GIBSON PEACOCK. Editor. VOLUME XIX. EVENING BULLETIN. PUBLISHED EVERY EVEN.kNa, (Sundays excepted) at , •No. 329 Chestnut Street, PhilaAelphia. Ml= "Evening Bulletin Association." 111.0PRrETORS. GIBSON PEACOCK,j CASPER SOI7DER, F. L. FETHERSTON ERNEST C. WALLACE J THOMAS J. WILLIAMSON. The BULLETIN is served to subscribers in the city at 18 penis per week, payable to the carriers, or 88 00 per annum. MARRIED. BURROUGHS—BIRCH—On the 16th/ inst, by the 'Rev- J. A. Meilean, Mr. Chas. 0. Burroughs, of .New Jersey, to Miss Reb ecca B'rch. of this city. • REYA OLDS—BRCHTE.L—On the morning of th 14th, at the residence of the bride's mother, by th Bev. Samuel Irwin, Wftiimn F. Reynolds to Mis ary M Bechtel. No cards. Berks and Chester pa Tars please copy, DIED. AARONSON—On the morning of the 13th instant, o 'scarlet fever, Army T., daughter of Chas. B. and Sallie A. Aaronson, in the 6th year of her age. The relatives and friends are respectfully invited -to attend the funeral on Seventh day afternoolt, at 1 o'clock, from the residence of her father, North least corner of Sixteenth and Wallace streets. DIXON—On the morning of Fourth day, 14th inst. - Henry T. Dixon, aged 41 years. • The 'relatives and friends of the family are in vited to attend his funeral from the residence of hi 4 brother, F.M. Dixon, No. 827 Arch street, on Seventh -clay morning, at 10 o'clock. • RICHARDS—At - Mount Airy, on Thursday morn;3llg, 15th Feb„ Frances H., widow of the late Mark _Diehards, and daughter of the late Capt. Thos. Hunt. of Hunt's Point, N. Y. The relatives and friends of the family are Invited to attend the burial services at St. Luke's Church, South Thirteenth steeets, on Saturday, 17th instant, -st 1 o'clock. P. M. • STOHVER—Annie M., wife of Wm. H. Stoever. Her relatives and friends are invited to attend her funeral from the resicence of her husband, corner of Main and Mehl streets, Germantown, on Monday ,stfternoon, at 3 o'clock. ••• IaTHITE MOREENS FOR SKIRTS. Green Watered Moreens. 8.4 and 5-1 Green Baize, White Cloth for Sacks. White Evening Silks. EYRE & LANDELL, Fourth and Arch SPECIAL NOTICES. UNION STATE CONVENTION. A Stated Convention will be held in the Hall of the House of Representatives, in Harrisburg, Pa., on WEDNESDAY, THE SEVENTH DAY OF MARCH, A. D. 1866, .at 12 o'clock, M., for the purpose of nomi nating a candidate for Governor, to be sup ported by the friends of the Union. The ordeal of war has tried the strength 4sf our Government. Its fire has purified the nation. The defeitcs of the nation's life 11as demonstrated who were its friends. The principles vindicated in the field must be - preserved in the councils of the nation. The arch-enemy of freedom must be struck once more. All the friends of our Government and all AN, NO were loyal to the cause of the Union in our late struggle are earnestly re quested to unite in sending delegates to represent them in said Convention. By order of the Union State Central Com rnittee. JOHN CESSNA, Chairman. GEO. W. Er-minumasixt Secretaries. A. W. BENEDICT, 'IBEZTO THE FRIENDS OF THE SABBATH,— Tha first of a series of SABBATH EVENING ICES, will be held on SABBATH EVENING as,'EXT. at Rev. Dr. Adams's Church, BROAD and GREEN streets. Several addresses by prominent Lay men and clergymen. HOWARD HOSPITAL. Res. ISIS end ISiits Lombard street, Dispensary Department. Med i, treatment and medicines furnished gratuitously Sixths peer. sea RREVEREND HENRY WARD BEECHER AT CONCERT HALL—This distinguished e and popular lecturer will deliver a lee-tare at 'Vie above Hall on WednesdaY evening, February 21st. .places for the sale of tickets will be announced in a few days. fell-if AGENTS WANTED—To sell the Improved I.U b Elliptic Sewing Machine. Nor e but men of capital aad business enterprise need apply, and to such liberal terms will be offered. Apply to A. H. SIIPLEE, No. 537 Broadway, N. Y. fal7-fmam3t rrD GRuVER'S GBASD GERMAN OPERA COMPANY will commence a brief season at C. Al • OF k Id . ONDAY; ten. 26, 1866, with Several Important Ad• •ditions to the Company, Chorus, Orchestra, and Re aiertoire. FaU announcements will appear in the journals of 'Saturday evening, Sunday,and Monday morning. The .Season sale will commence Monday morning next. 01 , F10E OF THE irGBERT OH, COMPANY, No. 147 South FOL'ItTEE street, PECILADELPHIA, 1716 .- ruary 15th, 1866. , The Directors have this day declared a Dividend of 'TWO PER CENT. on the Capital Stock of the Comps- By, payable on and after THCRSDAY, February 22d. 'Transfer Books closed on Friday, February 16th, at 3 o'clock, P. M., and opened Friday, Februry 23d. WILLIAM IL CARTER. Secretary and Treasurer OFFICE OF Tli.e McRAE AND CffERRY RUN OIL COMPANY, Southeast corner of I "." ffird and Chestnut streets, PHILADELPHIA, February 16 1866. Notice is hereby given to all delinquent Stockholders that unless the assessment of ten cents per share made by this Company, shall be paid on or before 12 .o'clock noon, Monday, Mach 12. th, 1866, so much of the stock of said delinquents as will be required to pay said assessment and necessary expenses as provided by law, will At that time be sold at the office of the Company at Public Auction. By order of the Board of Directors, te stmla% M. BUZBY, Treasurer. 110 OFFICE OF T.el-e. T.T 1 :147(311. COAL AND NAVIGATION COMPANY, PHILADELPH/A, December 21st, 1865. LOAN FOB SAME. IN SUMS TO SUIT PURCHASERS. The Loan of this Company, due April Ist, 1814, lute .rest payable qtiarterly, at the rate of six per cent, per Atnnam. This Loan is secured by a mortgage on all the Corn . any's Coal Lands, Canals, and Slackwater Navigation an the Lehigh river,and all their Railroads,constructed rand to be constructed, between Mauch Chunk and Wilkesbarre, and branch roads connected therewith, ;and the franchise of the Compaxy relating thereto. Apply to SOLOMON sigvrtlLEßD, Treasurer, de2l-rptil 122 South Second street fir. THE FINANCE COMMITTEE OF THE , WO ~ AN'S CENTRAL BRANCH OF THE NSYLVA.NIA. FREEDMEN'S RELIEF AS. ;SOCIATA ON desire to acknowledge the following receipts for the month of January, 1836. Freedmen's Aidociety,Salem,N. J <Collections by Rev. W. Formosa . Mrs. wrollv L. Fry "Through IS. P. Portland, Honesdale, Pa 'Through Mrs. John W. Forney, Mr. H. F. • Stebben%N. Y "Mrs:Jos. IT rnson, Jr Mrs. John P. Crozier .Mrs. Wm. L. Bucknelt Through gm. John 1?. Frazer, Mr. John Asa• h0i5t......_...-- ...- 100 00 ' Miss Ithp-ads -: 50 00 11r. Geo B. Wood 50 00 _Mr Samuel Bettie 50 00 _Freedmen's Aid Society, Downingtown, Pa 55 00 'Through B. P. Russel dr, Co., Towanda, Pa.— ..... 35 00 .Mr. G. A. Nichols ' 20 00 Ladies' Aid Society, Lockhaven, Pa 15 00 * Sirs. Charles Hartshorne, 10 50 Mrs. John K. Goldsborougn, g 00 _Mrs. Farah Baker, - 5 00 Mrs. Harriet B. Tatman, 5 00 'Colored S. S. Class, at Church of Holy Trinity, : sOs MI". Overton. Tonawanda, Pa 3 25 .A. Poor Germaa,...- ' 25 *Collections from various Churches, '213 •53 $2 . 027 03 33eibre aCknowlapd. 13,778 80 MARY ROSE SO UTH, chairman. ELIZA BRRADY, Treasurer.. - P. S. The Supply Department have received from 'Williamsport, Ye., $l,OOO (one thousand dollars), but as there Is still promise of a larger sum,, it. Will be _acknowledged when complete. - - it 11—AIIMORY— _ 810 MAREET STREET, PB:rEADET.,- plias, February 16th, 1886._ '' A meeting of the Members of Co., A and 0 Grey !Reserves," will be held at the Armory this . (FRI _PAY) evening at 8 o'clock, to make arrangements for the Parade on Washiniton's Birthday.,The mem bers of other companies of the Regiment ire particu larly Invited. - W. D. HASTINGS, /Le . Secretary. . • ---NO. 260. U" THE SEASON AND THE POOR. UNION BENEVOLENT ASSOCIATION. • For thirty-four years this society has been going in and out amongst the citizens of Philadelphia! giving and receiving their alms. and it has never ap pealed for aid in vain. At the present crisis it needs all it can obtain to enable it to carry on its work• With a hundred lady visitors distributed over the entire city, it reaches nearly every fami y, and the experience of the visitors enable them to discriminate between the worthy and the unworthy. The principle of the Society is to distribute favors with a cautious hand,being convinced by long experience that this is the only true plan elf right charity. Numberless or ganizations have risen and fallen upon a different principle since its foundation, and numberless others will rise ann fall whenever they fat, to recognize this principle. Indiscriminate aims-giving is the foster-father of pauperism, and is will eventuate in filling any community with beggar There are myriads of poor who now labor willingly for a living that would not do so if encour aged in idleness by a mistaken philanthropy, and there are myriad s who no LIVE without labor upon the gains of their chil dren, sent through the streets to beg. At the same time there is and always will be a very great deal of rea suffering, which it is the bounden duty of the good to seek out and relieve. These are principally women and children, not often men, whom women can best minister K At this crisis many of these are families of !Recharged soldiers, who would suffer and die in their garrets and cellars unknown to the great public, but for the efforts of our benevolent women, who thread the byways and alleys of the city, to seek out and relieve them The number of visits made by our visitors last year was 17,166, number of families relieved, 7,750, number of sick cared for, 1,090, number of persons found em ployment, 817; amount of cash distributed, f 3,684; number of tons of coal given out, 1,740: number of garments, 8,100; number of stoves loaned, 350, and 30 women were found constant employment. In all this visiting there have been, of course, numerous instances of intense hardship brought to light, which, If related, would appeal to every charitable heart; but It has never been the practice of the society to obtrude harrowing cases of suffering before the public to excite sympathy. It has relied rather upon the intelligent judgment of the public to sustain its steady work. ita respectable Board of Managers is a guarantee of re sponsibility, and they all now urge upon the public no tice the wants of the poor at the close of the season. Messrs. COOPER and EVANS, the authorized col lectors, will immediately make their final call for the year. Money may also be left with k DHUN D WIL COX, Treasurer, 404 Chestnut street, or with JOHN HICKS, Agent, at the Office of the Society, corner of Sansom and Seventh streets. I[SAMIIEL H. PERKINS, President. Jom; H. ATWOOD, Secretary. fel.2-m,w,fst Ui STOCILHOLDERS' lIEETINO.—"Ibere will be a meeting of the Stockholders of the Mc- CiAPPPOCKV.Tr.T.iz PETROLEUM OIL COMPA.N Y held on FRIDAY, the 2.3 d of February. Ms, at the Board of Trade Rooms, No. 595 CIII3:STNUT street, at 12 o'clock, Noon, of said day, to hear the ',sport of the Oommittee appointed by [the Stockholders at their meeting In October last. A. V. PARSONS, fe1e,19,21.2.21 , Chairman. PROPER ,PRECAIITICiNAIIY MEASURES.— If the cholera comes to this country, every family should have a box of Schenck'a Mandrake Pills on hand. They keep the stomach and liver healthy quicker and far better than blue pill. They contain no calomel, but unlock the gall bladder, keep ing healthy bile flowing and the stomach free from mucus. This is all that is re quired to enjoy good health, and by taking one pill occasionally will keep the stomach clean and clear. In almost every complaint we have, the stomach is in fault; if we feel faint or sick at the stomach, sometimes a little mint or stimulant will relieve it, show in g that the cause is in the stomach;sick head, poor appetite,. coated tongue, bad breath, nervous feelings, low spirits and many similar complaints do yield to a few doses of Schenck's Mandrake Pills. Now if the cholera comes here, eat good healthy food and as much asthe system requires; do not diet or get frightened; the mind has a great deal to do with the stomach; eat hearty and physic gently with Schenck's Mandrake Pills, and fear no danger. The first sym tom of cholera is purging or vomiting, or both, and shows the stomach is in fault. Stimulants and malt liquors should be avoided altogether at such times, or any thing that will create mucus in the stomach. In 1832 habitual drinkers and nervous frightened persons, that were afraid to eat enough to sustain nature, were the first victims of cholera. Of all the great inventions of the last contury, Schenck's Mandrake Pills should be at the head, They take the place of 'colo mel, something which the most learned of the faculty have endeavored for years to ac complish, but have failed. The injurious effect of calomelis its not being thoroughly carried out of the system before it settles in the bones and thereby causing so many alarming chronic diseases, that the public and even the faculty have become disgusted with it, and for many years it has been by them partially abandoned, yet when pro perly used its effects -are wonderful. In olden times when a person was taken sick, they would send for tip doctor, he would give a dose of calomel and jalap, it would carry off all the morbid Matter in the stomach,: and the next day the patient would - be well. Now-a-days be tween gentle allopathy and homceo pathy, pneumonia diphtheria, ty phoid and many other new diseases have sprung up, and all are caused by a disor dered stomach; even diarrhea is caused by stale bile. Physic it off with Schenck's Mandrake Pills and it is gone. You will recollect the first years of the war every hospital and public building in the city was filled with sick soldiers; two-thirds had chronic diarrhea. The Surgeons found it would not do to give them blue pills and have them laying on the ground and taking cold, and it was abandoned, and Schenck's Mandrake Pills substituted. Nearly every soldier had a box of the pills in his pocket, he was his own doctor, and many thousands were able to do duty that had it not been for the timely • use of these pills would have been subjects for the hospitals. Sal:muck's Mandrake Pills cost 25 cents a box, with full directions. As soon as they get the stomach and liver to act healthy they, can be discontinued and nature will go on. without leaving the patient constipated. MAIL APPROPRIATIONS.—Among the. items in the Post Office appropriation bill reported yesterday, are $150,000 for steam ship service to Brazil; for such service be tween San -Francisco, Japan and China; $250,000;f0r overland transportation between Atslusin and Folsom t and for marine trans portation to California, $900,000. The bill also authorizes the Postmaster General to employ sailing vessels for mail transporta tion to any foreign 'ports, paying compensa tion not exceeding the'sea postage accruing on the mails so conveyed. MEXICAN Nsws.—Mr.Romeo has received official news from El Paso, the residence of the Mexican Government up to Jan. 20th. The French have made no further attempt to move on El Paso, and the Mexican army was about taking the initiative against the city of Chihuahua, occupied by the French forces. The published protest of Gren. Orte ga is not regarded as'authentic, ' SPECIAL NOTII3O. PHILADELPHIA, FRIDAY., FEBRUARY 16, 1866. THE CITY COMMISSIONER'S CASE. Mr. Given's Answer Sustained---The Motion to Quas'h Overruled--- Testimony to be Offered by Mr. Given--- Opinion by the Court. This morning, in the Common Pleas, Judge Allison delivered an opinion on the motion made by Mr. Weaver's counsel to quash the answer filed by Mr. Given. 'The opinion is concurred in by Judges Ludlow and Peirce, and is as follows : In the Matter of the Contested Election of City Commissioner. This is a motion to quash the answer of the incumbent, John Given, and the cause assigned in support of the motion, so far as it relates to specifications from the first to the : eightli, inclusive, rests upon a charge of indefiniteness, and uncertainty, as to each of said.specifications. But this charge can not be sustained, if the previous decisions of this Court, and the precedents established thereby, are to be regarded as of authority, upon a 'question of this character. These hpecifications are,to a great extent, identical in form with the specification contained in the complaint and petition of the contestant in the case of Mann and Cassiday, which .he Court refused to strike from the petition, holding that all that can be required is, that the allegations to be proved shall be ,tated in an intelligible manner, and with due precision; and that the facts set up as We ground for contest, if sustained by proof, would show ',that there had been an undue election and a false return. In the first specification the precise state ment is made that three hundred and six teen votes were taken and counted for David P. Weaver in the seventh division of the Third Ward, whereas, in truth and in fact, threehundred and six votes only were received for him for said office of City Com missioner, in said division. And in each of the following specifications, from the second to the eighth inclusive, it is in so many words stated that a given number of votes were taken and counted, in each of the election divisions named, for David P. Weaver, which votes were received by the several election officers, from persons none of whom were qualified electors. This, we think, meets the requirements of the law, id is a sufficiently precise statement of facts material to the issue, namely, the re ception and count for David P. Weaver of a definite number of illegal votes which, if proved at a given election precinct to be illegal, would have to be deducted from the whole number which he is returned as having received at said election. It is objected that the reasons upon which the charge of illegality of the votes received is based are not particularized, nor are the names of the illegal voters mentioned. But of what account is it, if a vote has been re ceived which, ought to have been rejected, whether the voter was disqualified by rea son of non-payment of tax, or because of non-age, or want of naturalization, or in default in making the necessary proof of residence? It is the fact that a person not a qualified elector, is permitted to cast his vote which is of importance to be proved, and the disqualificatibn is as well estab lished by showing one ground of illegality as another. And in Kneass's case the Court decided that the list of names appended to the specification was unnee.essary,regarding it only as proof. And this was afterwards ,e-affirmed in the opinion of Judge Thomp son, in Mann's case, on the motion to quash. Nor do we agree with the suggestion, made at the argument, that a different rule should be applied to the answer of an in cumbent from that which has been held to govern the petition of the contestants. The -ame degree of liberality should be ex tended to one party which is allowed to the other; for although it is true that the incum uent, who is called 0n..t0 reply to the case u.ade out against him by the evidence of 1.13,4 . petitioners, has usually full time in which to prepare his answer, yet the privi lege of amendment, which is so freely granted to the contestant, permits him to remedy any detect in his complaint which may have crept into it by reason of the limited time allowed for filing the petition. The ninth, tenth, eleventh and twelfth Qpecifications, which are somewhat ex tended, when examined, ase found to con tain the following distinct grounds of ob jection to the election, as conducted in the Sixth, Seventh aud Eighth Election Divi sions of the Fourth Ward, and the Fourth Election Division of the Twenty-fifth Ward and upon which, if proved, we are asked to strike the whole number of votes polled in said precinct from the general return. First.—A general disregard of what has been termed the directory provisions of the election law. Second.—A charge of fraudulent combi nation, by the majority of the voters in said election divisions,to deprive the minority of the right to have an Inspector at the elec tion, representing their political views, con trary to the intention and spirit of the act of Assembly. Third.—A precise anlegation that not less than two hundred illegal votes in each bf said divisions :were received and counted for David P. Weaver, and that in the sixth, seventh and eighth precincts of the Fourth Ward, the return Inspector fraudulently re turned a less number of votes as having been cast for John Given, for City Commis sioner, than were in truth and in fact polled for him, to the aggregate number of thirty seven and upwards. It would be a useless consumption of time to go into an extended examination and discussion of the causes of complaint which fall within the first classification. For if one rule has been establisiaed more firmly than any other, by repeated and, a consistent course of decision by this Court, in relation to an investigation of an undiie election, or a false return, it is,lhat the careless, or. ignorant, or even the wilful neglect, of the directory requirements of the election law, cannot operate to nullify the election. In Boileau's case, Carpentees case, Skerrett's case, Kneass's case, and the opinion of the Court on the motion to quash in Mann's case, and the later case of Thompson and Ewing,the course of decision is uniform and consistent, holding that the Courts are required to look into the goOd faith and integrity of an election, rather than to the manner in which it was con ducted; and that the expression of the popu lar will is not to be defeated because of an omission to comply with the formal, though doubtless Important requiremenfs of the law, which were intended as checks and guards ; thrown around the conducting of an election, with the view to maintain its purity and regularity. InKneass's case, oun WHOLE COUNTRY. 2 Parsons 557, the court say, We do unhesi tatingly rule that all irrelevant or general allegations and specifications which do not affect the merits of , the case, or the general result, will be stricken from the petition. But it is also as clearly and firmly settled as an established principle, that where such neglect of formal, and in themselves con idered, immaterial duties, in so far as they affect the merits of the question is coupled with the charge of wilful and deliberate fraud; of such gross misconduct on the part of the election officers, as interferes with and prevents a free election being held, and of the wilful and persistent neglect to per form the essential duties which the law re quires them to perform, which are in no proper sense directory merely, but which go to the heart of the question of an undue election and a false return; that the Court will allow such allegations to stand and in a proper case, and in due time, will go into an investigation of such charges, because they affect the merits, and are of material importance upon the issue of fraud. The distinction between duties im posed by the law on election officers, which are properly characterized as directory duties, and those which are essential, and are of the substance of a valid election, is a plain and obvious distinction, which has bat too oft en been confounded or overlooked. 'The election law directs that after the qualification of an elector who offers to vote has been passed on by the officers of the election, and they have decided to receive, his vote, the letter "V." shall be marked opposite his name on the assessment list; so also they are directed to mark whether a voter was sworn or affirmed, or produced a certificate of naturalization, or other evidence of naturalization. And also, to mark " tax " or " age " on the list. But what comparison do these requirements of the law bear to the refusal to take proof of evidence, or proof of the fact as to whether a voter removed within the district for the mere purpose of voting therein, or to a charge of an entire disregard of challenge on the part of an elector, or the reception of votes of individuals who falsely personated persons who were dead, and whose names were on the lists of voters; or refused to re quire proof of naturalization ; or permitting the same person to vote several times at the same election, and other charges like in character to these. To contest these several acts, is of itself to point out the real differ ence which exist between them. In Mann's case, specifications containing charges of this nature were stricken from the petition, but in the final opinion of the Court, Judge Thompson, says "a portion of the original petition, which was designed to embrace the fraudulent conduct of election officers, was, as we now think, improvi dently stricken out. That such conduct is and ought to be a subject of consideration, as connected with the investigation of elec tion frauds; and the allegation of such frauds, insufficiently expressed in the peti tion, should rather have been amended, than erased." And, again, it is said "had we not erased from the petition, the specill tions alleging gross fraud and irregularity on the part of the election officers, in the divisions referred to, a diftereiat course would certainly have been adopted. The entire proceedings are so tarnished by the- fraudulent 'conduct Of the officers charged with the performance of the most solemn= and responsible duties, that we would not only have felt abundantly justi fied, but It would have been our plain duty lo throw out the return of every division to which we have referred." Having sat with Judge Thompson all through the pro tracted bearing of that case, and joined him in making up the judgment of the ourt as pronounced by him, I then entirely agreed with the' views as expressed in the foregoing quo tations, and have never seen any reason to mill in question their general correctness. •in Living's case they were subsequently recognized and acted on as the law of the court, receiving the fullest examination and consideration by Judges Thompson and Ludlow, by whom that case was heard and decided. The correctness of the principles as thus sei tied has not been in any degree shaken, by that which has been urged in support of we motion to quash the answer 01 the in cumbent, and we therefore refuse to strike out from the petition that portion of it which embraces charges of irregularities and neglect, connected with assertion of misconduct and fraud on the part of the election officers. But these allegations, contained in ninth, tenth, eleventh and twelfth specifications, :ire connected with the precise charge, that in each of ,two of the precincts referred to, two hundred and upwards, and that in ach of the other two precincts, three hun dred and upwards of illegal voters were taken and counted for David P. Weaver, and that in the first three of the four divisions now under consideration, John Given is re turned as having received thirty-seven votes and upwards less than were actually polled for him, and these distinct allega tions of fraud in the reception by the elec tion officers of said divisions,of one thousand illegal votes, and a false return of thirty seven votes, which were actually polled for John Given, and with which he was not credited, constitute, in the order of proof, the matters which ought first to claim our attention in the investigation upon which the incumbent has invited us to enter, by the facts set up in his answer. We have already said, that in a proper case, and in due time, the Court will allow the parties charging misconduct, fraud and neglect of formal duties by election officers to be inquired into, where, as in the answer put in, m this case, such allegations are with precision, and in their proper connec tion, pleaded. This order of proof must, however, be regulated by the Court which is to hear and determine the controversy; and they must also decide whether the case, either at inception, or during a subse quent stage of its progress, is such a case as would require them to go into proof of irregularities and misconduct merely, of election officers. And this question must be met, in each election contest., as it is brought up for in vestigation and decision. This brings us to a consideration of this cause as it now stands before the court. The Return Judges upon an enumeration of votes contained in all the returns presented to them, upon an aggregate poll of 87,156 votes, reported, that John Given had a majority of 322. In this enumeration was included that which pur ported to be the army vote of the 19th Penn sylvania cavalry, 58th Pennsylvania volun teers, and of the 2d Pennsylvania Heavy artillery, amounting together to 929 votes. In the complaint of the contestants, it is charged that this vote is wholly fraudulent; and that it ought to be deducted from the 43,739 which the incumbent is found by the Return 'judge to have had polled for him: which would reduce his vote to 42,810, and this would elect David P. Weaver by a majority of 607 'votes. The evidence taken in support of the alle gations of fraud, as to the army vote, es tablishes beyoud question or doubt, that this vote is wholly and most grossly fraud ulent. That no portion of it is entitled to the least consideration, except to require at our hands the most decided expression of our condemnation of a fraud, which for its brazen effrontery, has seldom had its equal, and which for the sake of public morals, it is hoped, will never again be repeated. Whoever perpetrated this great wrong has so far as the testimony before us shows, succeeded as vet in shielding himself from expos &e arta detection, and the condign puniShment which he so richly deserves, at the hands of the law. Although it is ques tionable whether, if known, the law would be sufficient to meet his case, flagrant as it is, for whoever committed this wholesale forgery, and succeeded in imposing it on the Return Judges, in all probability did ro, beyond the jurisdiction of this Common wealth; the returns having all been mailed, at either New York or Washington. It is worthy of the early and serious considera tion of the Legislature now in session, to devise, if in any way it can be done, some mode of guarding against the commission of a crime so easily perpetrated by means of the army vote, and by which at any election, the honest choice of a majority of the legal voters may be set aside, and our elections be made the sport and the play thing of corruption, or of bold and defiant villainy. It is due to the incumbent, John Given, to say, that in his sworn answer he emphati cally denies all knowledge of the fraud, or participation in its commission; nor does the testimony in any way connect him with it. Were it otherwise, we would here be disposed to rest the case, applying the prin ciple, that he who would have equitymeted out to him, must himself do equity; that his hands must be , clean, and no Court, we think, ought to consume the public time in the investigation of a title to an office, which rests upon a flagrant fraud, in the perpetration of which the incumbent was aparty, or the benefits of which, he had taken to himself, with a knowledge of the crime. The incumbent having purged himself, by his solemn oath, of all guilt in this transaction, he is entitled to be allowed to prove his allegations, of a poll of fraudu lent votes, for the contestant; and which he asserts were taken and counted for David P. Weaver, in the general return, more than sufficient, to overcome his majority of 607 votes, with the army vote cast out of the computation. If he can successfully attack any consid erable number of the votes cast for David P. Weaver,. so as to approach his apparent majority, based on one view of the army vote, we will then open the door for an ex amination into the charges of misconduct of the election officers; but before doing thisi, we think that direct and palpable fraud should first be met with evidence of specific fraud, as to the individual voters charged by him, as having voted at the last election, for the contestant, exceeding eleven hun dred in number. If this cannot be done, we are of thai opinion that evidence should not, in a case like to this one, be al lowed to be gone into with the view of establishing certain general allegations, from which we are to be asked to infer fraud, and upon which the entire vote of four election divisions are-to be thrown-out of the return, and this involving as a neces sary consequence, the disfranchisement of all the honest voters of these election divi sions. A consequence which may be the necessary result of the rule, which we dearly recognize as well grounded upon reason and upon authority, and of whole some policy, when a proper case arises for its application, but which we do not feel ourselves called on to enforce at this time, nor at all in this case, unless the character and amount of evidence which we have in dicated shall first be submitted. To this order of proof, we will rigidly ad here in the examination of the incumbent's testimony, and with this emphatic enuncia lion of the course which we have deter mined to pursue in the further investigation of the cause, we will be ready at an early day to begin the hearing, with a view to speed it to a prompt decision. There is one question which yet demands to be considered, and which may briefly be disposed of: The majority of the electors of the Sixth, Seventh and Eighth Divisions of the Fatath Ward, and of the Fourth Division of the l'w enty-fitfh Ward,are charged with having iraudulently divided their vote, at the elec tion in October, 1864, for inspectors of elec tion, so as to elect two of their own number, representing their own political views, with the design to deprive the minority of the right to have an inspector,at the following election. We have been unable to find in the law which empowers this court to take jurisdic tion of a complaint of an undue election and a false return, any authority to inquire into the truth or falsity of such a charge as this. It is no part of the election, the le gality of which is questioned by the com plaint. If it should be shown to be true, that the voters did a year before, do that, which is a violation of the spirit and intent of the law,it cannot methinks, be embraced in this investigation, for the reason assigned, that it is not a part of the election and re turn to which the charge of fraud under the law can be made to apply. But this point was decided in Mann's case. The reason there assigned was, that if such election be fraudulent, its validity cannot be examined in a collateral proceed ing, and that an election of inspectors of election cannot virtually be nullified and set aside in such a proceeding as this. This allegation, which is continued in the ninth, tenth, eleventh and twelfth specifications, must therefore be stricken from each of them, as no evidence could be 'received OD this point. With this exception, the answer of the incumbent stands as a valid and proper answer, and the motion to quash is there fore overruled. Pennsylvania Bituminous Coal. To the Editor of the 'North American and 11. 8. Gal. An article republished by you from the Germantown Telegraph, charging the Penn sylvania Railroad Company with defeating certain alleged efforts of the Reading Com pany to open a route for bituminous coal from the Broad Top region to Philadelphia, without being willing or able to accommo date such trade themselves, requires some reply, because it is injurious to other inter ests which have nothing to do with this railroad controversy, but haves great deal to do with the prosperity .of the city and State. The article referred to betrays real or simulated ignorance of the bituminous coal interests, and the well-known actual and proposed routes for its transportation to : market, to a marvelous degree., • The transportation of the Broad Top opal alone over the Pennsylvania and Reading Railroads in 1864, reached nearly 400,000 tons, and cost the shippers an average of say six dollars per ton. In the same state of currency and general values, this rate cannot be materially reduced by any, rail road, gyeO, at that rate, of which but a F. L. FETHERSTON. Public DOUBLE SHEET, THREE CENTS. small proportion came tothe treasury of the Pennsylvania Railroad, -the latter company realized a comparative lose on every ton transported, because in order to transport this low-priced article at cheap rates, they had to give up a proportionate quantity of higher-classed freight, which, but for this cheap way freight, they could have had to move over the whole length of their road, or four times the distance they carry the coal. Now if; under these circumstances, they had sacrificed the coal interest altogether, and thus put money in their treasury, they would have done what your article charges they did do, and what, perhaps, most pri vate individuals would have done in their own business, under like circumstances. But did they do so? No. They not only carried in 1864 the vast amount of a million of tons of soft coal, in round numbers, to the prejudice of their pecuniary interests, and to the injury, more or less great, of their through trade, but they have expended the whole income derived from their canals, for which, with the old Columbia railroad, they paid the State $7,000,600, being far above their value, in enlarging the canal from its original capacity of sixty-ton boats, to the capacity of one-hundred-and-fifty -ton boats, for the express and only purpose of giving cheap transportation to the soft coal trade. Every dollar of their canal income has been so applied ever since they acquired them from the State, and it is understood that the policy is to be continued until boats of .one hundred-and-fifty -tons cargo can pass with out interruption -from the centre of the Pennsylvania soft coal region to Philadel phia and New York. This policy has been quietly but steadily pursued for years, and will begin to bear fruit the present year; for by an arrange ment which they have made with the Union Canal Company, the latter company is now engaged in enlarging their capacity for boats of the increased size, and during the coming season a continuous route for cargoes of 150 tons will be open from Millerstown, on the. Juniata, to tidewater, while the process of enlarging the Pennsylvania Railroad Com pany's Canal is still being continued west ward. Now if 150 tons can be carried to market with nearly the same expense as 60 tons was previously carried; or, in other words, if by his vast expenditure of funds, covering for many years the entire income derived front their canals,represent g a capital of $7,000,- 000, the Pennsylvania Railroad Company can reduce the cost of transportation in bituminous coal one-third or one-half, and reduce the price of the article at tidewater in the same measure, is it true that they have done nothing for the coal interest? Is it true that, "while jealously ex.cluding from all access to the mines of central and western Pennsylvania the great coal carrier which has all the resources adequate for their development, the Pennsylvania Com pany has been obliged to confess itself unable to do merely the coal business that offered, without making aay pretence at all of encouraging trade." Such assertions entirely, and perhaps de signedly, ignore the opening of the cheaper route by canal, due to th. Pennsylvania, the fruition of which, long waited for, is now at hand, and which will do more for the-real Interests and - development of the bituminous coal trade of central Pennsyl vania than has hitherto been done by all the other railroads in the State combined. Let these railroad gentlemen fight out their battle as seems best to them; but do not let them make the public believe that the mighty bituminous coal fields of Penn sylvania are uselessly locked up, without any avenue to market. SOFT COAL, Facia and Fancies. Miss Carrie Moore is to skate at the Aca demy of Music. Her motto is "Icy onparter skates." A bad boy in Worcester, Massachusetts, stole a roll of notes from his papa, worth s4OO, and ran away in the cars. The tele graph and a policeman soon overhauled him. What right had they to arrest him with his pa roll in his pocket ? A man committed suicide in New York because his cousin bad become a mule driver. He evidently thought it was time to get out of his cousin's way. The meat and drink of a billiard player are said to be caromel and carutn. It is stated by a New York paper that the exequatur of the Chilean Consul at that port has been revoked. He expresses great in difference as to what is done with the ex- Equator, as Chile is in the tropic of Capri corn. Mlle Camilla 17rso, the violiniste, is the new lionne of the music world in Paris. To translate ITrso into a lion ize is mixing up the menagerie considerably, It is stated that the British government have dismissed Captain Cowper Coles from his officeof superintendent of theequipment of turret ships. It will be remembered that Captain Coles claims to have invented this kind of naval battery. Cowper's Task has thus been brought to an end. Augustus Burlaze went up in a balloon from San Francisco. The balloon collapsed, but he was fortunately "over the bay," into which he fell, and, swimming lustily, was rescued—not quite as he went up, in a Bar_ laze of glory.—Boston Advertiser. Yestvali is only waiting in San Francisco to finish a suit to return to the States. Does Fhe pant for New York, or does she hoop for Boston, this vest-valuable actress ? Some one who has had a glimpse at the new styles announces that the spring gen tlemen's hats are to be more bell-shaped than hitherto, with a lower crown. In these times o 1 peace insteßd of a crown on Bellona there is to be a bell- on a. crown-ha ! The children of the town of Blue Island, 111., wanted a sleigh ride. An enterprising merchant of the village attached a rope three hundred feet long to his own sleigh, drawn by two splendid horses, and the boys and girls fastened their hand sleds to the line, and eighty-four in number, had a grand ride. if that is not a Slaughter of the Dane: cents, we don't know what s sighing is. Dragging children round by a single big tow in that way, ! A new sensational drama entitled "Black Mail, or the Hour of Ten," is running at the Chestnut Street Theatre. Black males, at the eleventh hour, can be. seen running for the Jersey boats any night. If I cancel an insurance policy I can't sell it, and if I can sell it I cancel it. The famous Dr. Lamballe, of Paris, leaves his large fortune to a poor bricklayer, a distant relation. The doctor was a regular brick, and comes down with his dust hand somely, and his distant relative will proba bly reduce the pile as rapidly as ixissible. Maxetzek'is new buffo, Sarti has arrived and his voice is fine as silk. The voice may be as fine as described, bukto say the "new buffer's hearty" is coarse. California, Oregon and Washington Ter ritory all denounce Mercer's female scheme.emigre iniol;htleanpainorgtiailis, M ete r. gt3 M o e f rc t:e er_ males : I. delivering you. am satisfied, have said L on ik Awn:dna vow never yet mere Mercer-a:try. And therein do account' myself well paid ;
Significant historical Pennsylvania newspapers