291 2H3
October.... 486; 444 602 428 253 191
November. 692 536 638 590 295 241
December.. 640, 604 625 M 262. 242
Total. 7925 8825 8787 7963 4703 4121
Of the aggregate number of deaths in the city
during tne year, mere were
Bom in the United States 12,684
Of foreign birth 8.27J
l'eopie or color l.osi
Unknown 893
Tbe number of deaths in each ward in the
city during the year, as compared with the pre
vious year, was as loiiows:
Wdrrf,
187(1.
1R70.
446
695
678
1182
1&9
1
6b5
786
422
732
6S6
864
896
440
321
478
859
336
369
402
1050
650 16
671 17
445 18
623 19
il
5.')5
2
3
4
6.
6.
T
8.
0
640
1102
472 20 1114
960
260 21
782 22
410 23
310 24
387 25.
891 26.
322 27
845 28
80 j
667! Total....
230
420
SS9
573
233
877
327
465
886
729
10
11
12
866
878
837
256
2ii5
125
13. ..
14
15,
.15,540 13,796
At the Almshouse.
... 699 il
From the country. 611
669
Grand total 10,760 14,786
EXTENSION OF THE CITT.
TlieProaress of BulldlnsT Improvements Unr-
idk me i eur 7U.
In the following table is given the number of per
mits for the erection of new buildings Issued by the
Building Inspectors duriog each month of the year
18T0:
Dwelling-home.
33
Months.
5
Jti
.S -O .5 o vs e
o 3
142l
16S
81T
505
508
January
.. 43
..I 73
20 179
8, 217
.. 1S9
22 831
99
95!
112!
28i
319
838
829 1
33
37
65
89
84
62
65
65
70
175
8 6
872
69 1
592
February
March
April
May
June
July
45
526
612
873
884
390
813
5(1
681
10 187
AllgUBl
September
October
8
149
142
174
112
74
861
831
210
277
139
667
443
470
445
86
65
39
November
December.
252
Totals. I 63 1 1770 1 2094 '4527 1 1 710 52)7
In the following table la given a comparison be
tween the number or permits issued during each
month of the years 1870 and 1869, tho number of
permits ror additions and alterations being added:
Dwell
ings. All
Others.
Addi'im
Totals. dcAlt'ns
Months.
1670,1869 ,1870 1869
1870 1869 1870(1869
1 1 ,
Jan
142
168
817
606
608
489
626
612
873
884
890
213
99
842
441
665
652
643
621
857
469
429
810
160,
33
87
66.
89,
84
14
89'
73
63 1
94'
175, 113!
805 881'
872 514
694. 728!
692 746;
641 696!
6811 566i
667! 417
443! 617
470 483
4151 851
852 1 191
6237 5503
60
5
11
144
135
131
88
Feb
March
April
Msy
77
128
164
140
112
100
119
93
117
June
621 63
65' 45 1
65 601
70 681
July
116
110
119
90
82
8
August....
September
October....
66 1
65
39,
6
41
31 1
November.
December.
69
85
Totals... '4627 4878
710 025 1
1218 1162
The Proaress of Oalldlaar Improvements Sine
instj.
The following table shows the number of dwell
ings for the erection of which permits wre issued
in eacn year since loco;
v Four Thru Two One Total So. 0
1 ' ' ' Story. Storp. Story. Story. Dwellings.
18&6 86 1323 874 7 1633
1557 63 937 306 4 1305
1558 52 645 845 5 1S47
1S69 4 1134 472 1657
1860 88 1406 711 8 2148
1861 85 928 654 SO 1535
1862 49 122s 66 68 8154
1863 28 1 286 1088 60 8 465
1864 27 653 445 41 1166
18C5 88 728 818 34 1418
1866 17 1169 730 7 1913
1867 19 1928 1169 .. 8111
1868 71 8358 1663 .. 4092
lhG9 88 2591 8199 .. 4878
1870 63 1770 2694 4527
The number of buildings of different kinds for
which permits were issued during the same period
is shown in tea following taoie:
nAddi-
Years Duell
ings. 856.. 1638:
1867.. 1305 '
1658.. 1347
1669.. 1657
1660.. 2148.
1861.. 1535
1862.. 2154
1863.. 2462,
1&64.. 1163
1866.. 1413,
1806.. 1013,
li-67.. 3111
1668.. 412
1869.. 4878
1870.. 4627
a Fac- toun- All
torit4 drit. others
Tvtal tiom,
etc.
610
650
498
670
68
204
191
255
638
746
730
1267
1200
1182
1211
riiKSKi-PTt v Oaska The following cases will be
heard iu the District Uourt of the United Htates, on
the ban run try calendar, on Wednesday, Jan. 4,
1810: James L. Green, for cause; Isaac Llufs, for
cause; Kinswaager, ttennrun iuemoi, ror cause:
Arnold. isusiisuBl isiruiiuger, ior cause: siiciiaei
liirshberger, for cause; Ambrose MacMahoa, for
cuuee; Htevtns k Smith, for cause; T. R. Glenn fc.
Co.. sur injunction; Aioerv 11. ituoeri, ior cause:
t n, ....... .k I. nm 1 , , . L" 1 1 , , . W ur
for cause; Elijah W.
lltMjrgV 11. ICflvuv W MAl IWI l.U uujau If,
Zelgier, for discharge; John B. Cook, for discharge;
Sauiuef O. Bcrtolet, for discharge.
Firk Commissioners. The Hepubllcan members
or Common councu in caucus tnis afternoon nomi
nated for Fire Commissioners William Porter, II. K.
Lawrence, John U. Duller, and William F. .McU'iUj
118 29; 4. 242 926
91 22, 6 234! 1657
80 MO1 1, 213! 1671
65, 4T, 6 291 2055
43 81 1: 849 2472
18 t .... Ill i 1673
4:1 87; 4! 173 2410
84 67' 6 2S3 8795
83 82' 111 818 1590
48! t4 8 4'i6 2023
91 68! 9 470! 2571
120 68 682! 8877
1101 84 61 60 4792
115 1 30 6 1 474 1 6503
64 68 ' 649 6237
FOURTH EDITION
Important Treasury Statement.
Discharges of Army Officers.
Ways oi tlio West.
St. Louis Fire Becord.
Terrible Outrage at Sea
Coolies BTurder a Ship's Crew
FROM WASHINGTON.
The Now Year's Reception.
Bpreial Desvalck to The Jftonfnj Telegraph.
Washington , Dec. 81. Upon reflection the Prcsl
dene greatly regrets the abandonment of the New
xears reception, as it nrings disappointment to so'
many persons, especially members of the diplomatic
corps. It is proper to state that It was done without
tbe consent of Secretary Belknap or any other mem
ber of the Cabinet.
The Three per Coat. Certificates.
The Secretary of the Treasury having been an
nealed to by the Western interest against keening
so largo a, balance sheet of currency and gold oa
nana, ne siaiea 10-a ay 10 several leading nnanciai
men from tbe Northwest and other sections that he
would be required nnder the law of Congress to re
deem the three per cent, certificates as fast as the
currency waa paid out under the applications of the
national Danas ior circulating notes, as authorized
Dy in act passed at tne last session, 'i n amount
already issued up to December 1 was four millions.
two millions more are asked ror in the month of
December.
Applications foP New Bank.
The Comptroller of the Currency says that there
are applications for new banks to the extent of
thirty 111 11 Mod s from various localities. He estimates
that at least fifteen millions of this will be taken up
for banking purposes within next year, and that the
Secretary will have to provide for the redemption
of a similar amount of three per cents.
Gold and Currency.
The amount of gold and currency on hand January
1st, 1S6P, was twenty millions bt gold and about
eight millions of currency. At the present time the
amount on nana is eighty minions or gold ana
twenty-four millions of currency.
The January Interest,
which Is thirty-two millions, will reduce the gold
balance to forty-eight millions. In addition, there
are ten millions for interest not yet drawn out, but
liable to be called for at any time. The Secretary
cannor, tnereiore, wiin safety make any change in
his programme, unless to make the sales and pur
chases less than they are now.
Tne last case 01
Defaulting Navy Paymaster
has been closed, and the findings of the Court in
most cases are very severe. The papers arc all
before the Secretary of the Navy, and he will give
them careful consideration, as In many cases the
court-martial decision will send many of them to
the Penitentiary.
Army Officer Discharged.
Despatch to the Associated Press.
Washington. Dec. 81. The following army offi
cers have been honorably discharged:
captains w. h. pticnoaemus. Charles N.urave.
Homer J. Ripley, James T. Grimes, George W.
Higby, and Nelson Thompson, nnaHBlgned ; Charles
J. Wilson. 14th Infantry; Henry K. Brownson. 25th
Infantry; A. C. Kistler. 23d Infantry, and James W.
Long, 26th Infantry.
The following First Lieutenants have been honor
ably discharged: Edward T. Budget, 13th Infantry:
John Hunter, unasstgned ; Charles Banzehof, 10! 11
cavairy; weiaon uuiune, 23U iniautry; jonn w.
Johnson, 17th Cavalry.
second Lieutenants li. w. lirady, 6th Cavalry, and
Orlando L. Wletlng, 3d Cavalry, have resigned.
First Lieutenant Albion iiaroe, 4tn Artillery. 19 re
lieved from duty as Ordnance Officer in the Artillery
senooi at Fortress monroe ana eruarea to join his
company in tne Department 01 tne niasu
Currency Report.
Keccipts of fractional currency during the week.
f445,600. Shipments Notes, 11,867,000; fractional
currency, 7eo,ooo. Tne Treasurer neids as security
for national bask circulation, 1346,288,700, and for
deposits of public money, 115.819,600. Mutilated
currency burned during the week, $241,870. Total
amount burned, 3S,662,438. Bank currency Issued
for bills destroyed, f 249,620. Total amount Issued
tnereior, laa.ose.eio. circulation outstanding at
this date, 304,966,B49.
Keceipis or internal revenue ior tne monin ena-
lng to-day, 19,610,175 aa against 1 11,719,643 for De-
cem ner. 1869. Keceipta ror tne nscai year to a ate.
13,113,820; fractional currency redeemed and da
stroyed during tbe week, f 477,100.
FROM THE WEST.
ft. Louis Fire Record.
St. Louis, Dec. 31. The number of fires in
this city during the past yeac was 05. Lo9Sr
777,08g; Insurance, f6Gl,162; loss above in
surance, tll5,ftJ0. Four firemen were injured
while on duty and eleven lives were lost by fire
explosions.
A Woman Hans llerselfi
Mrs. Christiana Koppa, a German woman,
whose husband recently died, hung herself to
her bed-poet on Thursday night.
Heal Estate Transfer.
Cincinnati, Dec. 31 Real estate transac
tions during the present year in this county
amount to eleven million and three-quarters.
Boat BaHdlnc la liaolonall.
There have been built here during the year
28 steam vessels, 11,653 tonnage; 15 barges,
8113 tonnage; and 0 canal-boats, 406 tonnage.
A number of boats now building are not in
cluded. FROM NEW YORK.
Murder of a French Crew by Coolie.
Nsw York, Dec. 81. All the oitlcers and tha
entire crew, except sis, of the French bark Nouveile
I'eneiope, from Macao ior uaiiao, with a cargo or
coolies, were murdered on October 10 by tbe coolies,
who arose tn tnase and completely overpowered ail
resistance. The vessel was then about 160 miles
south of the Ladrsne Islands, and was navigated
Into the harbor of Tlrpock by the survivois of th
crew.
Philadelphia Trade lleport
Saturday, Deo, 81. Bark In tbe absence fo
sales we qnote No. 1 Quercitron at f 25 30 $ ton.
Seeds Cloverseed comes forward slowly, ami is in
steady demand, with sales at llc. V pound.
Timothy Is nominal at $5-60 and Flaxseed at
810.
There Is less activity In the Flour market, but
prices are well sustained. About 1400 barrels
change! bands, including superfine at 14 75; extras
at 47'(So lV; Iowa, Wisconsin, and Minnesota
extra family at 66-75; Pennsylvania do. do. at
1636-60; Indiana and Ohio do. do. at 16-25 for low
trade up te to-i5tt7-v iur k" ui iaucjr ; sua bu
ruis do. do. at l mi8. Rye Flour may be quoted
at $.vi2Xg5-25. In Corn Meal nothing doing.
There is less firmness in the Wheat market, and
very llttfe demand, except for prime lou, which are
in small supply, bales of 6000 bushels Indiana red,
part at Sl-44t31-49 and part on private terms, and
1500 banhels Ohio amber at $l-47l'i0. Rye may
be quoted at km$90c. for Pennsylvania and West
ern and 7Sio,6oc. for (Southern. Cora Is ta fair
demand at the recent advance ; sales of lOoo bushels
yellow at 7 sc. and 2000 bnsheis Western high.
inixl at 76c. Oats are unchanged; sales of 20uO
bushels Pennsylvania and Western at 6.ru:.
Whisky is scarce, and holders ask 95;. ior West
ern lron-bociid.