CIBSON PEACOCK. Ear. VOLUME Xi'.-NO. 307. THE EVENING BULLETIN • PUBLISH= EVERT EVENING (Burnley' excepted). AT THE NEW BULLETIN BUILBINU, 607 Chestnut Street, Eintadelphlu i DYTTZ EVENING BULLETIN ASSOCIATION. sop riturreas. IBSON PEACOCE. ERNEST C. WALLAM L FETBERSTON, THOS. 0. WILLIAMSON. ABPER BOUDER. JR,. PRANUIS WELLS. The . Btn.torrrer fa /erred to subectibere in tho city at Id renfr •Or week. payable to the cement. or 8113 • r imam lirvTiTtfOrto FPY. l'AlittEll74o.. n o=citzia i na r g u n i tagrig . raw; MARKED. PATTON—O'IAUAK—ApriI 2d, Ise, at the West Spruce Street Presto tartan Church, by the Rev. Win. P. Breed, Thomas Patton, of Philadelphia, to Mtea PAWL ki. tirahani, of Tazewell; East Tennessee. * - DIED. BARNES,—On Thursday evening , April 2d, Mr , B. L. lintnea, in the 74th year of his age. The relstives. and friends are Invited to attend the funeral services, in tke Central Presbyterian Church, Eighth mad Cherry streets, on Monday afternoon. 6th inri„ ate o'clock precleely. CROMBABOAIL—On the afternoon of the 2d, John Croxr.harear. aged 62 years. The relatives and friends of the family, also the morn berm of the Philadelphia Mote Company, ate invited to attend his funeral. on Monday, April 6th, at 2 o'clock, from his tato residence, No. 60 eankaon street. 10, EVANS.—On the let instant, Smetana Evans, of West Cheater, Pa., In the 64th year of her age. The relatives and friends of the deceased are incited to attend her funeral., from her late residence, on High street, on Saturday. the 4th Wet., at 2 o'clock P. M. • EGG.—On the 24 Net.. Cordella, wife of A. P. Gregg, in the 47thyear of hsr age. The relatives and Glenda of the family are respectfully Snvited to attend her funeral, from the residence ef her husband, VKI7 Locust street, on Saturday next, at two o'clock P. M. • • • . lit WB.. —Ort the lid intt., after a painful Innate, Amanda V.. wife of George W. flews. and second daughter of the late John G. Newberry. et this city. flue notice will be given of the funeral. • gltlltltELL—Un flitriarituiten,t - after's ' d'art illeier4e; V. - inlets' C. Alorrell. in the forty-gfth year el Me age. fhe relatives and friends of the family are reenectfully invited to attend the funeral, cu the 4th instant at two tech rk I'. frt. ttom hlu fete rehldcree, Ne. leatiMount nen aunt. •• • PrillENO.--On Friday tumnini,•, dinttant,MaryJane, wife of Andre iv itobeno..tr. lite relativist read friends nee invited to attend her f !metal, on Tuesday running. 7th inst., at 9 o'clock. from her late residence, 1017 Race etreet. Services at St. ticorge's M. E.Clinta. - ..• r:\ IiWDY.IS.—Ou the 21k ult., Mary S., wife of George Snowden, and deughter of W. Fisher Mitchell, in the Mit year of her age. • The relatives and friends of the fatally are respectfully invited to attend her tuners'. from the reeldence of her hn+tand,l6l2WalLace street, MILO Friday,34 illatlUlt. at 3 .o'd rait& LANDELL TO.DAY THE LIWIr 'bade, of Spring Poplins for the iaattioruable Walking Steel Colored Poplins. Made Coland Popllos. innate* Exect Shade. rawriems. a6r . ` HOR ACE GREELEY WILL DELIVIAS Ul NEW LECTURE ABRAHAM LINCOLN Next Tuesday Evening, April 7th, BETHANIZ MISSION HALL, "itventr.Second and Shipped Streets. This Ilan accommodates 1.7e0 people. and is conve asi,atly reached by Passenner Cars To he had at J. E. Gould's Mesta Mere; PM Creseent street; 9. M. Cement 5.1318 Market street; McCarraheee, Slxt,entb area Mee streets: earl O'Neill% Twentieth end „Lecu,bard streets. 'dots limited to the capacity of the Midi Cherter, Delaware county. EASTER VACATION ENDS APRIL lgth. Application for admission for the remainder of the melon *Mould be made early. rot circulars apply to JAMES fi. ORNE, ESQ.. T. B. PETERSON. Esok. Philadelphia. Or to COL. THEO. firiar. theater, I'e. apl-12trp; sar FRIENDSHIP HALL, KENSINGTON, Corner of Seidviva and Norris etreent. SIGNOR BLITZ'S Temple of Wonders THURSDAY. FRIDAY and SATURDAY AFTER GNS, April 2d. 3d and 404 and a matinee en Saturday afternoon at 3 o'clock. Adtulcaion:scenta; Children 25 cents. Rceerved Seats v cents. ap2-3trp ,- HOWARD HOSPITAL. NOB. 1518 AND 1530 Lombard street, Diepensery Department —Medi. cal trash:nerd and medimi thrashed gratuitously to the poor. NEariiPa PERS. BOOKS, PAMPHLETS.WASTE "--"" paper. 4tc., bought by BUNTER, mhsl.lmrp No. 813 Jayne !Creel. hash roata.ioarauma. NEW B o,ol{ St PUBLISHED THIS DAY AND POE SALE 'BY No T. B. PETE STR E ET ROTHEEIamm. SO6 CHESTNUT PHO A ISMS LIRRIPER'S LODGINGS: AMD MRS. LIRRI. ?FR% LEGACY. By Charles Magna Complete and unabridged edition. One large octavo vo.ume. minted from new, large and clear tyi.e. Price 'twenty : re oette. Be in g the Twen. tv ecovd volume of ' etervome Cheap Edition ter the Million of Charles D skew's Worlr.a.. THE BLACK DWARF; AND A LEGEND OF MON. '1 hOSE. By Sir Walter Scott. Being the Eighth volume of an entire sew edition of "The Waresiey bevels," now publishing In twenty&ix weekly volumes, at Twenty cents each, or Five Dollars for a complete sot; and sent post-paid everywhere. "Old Mortality. 'Rob worth.`Te Antiquary." "Gny Mannerists." "Keel& "Ivanhoe" and "Waverley" are also published at Twenty cents each. TILE MARRIAGE VERDICT. An entire new book. By Alexander Dumas, author of "Count of Monte Christo," "the Three Guardsmen." etc. One volume, octavo. Price Fifty cents. A 11 Books eclat protege paid on receipt of retail price. AU Hooks published are for sale by us the moment they are issued fromthe were, at Publishers' prima: Call in person. or send for whatever books von want, to T. B. PETERBON4 BROTIMRI3. &OM 506 Chestnut St.. Philadelphia. Pa. THEATRES. Eto. Tu THEATR6B.—MIIe. Fanny Janauschek will sppear in the drama of Deborah at tbo Academy •of Music this evening. At the Walnut to-night Mr. Edwin Booth will have a benefit in The Mer chant of Venice, and The Taming of the Shrew. At the Arch Mrs. Creese will have a benefit In a Ilse bill, including' theeomedy of The Poor A r Obid- MIMI, and The Bidden rfand. Mrs. Creese is a first Tate actress and deserves a crowded house. At the American a miscellaneous performance will be given to-night. The Black Crook will be pro duced at the Chestnut on Monday night in splen did style. GintWANIA:AHERSAL.—The regular public re 'Ursa! of the Germania. Orchestra will be given to znorrow afternoon at 33i o'clock, with the fol lowing programme: 1. Overture,"La Part du Diable," Auber. 2. Song, "Am Meer," F. Schu bert. 3. "Invitation to the dance," Weber. 4. Concerto for piano, Op. 25 (G Minor), Mendels sohn, performed by Miss E. Goltennann: 5. 40terture, "Lorelei, Wallace. 6. Third Finale, from "The Bohemian Girl," Balfe. The last con .ce:rt of the 114115011 will be given on the 18th of April. Ocn Fotats.-"Batlusillardwhi's `Ofd - Filks" - troupe vtM_give s consort at Concert Hall this 4evening. The artists of this company are ex.- iceptionall,y excellent, each in his or her peculiar 'way, and as the programme is a very attractive •ione, comprising selections from famous com posers, a first rate entertainment may be ex• peeled. ELEVENTH' 13rnearr OPHRA House.—This even :leg the sensational burlesque Anything. You Like will be given with all the fine scenery, sharp local lite, amusing situations and great cast. A new - farce, Trix on Travelera,` is -.ars° anaonneed, to. gether with ballad singing by Cameron, negro lienumaticumunentat muslei-tea . the multitude of good thim wilt* intake up firet rate minstrel entertainment. Br rz.--81:gitor Blitz will, give 'one, of kin unique exhibitions.of magic in priend a bi l, Ha i corner of illepviva and Norris ellwats,lfensingtoo, this evening. .2 CENTS NSW BO •S 8 was any competition or opposition permitted, or any opportunity given of informing or enlight ening the people upon what they were about to do. Only in the case of Cavaignac was there a real opponent, and freedom of opposition; and in that very case the opposition vote was by far the largest (two millions), though the reactionary feeling and the terror of anarchy which prevailed sufficed to turn the scale against the Republican candidate. Still, as I have said, the figures and the facts tell, and to place before the French strongly how often and in what numbers they have voted for their present ruler and form of government, is not a bad way of reminding them not to stultify themselves by repudiating their own decisions. Public opinion in this country seems to divide itself more and more clearly upon the American question. into the two currents which I have be fore intimated. The Imperialist party, and their organs of differenrshadea of color, lean rather to the side of the Presider* while the Liberals and their journals support Congress; both, however, as I long ago remarked, rather 'with a view of seeking arguments and deductions in favor of their own action an policy at home, than from any real appreciation or understanding of the points at issue in the United States. The Debate and the Slide publish what profess to be "republican" articles; bat which are really intended as Site hits against the violence by which legislative authority was crushed in this country in the struggle of 1851. The Conetitutionnet, on the other hand, replies by defemces of President Johnson, which apply far better and more strongly to President Louis Napoleon. But what the latter journal and its party will have ar more difficulty in replying to, and will be very chary of making any application of, Is the spectacle of a Legislature vindicating its supremacy over the Executive without any shock to the Constitution,to which,Mi proceeding' from the people, both alike owe allegiance. The ifoniteur announces, with evident satis faction, the elevation of a Bonaparte to the rank of a Roman (not French, be it observed,) Cardi nal; as well as the further nomination of the new prelate to be a member of the Congregation! of Bishops and Regular Clergy and of Rites and Indulgenees. Both these latter are purely eeele-_ Mastics' corporations, and his reception Into them marks the new cardinal `as essentially a religions and not political member tir — the — highest -- R9lnan It is impossible to overlook the Ediptilleanee of the new appointment itself and the attendant circitmstanoes. Cardinal Bonaparte is evidently not intended merely as a political successor to 'Cardinal Antoneill. He looks highet.lkaa that; • EUROPEAN AFFAIRS LETTER FU 0111 PARIS• [Corson:oedema of tee Philadelphia Evening Bulletin.] PARIS, Friday, March 20th, 1888.—Great, I think It may be said, is at this moment the dis appoinment of the news-mongers. We have heard for come was past of the wonderful pamphlet which was to appear and electrify the public . by the authority of its voice, the clearness of its details and the conclusiveness of Ito deduc tions. Well, the pamphlet in question has come forth, bearing the designation which I had already • given to it, of Lea Titres de la dynastic Napolknienne. And what has been the consequence? Certainly the airy has not fallen as yet; nor at this birth has the "Heaven been full of fiery shapes," as was the case at that of Shakespeare's celebrated Welshman, Glen dower. I question, indeed, whether anything else can be said of this production, be who may the author of it, than that there is one more pamphlet in the world ; just as Louis XVIII said there was another Frenchman in France when he landed in that country on his return from England. We had been nursed into the belief that the Emperor, feeling the necessity of doing something startling, had really put his pen to paper in earnest to tell us something we did not know before,and give us at least a glimpse into that gloom of the future of which he keeps the secret locked in his own bosom. But all who gave in to these hallucinations are doomed to be .disappointed... The pamphlet does not tell us any thing we were not before acquainted with,and deals kg reat deal more with things past than things fu ture. It is the work of the scissors far more than of the pen. - A few official documents of the reign of Napoleon 1., carefully avoiding all reference to that acts additionnel w hich was the only really liberal measure ever promulgated by the great conqueror—these, with a large selection from the edicts of the present Emperor, supposed to be completed by the publication of the text of the Constitution of 1852, make up this precious 9m perial" pamphlet about which so much previous fuss had been made. I do not pretend to say what the precise origin of the publication is; but or the Emperor's own peculiar "style" I think it . may be asserted there is no trace, while of the reactionary feelings which animate the ultra imperialist party, and the majority of the Clam ter, there is abundant evidence. For instance, the writer tells us, amongst the few original lines contained In his compilation, that he reproduces the Constitution of 1852, because this "funda mental compact" between the Emperor and the people "is now made openly the poipt of at tack by the combined forces of all parties of the opposition." He insists that the basis of that Constitution is unalterable and can only be changed by a new plebiscite,—hence, per haps, the rumor that the forthcoming pamphlet was about to propose a new appeal to the nation, either to reconstitute or reform its de cisions. And some such ides it was which gave importance to the expected publication and made people look forward to it with so much curiosity. Rut there is nothing of the kind oven Intimated. 'What the writer intends to make his strong pollute are the plebiscites which have already taken place. In 1814, be says, the op position votes (given to Cavaignae) amounted to nearly two millions; In 1851 they were only 00,000, and against the empire only 250,000. These votes, he argues, correspond to those given to the First Napoleon for the tem porary Consulship, the Consulship for life, and the First Empire. Napoleon I. had his titles einseerated by the votes of ten millions of Frenchmen, and Napoleon 111. has had kis con firmed by twenty millions. Eat-ce clair? And can any reasonable mau dispute a dynastic right, at once elective and hereditary, supported by the suffrages if thirty millions of citizens? No doubt the argument is strong, and perhaps in the main true. In both eases the French people did throw themselves, their lives, lima and liberties into the arms of the "strong man," whom they besought to save them from the perils of the moment. But it must be remem bered that in none of the above cases, save one, PHILADELPHIA, FRIDAY, APRIL 31 1868. and the fact of,„his being at once a Roman Cardi nal, a religions Cardinal, and a Cardinal Bona parte, affords him great chances of arriving at the still loftier eminence at which he himself aims, or others l ior him. In the Roman Conclave, when next it meets for election, it cannot he doubted that the devoted protection of the French imperial dynasty to a pope of its own name and family will, in these times, be .well worth purchasing. FOREIGN. The care which the Emperor Napoleon takes of his person extends to his equipage. M. Vic tor Noir relates, in the Journal tie Paris, that "two agents—the word is not, perhaps, very re spectful; let us say police functionaries—accom pany the Emperor when he goes oat. They are generally the same persons; they fellow or pre cede his majesty at a distance ; they are net armed with pistols, as it might be thought, bat with life preservers. Ted, the ordinary coach man of titre Emperor, has been in the Imperial service twenty years; he served formerly in the family of Louis Philippe. The Emperor has great confidence in him. ‘Cerf is fanatic for his master. =He has invented a coup by which he can smash a horse's jaws should the animal get unmanageable. He has also invented another method, by which, in case of the horses taking fright, the shafts and traces, by one etroke, are detached from the carriage, and no danger can consequently ensue to the occupants." Another pamphlet, a tract of 76 pages, has been issued from the Imperial printing office, attributed either to Napoleon 111. or to an alter elp. Its tenor can be gathered from the terms in which it is handled by the journalist de Girardin. The editor of the .I;ibert& onotete for his text a phrase - iised het Month in the Corps Ldgislatif by lei. Pelletan, "Are we'a dynasty or are we a nation ?" and then trampleff in this fashion over his imperial eminent; first for his absurd exaggeration of the importance of tke provincial vote. "Is the pamphlet opportune? "We do not know; but what we know is that it Is royally imprudent; for it is a haughty defiance thrown down to history, to discussion, to the faculty of comparison. "What is it tc us in 1868 that General Bona parte was constituted, in 17:19, first consul for ten years by four millions of suffrages ' and, in 1801, Emperor by 3.321,675 acceptants! Did these two votes, forming a total of seven millions of suffra res, hinder the Empire from being crushed twice, In 1814 and 1815, and the Emperor. Napoleon I from dying as Louis XVI had tied before hint and as Charles 1X and Louis Philippei fled after him? "Let history answer! "In territory and in influence, did the Empire and the Emperor leave France Emitter than they received her at the bands of the Republic,' and than the latter had received her from monarchy? "To this second question as to the first, let history respond! "What did the nation gain In changing to a dynasty?-1814 and 1815, answer! Let us see w hat the nation was like before becoming dy nasty." TM. de Girardin then gnotes from the historian Lavelle, a magnificent picture of the France of the First Republic, extending to the Rhine, the Alps and the Pyrenees.] "Even the natural limits of France were there fore about to be extended. Yes, extended, only to be reduced and to become narrower still, and more exposed than Tinder the Monarchy. "Bow shad we teetmeitetheriteperial ptimpfilet of 1868 with the Imperial 'Words of 1814? read those words: "'France without frontiers, when she had rich tine ones! There is what is most poignant in the accumulations which are heaped upon my head— to leave France so little after having received her so large!' "The territorial belittlement of France, twice invaded, twice occupied by the foreign coalition„ in the name of the liberty of nations, is that a title on which to found the glory of the Napo leonic dynasty?" GERMANY. The Emigrant Naturalization Treaty Pttbsed try the Legislature—Count liis• marck , s Itemariita. Btatury, April 2.—The North German Parlia ment discussed and passed by a final reading to day the emigrant naturalization treaty lately con eluded with the United States of America, the provisions of which have been published. The roll& members in the Legislature, who make a strong element of tke opposition, voted in dissent. Count Bismarck delivered a speech in which be said that the measure would be carried out on the part of North Germany and the Prussian goverament In a kindly and liberal spirit. THE FRENCH PAHPHLET. Public Opinion •I the Imperial Mani" feats. [From (inUnsaid's Messenger. Marcb 21. J Several of the Paris journals, which kad at first ab stained from more than a mere mention of the imperial pamphlet, now remark on ite contests at greater or lees leegtk, and in every case rather unfavorably. [From the rule Siècle of March 21.3 So much noire had keen made by aaticipation about the new publication that it disappoints manypersons whoa'. pected to find in it revelations of the past or bold projects ter the future. Great omieeiowr may be pointed opt; the facts are.presented in an unconnected manner; import. ant documeats are passed over,and tke conclusions drawn seem centered and enigmatical. The eerntotficial jour. eels stand alone In praising unreservedly this work,which its supposed origin naturally recommended to their homage. [From the Avenir National of March 21.1 In the that place the author, in his summary of the his tory of Napoleon. L, forgets the Additional .act, which was in a great measure the retraction of the imperial ointe. and In the second he declarer that the Emperor, after having proclaimed on the Met of December, 18214 that he intended to lead the country to a prudent exer. else of liberty, has "fulfilled that promise by the decree of the 24th of November. 1860, and the letter of the 12th of Jaimary. 1887." We are consequently forced to infer from this statement that the edifice has been crowned miff that tee have nothing more to eupeet. [From the Journal do Paris, March 91.) All torte of resections and commentaries are mixed up with the official documenth. The prineipel frage appears to be that in which the remark Is made that. aim tunes within half a century. the Napoleonic dynasty has re ceived the consecration of universal 131.11rInge, and that thirty millions of votes of the French people have ratified the choice. What is piquant in the document is that the authority of M. Tiers it very etrongly appealed to. We shall limply observe that the honorable deputy is more frequently right than he Is said to be in the pamphlet. • [k rem the Paris Tempe, March 21.1 The work is anonymone, but public rumor attributes it to the Emperor. lh e are not ha a position to confirm this report but we must atate tkat no dental of the fact hu been given. The motto is the old mystical adage. Vox paPtlit, Vox Lei. This axiom, let us say, does not appear to ea as respectable, as it is ancient. It has the double wrong to be an affirmation without any possible proof, and to have served as the justificatton of the meet oppos ing caurree. Besides, it introduces Right Divine into unl. venial suffrage. [From the Vines et Campagnea of March 21.1 We very much fear that the general expectation will bn disappointed, and that France will not perceive the polls tical idea she expected to find there. t Front GalignanPe hiceßengcr of March The Paris Union cannot comprehend the motives for the publication. It contain!, according to that journal nothing new, and its object le inexplicable if the col lection of figures it contain' is not the riretudos to a Pa . Intscit4. lINGLISX LStiLT eS TBX }SHYING IN YAWL [Paris (March 20) t.orreepondence London (Hobe.) The pamphlet of the Emperor, "Titres de la Dynastic Nesesalt degldedly a ilium°, It contairm nothing that was, not known to oyeryhody, and net a word of what anybody would have h Liked to ear—namely, what his Majesty thinks of the want' of the day and west are hir projects for the future. I have heard ear that the brochure as on written contained about twenty pagea that have hien "oppressed, and that they were lull of interesting matter. This seems likely enough, for it is hard to conceive that Ruch a sagacious statesman as the Pesach Emperor weuld have made an insipid, incomplete and incoherent collection of State historical feats mere , / to set the nubile westering. Some of the newspapers have taken advantage of the Phblication to I all to mind that it was in, consequence of prate:lons of republicanism that Unix 7Peleen• was elected to the Praddeacy of the republic On e of the millions of the vete, Of which he brags; an one of them tikes tho rather bo ld edß of renn4adng from the /font tour the *Mold ro of his stmlesic a to the office of Nreeident. In that deountemt- t said that tixonr-. Charles ' Louis klaPe Alehal/arte n swore with oittetreteh band. , in pre. mance of Cod end before the; Froz: 114, 4 people,' llo re niaittablefts to the demennatie rep one. and indi vbabie," and that tkoProddentOf , Woad Amain sOlermAy look God abi,:e men to Witaesithe oath that had been tahen"r which sake. nuaapart* made 'a speech. iwwhich sa id he would /shop ftr,the glen y of the republic. and en overybois nor rose and sevs. rid times =Peeled the ern-. V ies puoseu, OUR WHOLE COUNTRY. The following is the decision reneently rendered by the 'Supreme Court in the case of Rhonda et al. ,versus Dunbar : William A. Rhodes. et. al. vo. Eton Dunbar, et. al. In equity. Appeal from Niel Pries. Opinion of the Court by Thompson, 0. J. the plaintiffr, by their hill, seek to enjoin the defen dants tram re-erecting or reconstructing a planing-mill, late the property of John D. Jones, situated on the mint aide of Twenty-first etreet. between Chestnut and Mar ketstreetr, which was destroyed by fire in the month of Nay, 1167. It Is claimed that if re-erected, it will be a nuisance to the property and dwellings of the complain ants simpairbm their yalue,and rendering the enjoyment of them uncomfortable and upside; and thiset ie allegettvrill Ow trim three causes, Incidents to the structure and its !Weeded nee, if ft be permitted is so into operation, viz list. Smoke, soot and dust. Mi. Noise. And 8d Danger from fire. Ibe very general averment in the bill—that the mode in which ouch a factory or mill is worked ren dere it unsuited to a neighborhood closely built up, and especially to one occupied by handsome buildings need as residences, and will be calculated to prevent the use of the neighboring ground "for such buildings as would in the ordinary course of affairs, and the extension of the city in that direction,beputup"—presenta for consideration a enbject not witbin our sphere of judicial action. It• presents a question of policy, whether a part or portion ofa city, is, or ought,,to be devoted exclusively to private residences or other special obis eta, aid that is inseilfeetly for the local authorities, or the Legislature to determine, and nit us. That concerns alone the public and not pri vate parties. With people's rtehts we deal in cases like the premise aid net withqUistiona id mere policy, 'local or general. No one will, for a moment, doubt that we are invested with ample powers to restrain the erection of any build lag or structure intended for a purpose which will be a nut ante. per se; such as bone boiling, horse billing ',stab lishmente, swine yards or pig etyma and other various like establishments, Thine net only interfere with the health, but if they do not reach to that, they do to the usual and ordinary enjoyment of the reeidenceeof inhabitanta coming withinthe circle of atmosphere tainted by thorn, and both property and sentme may be prejudiced Si in- Mred thereby. The right to claim that such estaulleh• routs shall he ' , revealed. is the right that every citizen has to pure or d wholesome air, at least as pure as it may be consistent with the compact nature of the community in which be lives. The rule is the same la regard to noises which disturb rest and prevent sleep. There are Innumerable cases of injunction for such nuieancea. • ' But does the case in haute come within the cheeses to which reference has been made in either of the specifi cations mentioned? IYrtt—The smoke and coot complained of I sio not think have been shown to have been a nuisance fa the oil mill for which damages at law might have been recovered ; and I know et' no other criterion where the complaint for Injury to property and its enjoyment. Irreparable injury is the foundation for intersection by injunction. Not irreparable because to mall that it may not be esti• mated, bet because likely to be so great as no be incapable of cotopeimation In damages—Billiard 1nj..270, 271 and 279;37 N. It. Rep 254. • There must be injury and damage both; to justify the remedy by Injunction.. Campbell ye. Scott, 11 bins, 39. The complaint of the old mill, in this particular, was on account mainly of the fuel, chips, *hayings and BIM , dust used ; and that is the foundation of the complaint spinet the contemplated re-erection. 11 no other species of fuel would answer the purpose. or Gould be used,l grant there might be more in the point. But this is not pretended. If, therefore, when the mill thrill be put into operation, and by its use it becomes a nnisance Dem this cause, the remedy is easy and well I known. Equity will enjoin sealant the use of such fuel, end the mischief will be sat once cured. That a thing may ?enable work briery to somebody is no ground for in- selection- lithe injury be doubtful, eventual or contin gent, equity will not interfere by far unction.—Entier YR. gegen!. 1 Stoat (N. J.) 447; Hilliard, 27L This might be elifficimit on this point, bettit is quite possible that in the construction of chimneys all objection to thin kind of fuel ups beobviated. Tbennewer atone of the defendants a tigs. and that it se extended, Dad oan •be • accent bed, find it is nowhere controverted. Indeed, it seems Widest that if eno,uste with proper netting at the tome hat anything like annoyance amount• itg to a "leineilflerniV7.'! to .property , agWO.S held tote es. wefts! to enjoining n Tipping ns. St Helens Smelt Co., 116 E. C., end Rep. 608, may be entirely avoided. Indeed, the learned master mewled in doubt whether the eleteent of smoke, soot and cinder,. judged of by the old mill, proved or sweetie prove a materiel injury to ereperty. Al. Inding to.these agencies, he say. they "perhaps eattelot k in a strict sense , be said to have produced a a aterial—t at leen palpable„ direct, physical—injury to the plainti ff' s !novelly.” But then he gives reasons to show that _it occasioned annoyance. • and- discom fort, and, therefore, concluded that .a ' re-erection of the mill ought to be prevented for this and paler reasons. Annoyances without damage, I have already said, are no _neonate :or injunction. Shall the owner of rroperty be deprived of its free and profitable tee, altogether, it may be, because the light and air may cot be as pure as a neighbor might desire,' or because a laundress may not he ebb) to dry the contents of the wash-tub quite aa satisfactorily?—or a house-maid have to duet more frequently? These are annoyances referred to in the proof, but are Incident to a city residence; and if people prefer living in a city, they can only do so en account of others desiring to do the sante thing in suffi cient numbers to constitute a city. and then each tacitly undertal es to puffer ouch annoyances or inconveniences I as are incident to that kind of community. This has been often expressed, but is strikingly enforced by Lord Ch. Westbury, in Tipping vs. St. Helens Smelt. Co. Supra:—"lf a man," said the Chancellor, "lives in a town, of neceseity he should submit himself to the come. quencee of the obligations of trades which may be carried on in his immediate neighborhood, which are actually neetesaxy for trade and commerce, also fur the enjoy ment of property, and for the benefit of the inhabitants of the mint It a man live inn street where there are numerous chops, and a shop he opened next door to him, hich ie carried on in a fair and reaeonabto way, he has no ground for complaint because to himself, individually, there may arise tench discomfort from the trade carried on in that shop." 'Lord Cranwerth, In the same case, puts it thter.—"You must 100 abstrac t e dly ot with a view to the question whether that quasi. tity , of awoke was a nuisance, but whether it wee a Detainee to the pereou living in the town." We endeavored to expreee eomethiog this in Sparhawk ce. Union Passenger Railway, 4 fe. F. Smith, 401. It must be apparent to all, we think, in regard to the intended structure, that the circumstances here do not establish a nuisance per ae; and if it over amounts to this from the causes alleged in regard to the fuel, it is within the pow ers of tho Court to redress any injury by restraining the Use of the objectionable fuel. It Inlay bo that none such may be used, or, if used, that there may be an adaptation of structure to prevent injurious consequences and annoy. ,inert. Neither the facts nor precedent would, we think, justify us in restraining the re-erection of the building on this ground. We are, therefore, couetrained to differ from our brother, who sustained the master ou this point, an well aeon another, at Nisi Pine , . Nolte.--it is enough to say hero that the master wart of opinion , and so found, that this "was not eufticiently eetablithed to afford a ground of relief to the plaintiffs? , This conclusion was not much controverted in the emu ' went before us, and we think the matter was right in his conclusions on this, point. 3d. Danger, or apprehension of danger from flee, is the last point to be noticed, and this seems to have been really the main ground of decision in the mind of the mas ter, as well as of our learned brother, in awarding an in junction. What is apprehension? It in anticipation of danger, not a certainty that it will occur. It may be felt as well when danger is infinitely remote as when it is near; as well when it may never occur as when it may. It is, in regard to fire,"speculative, eventual and contingent," and the books say this is never a ground for interference by injuaction—Earlz of Repham vs. Hobert, 3 Alrylne vs.Heene, M. The apprehension of danger must on the theory of this case, at least, be very remote, viz: that the mill when erected may take fire by negligence. accident, or by the work of an incendiary; that the fire may not be extinguinhed, and that it may be communi cated to and burn the property of the plaintilia and en danger their liyee. Every element in all this is "specula tive, contingent and eventual.. The mill might take fire, but the Names may be extinguished. It might be burned down without destroying the property of anybody eine. It would be a waste of time, I think, to labor to prove what every one must assent to—that this—as a ground to exercise the power to prevent the occupation and enjoy ment- of property—would be extremely btangible, and once established as to this kind of mill, might be applied to every other building or busineee in community, de scribed in tire rimier,. or known as extra hazardous, and not only planing rattle, but cheesiest laboratories, careen ter shop* cotton mills, barns, stables; in shortmverything that there might beground to apprehend danger of fire from, would gradually fall into the vortex of chancery power and might be banished the city altogether, to the greatinconvenience of the people. There is danger in all ouch establishments, it is true, and the same argument would apply to many others. The degree of danger would be the only difference. In Anonymous 3d, Ath. 750, Lord 'Hardwick said: "Bills to restrain nuteancee must extend only to ouch as ara nuisttageste tea, antithe.2 tersarynan4dad„..thouge. they be reasonable, will not create a tribience.” That rule was held ands cquiesced in lathe case of Carpenter vs. Cummings, ad Phila. Rep, 74. That was a bill to re. strain the defendant from maintaining a boiler to propel steam machinery under the pavement of a public street and thoroughfare. The nuisance charged was the fear of danger tette, complainant and others, that it might ex. plods End destroy eir property and the c an e inhere. tioll was refused sa the antherity of the case mentioned above, citing also 111, page 219, and was,lit would appear, acquiesced is by . the parties and . counsel. Butler vs, Bogen, 1 Stoat. Of, was an attempt te restrain a black. smith seepWilliamsoM Ch., said ',as moral ruts the CCurt oug ht not to interfere in cases of enhances, where the injury apprehended In of a ohmmeter to Justify ooM dieting ogimonn, whether the injury within fact, be over ' If it be true that the act complained of must be, a nub men at law, as hold in ed 5tth.929, - Mvp.. sadkauleti_enee in Spat hawk. vs': The . I .hatom , Pagentler`rualwar owe* Demi, Sup., this teat wouldstttlo the eon vets, in this , case et owe. bloaotion can hoionsod, Ith in which mere alrehessl9llfrOM tat tOl VrePettlf ;One , Droveb d a WAS eyes er cm ttes . Brit it is F gal4 , theb of'fintuote WPM - the plaintllid promery.'..w InYmeresiod , ennesenco of the reseretHeetAlf 'taiYtld bue ee% THE COURTS. THE SUPREME COURT An Important Decision WHAT • IS A NUISANCE'? FAMOUS DECISION REVERSED found by the mutter, it would not have eatabliahod the point of 1311101111 CC. It h well known that existence of extra hazardous property in a neighborhood while it s' draw upon insurance, deed heavier burden or rate of deco. not netielly constitute special rate.; in regard to ereelvv,ateereperty belonging to ri class with fixed rates. But It is stated very distinctly in Story's Equity Jurbe prudence, Pee 925. that more diminution in the value of property, without irreparable mischief, will not furnish any foundation for equitable relief. In Attorney Goat-rat VP, Nichols, 16 V. G. 3/17.. which use an application for an injunction against darkening ancient lights, Lord Eldon said "The foundation of thia jurisdiction inter tering by injunction is that head of mie chief alluded to by Lord Hardwicke (Flahmongere Com puny versun East India Company,l Dirk. 161), that sort of material Were to the comfort of the existence of those who dwell in the neighboring home, requiring the application of a power to prevent, 1113 well as to remedy en evil for which damages more or leas would be given in an action at law. I repeat the observation of Lord klardwicke, that the diminution of the value of the pre. mince is not a ground." That is to say, the mere diminu. Ue n, irrespective of any direct damage, is not a ground for injunction. On this principle_, the dlminutlon by res. von of increase of insurance, if it really exlete, is no ground for the. interference nought. Grant that the !Teeter. of property in question is extra hazardous, in subject to fires: this on the authority of all the cases would not render it a nuisance. It does not necessarily affect health, com fort, or the ordinary uses and enjoyments of property in the neighborhood. If the baldness be lawful and carried on reasonably, rind does not interfere in either of these ways with the rights of others. it cannot be a nui sance la fart or in anticipation, and in my opinion we have no authority whatever to interfere with it. hete obeervatione give me just grounds to draw the in ference that a powder magazine, Or depot of nitro-givce rine, or other like explosive materials, might not possibly be enjoined, even if not prohibited, as they usually are. by ordinance or law. It is not on the ground alone of their liability to fire, primarily, or even secondarily, that they may possibly be dealt with as nuisance& but on ac count of their liability to explosion by contact with the etaalle spnek et fire, and the utter impossibility to guard against the consequences or set hoorah to the injury, which,being inetanteneeus, extends alike to property and person within its reach. The distinctiveness of these agents results from the irrepressible gasses once set in motion, infinitely more than from fires which might ensue as a consoler-Imi'. Persons and property In the neighbor. hood of a burning building. let it burn ever eo fiercely, la meet caeca, have a chance of escaping injury. Not so when explosive forces instantly prostrate everything near them, as in the Mats neer! of powder, nitro-glycerine, and other thetnice.le of 'An exploded Or Intensely infittmlimble nature. It is a difficult matter at all times to strike the true medium between tee conflicting interests and taster, of people in a deuselypopulatei city. It requires the merchant, mechanic, manufacturer, baker, butcher. Out laborer. no well as the wealthy and employed or an em ploy. ed eitizemto constitute a city. They all have right", and the only retmirement of the law is, that each shell so exercise and enjoy them as to do no injury in that enjoyment, to others or the rights of others in the sense iu which the law regards injury, namely: acrompamied by damage. It might be a great injury to the de4'st:lll4MA in this case to restrain them from the en joyment of their property, without being of any benefit to plaintiffs. The ground claimed in argument to metals' the decree to this case was mainly the danger of fire. The proof is that these are dangerous establishments by comparison with others less dangerous—but there is proof that they do not tilwaye burn, and may never burn. In this state of the PAHC,thr language of Lord Brougham.in ' the Earl of Beeline' vs. Hebert is worth a reference to here. "It is Also " said his lordship, "very material to ob serve, what is indeed strong authority of a negative kind, that no inetenee can be produced of the intervention by injunction, in the case of what we have been regarding MI eventual •r contingent enhances." We have eald enough to indicate our opinion that the fear of fire is of thWdeeeription. end that this injunction should not have been granted originally. and therefore that the decree must be reversed end bill dismissed. Leered reveised and bill dleiniszted at the coats of the ap➢ellets. CRIME. The Coal Miners , Blot—Moro Trouble as 111 9 Ketsport, Pa.—Arrest of Rioters. ' [From the Pittsburgh Post, April 9.1 In our last account of the coal miners riot at O'NeliPs works we stated that the rioters had returned to their homes, and that it was probable that no further unlawful demoners ties on their part would be made. Nor has there been an, up to this writing that we have learned of. But, yes. erday,'eertain manifestations by the friends of the man who had been slain gale rise to serious fears among citizens residing is the vicinity of 0 Ncill'a coal works that the rioters would repeat the outrages of Monday. It appears that en yesterday the funeral of JOilelik Pies ger took place. His remains were followed to the grave by several hundred coal miners. !At the head of the pro ctssiseavroa borne a liag.iant the party marching inane diately behind the banner appeared to be hie highly ex cited state, some of them talking loudly, and making threats which led ninny timid persons to believe that an attack open O'Neill's party would be made last night. the alarm became general in the neighnorhood, amount ing almost to a panic. About noon a telegram was seat to the Sheriff. statue the fears of the fample, and begging that an armed force bo sent forthwith for their protec lion. Accordingly a force was raised by the Mayor, con sisting of thirty men armed with revolvers,who proceeded to the "seat of war," by the way of the Connelsville Railroad at three P. tale time (nine P. M., they have not retrinied. and we are without tidings. The police arreided six men last evening at a drinking house on Water street, and placed them in the lockup, on suspicion that they, were a portion of the rioters. 3 heir names are thrist, Stokes, We,. Carter, Thomas Rose, Isaac Andrea, Peter We=t, ai.d Con. Brady. They state that they were employee of Mr. Blackburn. who operates the works adjoining O'Neil's. Some of these- men admit that they were present dining the disturbance on lkloa, day, hut dii not participate in it. 'They attended the fu neral yesterday, and afterwards came to the city and got on n spree. a drinking house a discussion arose in •re gard to the riot. in which Stokes was heard to say that "the killing of Hedger was a deliterato murder." The pio• lice got wind ni Om and hence the arrests. )11r. Blackburn last evening visited the prisoners in the lockup. He asked them what they had done. Stokes re piled, repeating in substance the words above quoted. He added that they • had attended the fu neral of their deceased friend, and had carried a lisp, on the oceasten had followed that Hag. and he thought there was no harm In so doing. tine of the ether said, "it was an American flag, and he thought they had a right to carry it and to follow It." An examination of this case will probably take place to.day.• Last night, eighteen more coal miners were arrested in this city and conaned in the watch house, making twenty-four in all who are now secured. Thcao latter arrests were made at Ike "Old House at Home," a drink ing establishment near the Monongahela river. Singular Suicide in Cincinnati.. [From the Cincinnati Chronicle, March 318L] This morning :bout six o'clock Mr. Peter Spinewsbee had occaelou to ' , Mit the back yard of the residence et Mre. Mary Nelamiller, No. 1.5 e Charlotte street, between Baynailler and Li r, when, to his stirpriso and horror, Ise discovered thr t lady in the act ofjumping into the chi tern. Mr. Spine weber at once celled assistance, and has.' telling to the cistern endeavored to rescue the rash woman from the ten iblc death of the suicide, but in vale. Tke fall bad broken her neck, and death must have ensued almost luetan !Ir. The lady was brought to the surface and a messenger immediately despatched for Coroner Emmert, who arrived about It) o'clock. and held au inquest, resulting in a verdict of "death from suicide while in a Mats of aberration of mind, caused, apparently, by the death of her huebuud." The deceased had been a widow about sevau years, and had during that time fre quently been heard to express a weariness of life and longing for death. Mrs. Nei/miller was forty-coven year), old. Sb a Irina, F four children, the youngest twelve years of age. She wee very.comfortably situated, owning the property where she lived and considerable money beeldes. and the rash apt looms to have been more the result of a melancholy temperament than anything else. NEW JENSEN MATTEfIS. CAIIMEN HOWIE CAa .RAILEOAD.—The Camden Horse Car lallroad Company have asked the Legislature to pass a supplement to their charter, authorizing the laying of the roils es Delaware and Market streets, so that their oars may, reach al/ the ferries instead of ene, as would be the ease i'f laid under authority of their original charter. A Waumx. - ,.- -The practice of loafing about the corners of the etreetsh , crowds of hattgrown boys, and those who consider themselies young men. has become such a nuisance that May or Co.s. ham directed the police to arrest them. Etuesm 'lts man named Josiah lliagem bottom while In a state of intoxication, fell down stairs at the house of Thomas Vickers, in Centreville. an Tuesday - night, and was - so badly injured that when found he was dead. Ilona /Olt FRI/INDLF,EIS CHILDREII.—On the Bth and 9th of the present month a fair will be held at the West Jer soy Hotel, the proceeds of which are to be appropriated for the benefit of the Camden flame for Friendless Chil dren. It is to be raj AttrucOvo. Tnerre.—There havci been several attempts to steal various articles from dwelling housea in Camden during the put day or two. Three arrests have been made. Lonants.—aurineibe past week filxtiNsix lodgers were furnished accommodations In the Camden fitation.h•uso. .Fatal Accident :near Lewistown, Pa.— Two Children Drowned. • (From the LewistowaDemocrat.l About Bye o'clock Sunday evening, Mrs. David itiden„ residing en the Id cAttee farm, near heedsville, in a wagon was driving on the road along Istratford's quarries, yond Mt. hock and young b o y her three or fo bet w een own h e and a young boy driver. The road the HishaeoquilLas creek and the steep mob is vary nar., row. The horse frightened at a large reek lying in the way. and backed the wagon into the stream which is some six feet deep at that pelt The mother and the boys with her saved themselves by umiting, Out, two Littlegisis„ one three years old and t o Witter -hut 4•Ste 741irs fell into the water, and were botit.droweed. , "'One ol.the bodies was aeon recovered, out thg ai tagr ait ut7t. net Tonna for about two hours, Mrs. Eiden 'ME • ithdt to her metheklars. Myers, on the, ;lithe, wii.sijA on her way twine at the time • the zuss i pme. , de f y an. * a guish at that, seeing iter.tnfe 4ta Afloat the , power to prevolt, can be imegi 14s, Atom pentane, including a alataaaV ta illik la to the spot how town and the 'ZySigh ;um eemastwas very sweating. , When Me.lse ,of 'lrotamiltall roe.. voted there were few dry eyes amps Ow " The *Klett maw *hie teeittOon'theodore at the alarmthg ste o tow. Wee iiireek. E L. FiTHERSTON. Pubtitter. PRICE THREE CENTS FIFTH EDITION RY TELEGRAPH. LATER FROM WASHINGTON 4 THE IMPEACIINgNT TRIAL Further Examination of Witnessft LATEST CABLE NEWS. The Irish ' Question. LIBERALS CONFIDENT OF SUCCESS The Impeachment Tria.i. fillissdal Despatch is the Philadetplita Evaatail Ballathi3 WASHINGTON, April 8.--Colonel Moore was then called and examined as to his gorrections of the manuscript which was shown him. ,He tea tilled that he made the corrections on his own responsibility, with the 'View to improve the phraseology, and not to change or substitute- He did not think he changed the substance of the speech. The examination was conducted by Mt.'Bntletr In a manner which he evidently intended to be severely witty, but be failed to create a favorable impression, as the counsel for the President nal formlY pursued a different policy of treating tba witness with courtesy. On the conclusion of Col. Moore's testimony, at 2.25 P. M., the Court, took's recess for ten minutes. • Contrary to the usual Custom, several colored men appeared among the spectators In the gal , lery to-day. Immediately after the recess Mr. Grimes moved that when the court adjourn to-day, it adjourns until Monday next, at 12 o'clock. The you and nays being required, the motion was lost by a vote of 19 yeas to 28 nays. The President's speech was then read from the manuscript iden titled by the phonographers. Mr. Hudson, editor of the Cleveland Leader wad then examined regarding the President's Cleve land speech. Mr. Evans conducted the cross examination. Pre asked if the paper Was of the saniii or of op polite politics with the President, and qtteittioned the witness at considerable lengttt as to the ascii racy of his report which was taken' in long-lituid, Laid 'was only in part'verbatim. • By the Atlantic Telegraph. LANDON, March ad.—A division will take place in the House of Commonieto-night, on'the 'lii h- Church question the result of which.'l3 looked for with` great interest. The -Liberals are, san guine that the Gbvernutent will be beattn 'and. that a Liberal Cabinet is Certain. The mange of the' ininisti3r, however, is upper tairwu they-have the option of reslpidilitLe or pp-. pealing to the country by a dissolution of Ft There are'no Indisations as to tho poa don which will be assumed by the ne* Inirds showld one come into power. ' ' ' ' try, LIBBON, April B.—The regular mail eteaMetilti from Brazil, bringing athicesfro:D.lli° -TOMO° to the 11th, arrived hero late yesterday. The news from the contending armies • on the Parana is important and thrillink t The Allied army stormed a redoubt at Haman* and, after a desperate • fight, - succeeded in carrying the works capturing fifteen large, guns, and a large quant ity of stores and amain, nitlon. All account& agree that 'the garrison fought desperately. At the time the land forces were so engaged, the Brazilian feet, tsking ad vantage of the mordent, successfully forced a passage past the land batteries and reached Ascension. The city, however, had been evacuated by the. Paraguayan troops, and de serted by Its citizens. Xliat Compess...Second Session. IBartavz.—Continued from Fourth Editioixl Question—Who corrected them ? Answer-4;Am', Moore had stated he wished to revise them, but not t anata any subetintitti Change/Fa only ,to revise the phreteolegy. Witnese selected from the copy sent by telegraph the portions written by hhnself. thataexamined by Mr. Evarts—The transcript wan correctly made, but ho had convicted some uturrammati• cal azimuthal& Mr. Clephaae was recalled and recognized the mann ecitpt ef his report law examined—ln his variations from exact accuracy he made the meaning clearer Ind corrected acme gram. malted errors. Col. W G. Moore, private ?Secretary of the 'President, testified that be was appointed paymaster with the rank of Major, in November, 1868; in 1865 he, was made pri vate Secretary to the PreFident; before i that time he had been Aeuistant Adjutant-General; beard the epeeoh Of August 18th cad made some corrections in the report written ant by the stenographers. doing to without the assistance of memoranda; did not change the substance in spy ease, but altered the language; examining the manuecripte, finds •no page in which his writing Predominates; made .the changes without the direction or authority of the Prmident; the manuscript as revieed was handed to the agent of. the Asattaiated rreee; the President Dever said to witness that, ho had done wren cin making these correotioas. Mr. Butler then propo , ed to read all the various reports of the speech, and put them in evidence. Mr. Everts objected to the report of the CAronfrie is a nth en tic evidence. LA 4r. ial f I :4.1 —Standing order with beggars—pr?sent alma. —Mrs. Burden Cunningham is a clairvoyant physician at Mazatlan. , —The sweetest girls In the West-,The Mo.. lasses. —Miss Janansehek is learning English, and in tends to play Shakespeare in the original. —The London Times cleared $3,00,000 hug year. —A box for the season at either of the London opera houses costa only a little over $1,250. —The mythical " seventeen year locusts" are announced for their yearly appearance. —Mr. Gough has delivered, mainly en temper ance, 54,000 lectures, to andlexces averaging one thousand persona. —Kingsley has preached before the Queen. Charles having abandoned his early Republican ism, hecoMes more of a flunkey daily. —Mies Hosmer receives $lO,OOO in gold for her statue of Benton. The statue is in bronzeoreigha three and a half tons and is ten feet high. —Mr. Butler, in his speech, attributed the words "Fattier, forgive them, for tkey know' not what they do," to "Stephen the martyr." - - --Some literary monseukasdiscovered. that the "Editor's Drawer" in Harper , s Monthly is made • up by a woman. So are all editors' drawers.—.Kz. —Celia Logan, the actress, was the model of the female egure in Constant Meyer's "Loves - Melancholy." —Mlle. Ravel is playing in St. Paul , aile sic drams of "The Angel of Midnight; or the ; Footsteps of Death." 4 t —The mysterious cave under Mew Zeta: l 4l , . • torls i y feet beneath the surfacesurface oug w of -p a e —A box recently received at * frontier mama • bowie was invoiced aa03 . 03 fl "IMP" of no commercial. vaittn." , • —Mr. Longfellow' : ,I*,* .mll4_ *VW* upon ectedWOMW WI" I beollo ,, earlypent yenr. ' • •,';‘,:‘,• ' • .•• LU/ 1 44, 100 _, aro , rd . . the oldest of the ttias, • • o'clock.
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