,Tng owning.
CITY TRUST BILL
nfefSION by Tag SUPREME COU
ITS CONSTITUTIONALITY AFFIRMED
In the Supreme Court,this morning, Justices
Read, Agnew, Sherwood and WlHams upon
the bench, the decision of the Court upon the
constitutionality of the act of Assembly taking
the control of the Girard Estate from the ciny,
and vesting it in a Board of tiommisSioners,
vies read by Justice Sherwood. The opinion,
'which thoroughly exhausts the subject, was
as follows :
City of Philadelphia vs. Fox. Appeal from
the decree of the Court of Nisi Prius. In
equity. The city of Philadelphia is, beyond
all question, a municipal corporation; that is,
a nubile corporation created by the govern
inCnt for politcal purposes, and having sabot.-
ellitate and local powers of legislation. 2 Kent.,
Comm., 975—an incorporation of persons,
inhabitants, of a particular plan, or
connected with a particular district,
enabling them to conduct its social
Civil government. (How. Max. Corp. 1.)
It is merely an agency initiated by the
sovereign for the purpose of carrying out in
detail the objects of governments—essentially
a movable agency, having no vested right to
any of its powers or functions—the charter or
act of erection being in no sense a contract
with the State, and therefore fully subject
to the control of the Legislature,
who may enlarge or diminish its
territorial extent or its functions,
may change or modify its internal arrange
ment, or destroy its very existence, with the
mere breath of arbitrary discretion. Sic vole,
skit/bee—that is all the sovereign authority
need say. This much is underivable and has
not been derived. That while it thus exists in
subjection to the, will , of the sovereign, it en
joys the rights and is subject to the liabilities
of any other corporation, public or private,
is equally undoubted. This was the
very .object of making it a body politic,
giving it a legal' entity and name, a seal
by which to act in solemn form, a capacity , to
contract and be contracted with, to sue and be
sued, a persona standi in judices, to hold and
dispose of property, and thereby to .acquire
rights and incur responsibilities. These fran
chises were conferred upon it for the purpose
of enabling it the' better to effect the main de
sign of its institution, the exercise of certain
of the powers of government, subordinate
to the Legislature, over a certain part of the
territory of the State.: But all this affects its
relations to - other, persons, natural or arti
ficial; it does not touch its relation to the
State, its creator. It is nothing to the pur
pose, then to show that a city may act hi cer
tai.n. particulars , as a private corpora
tion—may make contracts as such, and
that it cannot impair the obligation
df a contract entered into by • it in that
capacity because it may deem it for the benefit
of its citizens to do so ; nor is it in . the power
of the Legislature, under the provisions of
the Constitution, to authorize the violation of
such a ,contract. •Western Saving Fund So
ciety vs. City of Philadelphia, 7 Casey, 176,
185. It is equally aside from any question re•
speeting its essential nature and subjection to
the sovereign will to discuss its liabilities for
the nets or neglects of. its officers or agents,
or whether it con rightly be made or has been
made responsible for such as are not an
pointed or selected by itself, but by the State,
or in some special modeprovided by the State.
Mayor vs. Bally, 2 Dente. 433; • Pruther vs.
City, 13 B. Mansor, 559; Alcorn vs. The City,
S. Wright, 348. The sovereign may continue
its corporate existence, and yet assume or re
ceive the appointment of all its officers or agents
into, ts own bands ; for the power which can
create and destroy can modify and change.
Indeed, the Legislature of this Common
wealth, under the Constitution, could not by
contract invest any municipal corporation with
an irrevocable franChise of government over
any part of its territory. It cannot alienate,
any part of the Legislative power,whieh by the
Constitution is vested in a General Assembly
• already convened. Parker 1,-s: the Common
wealth, 6 Barr, 607. If the Legislature wish
to attempt •to erect a municipality • with a
special provision that its charter should be
unchangeable or irrevocable, such provision
would be a nullity ; for acts of Parliament de
rogatory from the power of subsequent
Parliaments bind not. Blackst. Corn., 90.
That Such political institutions have not and
cannot have any vested rights as against the
State is strikingly illustrated and exemplified
in the Borough of Dunmore's Appeal, 2 P. F.
Smith. 374, when it was held by this Court that
municipal corporations, being creatures of
legislation, have no constitutional guarantee
of trial by jury : and such trial may be denied
them.
Such a municipal corporation may be a trus
tee under the grant or will of an individual or
private corporation, but only as it seems for
public purposes germane to its objects. The
Mayor vs. Elliott, 3 Rawle, 170. Cresson's
Appeal, 6 Casey,437. Vidal vs. Mayor, 2 How
ard, 127. I am aware that it has been said by
high authority in England that it may take
and hold in trust for purposes altogether
private. The Mayor vs. Gloneester, 1 Haute
of Lads, 285. But the administration of such
trusts, and the consequent liabilities incurred,
are altogether inconsistent with the public
duties imposed upon the municipality. It
could hardly be pretended, I think, in this
country that it could be a trustee for the sepa
rate use of a married woman, - to educate the
children of adonor or testator, or to acenmulate
for• the benefit of particular persons.lt certainly
is not compellable to execute such trusts, nor
does it seem competent to accept and adminis
ter. them. The trusts held by the city of
Philadelphia, which are enumerated in the bill
before us, arc germane to its objects. They
are charities, and all charities are in some sense
public. it a trust is for any particular persons,
a is not a charity. Indefiniteness is of its es
sence. The objects to be benefited are strangers
to the donor or testator. The widening and
improvement of streets and avenues, planting
them with ornamental and shade trees, the
education of orphans, the building of school
houses, the assistance and encouragement of
young mechanics, rewarding . ingennity in the
useful arts, the establishment and support of
hospitals, the distribution of soup, bread, and
fuel to the necessitous, are objects within the
general scope and purposes of the muni
cipality. The king himself may be a trustee,
though he cannot be reached by the process
of any court without his consent, Hill on
Trustees, 49. And so may the State, though, as
I take it, under the Constitution only, for ob
jects germane to the purposes of government.
The Government of the United States has
accepted and administered such a
trust under the will of James
`Smithson, ""for the promotion . of knowledge
among men.". When, -therefore, the donors
or teStalb - Ribf these funds granted
or devised them in trust to the municipality,
they intint be held to have done so with the
full knowledge that their trustee so
selected .was a mere creature of the
State, agent acting • under a revo
cable power. Substantially they trusted
the'gOod faith of the sovereign. It is'plain—
too plain, indeed, for argument—that the cor
poration, by accepting such trusts, could not
thereby invest itself with any immunity from
legislative action. Such an act conld not
change its essential nature. It is surely not
competent for a mere municipal organization,
which is made a trustee of charity, to set up a
vested right in that character tO maintain such
organization in the form in which it existed
when the triot IV 11.8 created, and thereby pre
vent the State from changing it as the puhlic
interests may require. Montpelier vs. East
Montpelier, 2U Vermont, 31. This whole rifles
tien is pet at rest, and that as to one of 'the
moStimportant of these trusts, and 'tis to this
trustee, by the opinion of the Supreme Court
of Om United States in I.4irard , vs.
Ileiladolphia 7 Wallace, 14: ,4 11 t clan
.not admit .of a doubt,: , says Mr.
JUStiCO Gri ((That where there is a valid
devise to a corporation, in trust for charitable
purposes, unaffected by any question as to its
validity because of superstition, thesovereign
way interpose to enforce the execution of the
• trosts, either by changing the, administrator,
if the corporation do dissolved, or, if not, by
modifying or enlarging its frit achise4, pro.
yid& the trust be not *Perverted, and no
wrong done tritha' triltirifititarbliii' Where the
trnstee is. si,eorporation rus ,modifletation Or Its
fballarite br `, change • In
identity remai ns, can affect its rights to hold
Koperty devised to it Ibr any purNse.
With eqrial plausibility Might it be
pretended that the. aosseptance by the
govertment of the United States of the be
quest of James Ihriltbsotilitnited the poWer of
amendment contained in the Federal Consti..
tattoo. If it could have such effort, the only,
togical consequence would be that the accept
anee of tbe trust would be ultra aids, anti void':
and so if the acceptance of a trust by a muni
cipal. corporation can operate to impair the
power of the sovereign over it as such, the ac
ceptance is a nullity.
In consistency with these views; for whioh
I have forborne to cite mos, which might;
however, be heaped up tol nauseam, on what
principle can the act of June 1860 (Pamplit
L., 1 216), be declared unconstitutional? It
provides merely that one class of the 'func
tions of the municipality shall be admitils
teredln a manner different from that which
has been used heretofore. The head and
front of its offending bath this extent—no
more. leis a change in internal organization.
It provides a separate body of citizens for the
atiministration,of the trusts vested in the city.
It makes that body a permanent one—holding
their office during good behavior. It imposes
upon it all the duties devolved on the corpo
ration itself as trustee. It perverts no one of
the trusts: it does wrong to none of the bone
ficiaries. We have nothing to do with the
wisdom of the measure—with the policy of
having such a board, dissociated from the
general ?government of the city, or with the
mode of its selection. Those are questions
exclusively for the Legislature. No one, I
think, can doubt that it was entirely com
petent for that authority to vest the entire
management and control of all municipal af
fairs in just such a body as that constituted by
this act. If they could do the greater, they
can do the less. They could make a similar
provision for any other department of the
municipality. They might establish a board
of police, of highways, of sewerage, of clean
sing. They have otten done so. The depart
ments of the prison, of health, of the poor,
and of the public schools have been placed in
the hands of bodies of melt constituted
and appointed just as is "The Board •of
Directdrs of City Trusts," and • no
ono has ever thought of , questioning
the constitutionality of these several acts of
the Legislature. For if the Legislature, acting
for the State, can resume all the franchises of
the municipality into its own hands, which is
a conceded. premise, it can certainly resume
any part. Opine mains continet in se minus.
It is said, however, that as to some of ithe
trusts under the will of Stephen Girard, there
was a contract which the Legislature cannot
constitutionally impair. If this were so, it
would be no valid ground for declaring the act
void as to all the other trusts. But there is no
such contract impaired by this act. Mr. Girard
left three hundred thousand dollars to the
Commonwealth, to be applied to the pur
poses of internal navigation, on the condition
that certain laws should be passed as to Dela
ware avenue Water street and wooden or
brick-paved buildings. The money was ac
cepted and the laws were rimed. They stand,
unchanged and unrepealed on the statute
hook. No alteration or modification of them
by any of the provisions of this act has been
or can be pointed out. It is a contract, if a
contract at all, completely executed and ful
filled on both sides. ,
It remains to consider one more ground of
objection to thissact. Ulm seriously and earn
estly contended that it is in contravention of
the eleventh section of the ninth article of the
Constitution, which declares " that all courts
shall be open, and every man, for an injury
done him In his lands, goods, person, or repu
tation, shall have remedy by the due course of
law, and right sited juStice administered with
out sale, denial or delay." It is supposed, if I
understand the argument, aright, that because
the Judges of this Court, and of the District
Court and the Court of Cornmon Pleas of
Philadelphia are vested with the function of
appointing the Directors of the City Trusts, of
displacing them if unfaithful, and of filling
vacancies, they are thereby rendered in
competent to decide any controversies
which may arise out of the • manage
ment of the Trusts by them: It is said they are
thereby Made judges in their own cause. Con
ceding it to be unconstitutional for the Legis
lature to make a man .a judge in a case
in which he is a party litigant, it is not
easy to commehend how it reaches this act.
As was well said in the argument, this very
proceeding is a practical refutaticin of the idea
that this Court or any other Court is not open
to these plaintiffs. or anybody else who may
have just cause of action at law or in equity
against this Board of City Trusts. Nay, can
any one doubt that this proceeding might
have been anticipated in limhie, and a bill tiled
against the Board of Appointment itself to
irdoin it from proceeding to obey the behests .
of the Legislature? A judge who is actually
a trustee of a charity may from delicady de
cline to sit in a case in which he is a party as
such, but surely, as he haS no pecuniary inte
rest in the result, there is no moral, or legal
reason why he Shouldnot. If it is necessary,
it is his duty to do so. I have no doubt it has
,been often done, but I will mention one in
stance within my own experience. The city
of Philadelphia, in 1859 tiled a claim for taxes
against the building occupied by the Ameri
can Philosophical Society, on independence
Square, 'under a grant from the Cothmon
wealth, and issued a seire facias thereon in the
District Court for the city and county of
Philadelphia, and it was necessary that the
Court should decide *upon the liability of the
Society to pay those taxes. My brother Hare
and myself were both members of the Society,
and would gladly have excused ourselves from
taking any part in the decision. But it was
impossible. Without one of us at least,there
could have been no Court. We heard and de.;
eided the case in favor of the Society, and that
judgment Was :thinned by this Court. G ity of
Philadelplua vs. - thirAotertean PhllosophiCal .So
ciety. Wright 9; The true rule unquiaition
ably is that whenever it becomes necessary
fora judge to sit even where he has an inte
rest,
when 'no provision is made for calling
another in, or when no' one else can take his
place, it is his duty to hear and decide, how
ever disagreeable it may be. The rights of the
other party require it. 2 Rail., Abr. 93.
Drines vs. Grand Junction Railroad, 3 House
Of Lords' Cases, 759. ' The act of Assembly of
April 14, 1834, section 37 (pamphlet L, 3491,
makes provision for special courts in four
eases specified : When the President Judge is
personally interested in the event of
any cause depending: when the
title of either party is derived from
or through him, or when ho holds under the
same title; when any near relation of the
President shall be a party or interested; or
wherever he has been attorney or counsel for
either party in the case, or any other case
touching the same subject matter. And by
the eighth section of the act of April 4, 184.1
(pamphlet L, 133), the provisions of the act of
1834, above referred to, are extended to the
judges of the Orphans' Court, Register's
Court,Qnarter Sessions or Oyer and Terminer.
It will be observed that thecase of a judge be
ing a nominal party is not specified as a dis
qualification' unless ho,, is personally inter
ested. This Court has held that an objection
to competency, under the act for the establish
ment of special courts, must be addressed to
the discretion of the judge himself, and his de
cision is not reviewable on a writ of error.
Barrington vs. Bank of Wallibigton 14 S. and
R., 405; Ellmaker vs. Buckley,l6' S. and It.
72 ; Plithaleiphia Library Company vs. Inghani, 1
Wharton, 72. "Thia, o said Gibson, C. J., "is
conformably to the principle of the common
law, which exempts ajudge from challenge."
That a judge is one of the trustees of a charity
is no disqualification, much less when he
merely appoints such trustees. No one ever
heard before that he was disqualified to act in
the case of a trustee of his own appointment.
In the case directly before us there is nothing
in the position of the judges as members of the
board of appointment which could possiblyin
fluence their opinion, or prevent a fair and
impartial consideration and decision of any
cause which might grow out of their proceed
lags.
Decree affirmed and appeal dismeised at the
costa of the appellants.
—A spiritual medium in this city declares
that "PhoP Fly" :was &nposed by Ityron's
ghost, and dedicated to Ifarriot Ileeohor
litowe.--N. Y. Gum. Advertiser.
IL' .g DAILY, ,EV rang (.1 BIJLLETAN--THILA.DEII'iii A, I ,llOktiDA,Y,,, VES VARY . 17,1870.
iimvenniiente.
—Mn'. hayer/ of tim, *roll Street
- Theatre botrtpatwit i retitmetr her - ' benefit ;for
Wednesday evertin , the, Ztaitt
'W, with h
capital bill. Kra. ayer hardly needs to be
recommended to the publitts hut we may Pity
that 118 a most excellent, faithful _and !popular
artist, she deserves to have it crowded bottse.
—A performance will be given this' evening
at the Circus, Tenth and Cant:whin streets.
Flenrietta, the famous eqttestrian, will
appear with the company.
--At the Walnut Street Theatre, this even
ing, Kr. Edwin Adams will appear to The
Demi Heart. . .
—At the firth, this evening, Little Brely will
be pfesented. -To-morrow night Mr. A. R:
Brady will have a benefit iwiefferfffiedif's Prietul.
On Saturday night Mr. Sam. ample has a
benefit in a first-rate bill.
Mr. Frank Mayo will appear at the Chest
nut this evening as" Badger;" in the drama,
The Streets of /Veto York.
—A miscellaneous entertainment will be
given at the American Theatre this evening.
. —Messrs. Carncross & Dixey offer a first•
rate bill at the Eleventh Street Opera House
to-night. The Live Indian," The Wonders et
Electricity," arid The Coopers are among the
attractions.
—A series of pictures, representing scenes
from the "Pilgrim's Progress," will be ex
hibited and explained at Concert Hall this
evening. The entertainment promises to be
unusually interesting.
--Signor Blitz will give an - exhibition of
magic and legerdemain at Assembly Build
ings this evening and on Saturday after
noons.
—A first-class minstrel entertainment swill
be given by Messrs. Duprey & Benedict, at
the Seventh Street Opera House,this evening.
—The Talma Dramatic Association give a
dramatic entertainment to-morrow (Frldiy)
evening, at the Amateurs' Drawing Room,
Seventeenth street, above Chestnut, for the
benefit of the University Hospital. See ad
vertisement.
—Horace Greeley will lecture at • the Acad
emy on the 224 Met., on " The Woman Ques
tion.
CITY BULLETIN.
DEaritvctivE FIRE.
An Extensive Cotton Mill Partly Earned.
This morning about a quarter past nine
o'clock a fire broke out in the extensive cotton
manufactory of James P. Bruner & Sous, at
Twenty-fourth and Hamilton streets. The
establishment occupies nearly the entire block
bounded by Twenty-third, Hamilton, Twenty
fourth and Linn streets. There are what is
known as the "Old Mill" and the "New
Mill." •,,The• old mill is of stone, titre stories in
height, and is on the corner of Twenty-third
and Ilaniilton tits., fronting On the latter., The
new mill adjoins the old mill on Hamilton st.,
extending about half way to Twenty-fourth
street. It then runs back to Linn street- and
along the latter to Twenty-third. A portion
of this mill is five stories• in height, and the
western wing, near Linn street, is seven
Stories. The new mill is of pressed brick.
The flames first made their appearance in
the third story of the wing of the new mill
nearest to Twenty-fourth street, and spread
rapidly, owing to the inflammable character
of the contents of the building.
The alarm was'giVen and the Fire Depart
ment was soon upon the ground: At first
there was some difficulty experienced, in ob
taining a sufficient supply of water, and in the
meantime the' flames were leaping frOm room
to room and from story to story, shooting out
of the windows high into the air, making a
fearftil scene.
The firemen, however,got to work in
• earnest. The building in which the fire origi
nated could not well.be saved, and attention
was turned to the adjoining mills.
The fire burned furiously for nearly two
hours, threatening the destruction of the en
tire establishment; but the firemen finally got
the best of the matter,and succeeded in check
ing the devouring element when not more
than about one-half of the place had been
burned.
The stone or old mill was not damaged, ex
cept slightly by water, on the Hamilton street
side. The portion of the new reillenTwenty
third and Linn streets was not injured. The
western wing, comprising the five-stOried
brick building on Hamilton street,and extend
ing back and including the 'seven-Storied
portion near to. Linn street, were almost en
tirely destroyed. The machinery was ruined,
and the stock of material and ready made
goods was mostly burned.
West of the new mill, on Hamilton street,
are two three-and-a-half storied stone struc
tures, used for sforage,purposes. The eastern
most building had the roof partly destroyed,
but otherwise only suffered from water. The
western building, at the corner of Twenty
fourth street, was uninjured.
On SprinteMill court, running east, from
Twenty-fourth street, below Hamilton is a
row of tenement - houses. The buildings
were not injured, but the furniture of the oc•
cupants was hastily removed, and was greatly
damaged.
The Insurance Patrol under Capt. Meo usker
and a large force of...policemen under Awistant
Fire Marshal Randall, were upon the ground
and succeeded in saving a considerable
amount of stock from the burning buildings.
The mills were only partly'in operation, and
the number of hands employed at the pre3ent
time did not exceed one hundred.
The establishment had been under seizure
by the Sheriff,but by an arrangement between
the plaintifts in the snit and the Sheriff the
deputy had been withdrawn from the premises
preViouS to the breaking out of the fire.
The following Is a list of the insurances on
the property burned
MACINKIRY.
'Security, lit New York ii 000
North,Amerienn, of Hartford 1,500
Albany Uity 2,500
North firitish 7,500
Hoerr Williams, of Providence 5,000
North British 15,000
gliel'D 10)0
tAtizens', of New York s
Merchants', of Chteago ^ 500
•
Union Mutual, Philadelphia 2,500
Merchants' and Mechanics', of Baltonore 2.500
National, of Baltimore 2,500
Hartford 2,500
insurance Company of North America 5,000
Reliance 5,000
' Standard, of NOW York 5,000
Excelsior. of N. Y 5,000
Fulton, of N. 'V 5,000
National, of Boston 5,000
It tautly. of Providence 5.000
Arctic,of N. 5,000
. are Fire, of Hartford 2,500
ele'veland 2,500
MEM
North British 1925,000
%timbal tan, of New York 7,500
Springfield, of 3fastatelittsette 7,500
N instant, of New York 5,000
Lorillard, Of New York 5,000
United Stutee, of Baltimore 5,000
Plgenix . of New York ' 5,000
Narraaansett, of Providently 5,1M0
Pliemix, of Hartford 5.000
!Etna, ot Hartford 5,000
Oily, -of Hartford 2,500
North America, of Hartford2,soo
Merchants', of Hartiord 2,500
CM=
. _
. $
Becnrity,of 1443 W York 4,000
North American, of Hartford. 1,0130
Home, New York 10,000
Tratteemon'a, New York 5,000
sterebante', of Providence, H. I 5,000
Imperial, of Iralon 700
l'lremen'e, of ew York 6,000
Providence,of Providence, 8.1 2,500
Lorillard, of New York 5,000
Liverpool. of London 10,000
Albany City 2,500
.
Commonwealth, of Now York 6,000
North British7,6oo
,
Rot al. 15,000
Union Mutual, of Philadelphia 2,500
Fartner'e 'Mutual, of New York 2,600
Tots) $90,000
The members of the firm could not snake any
estimate of their loss ; and in regard to the in
surance, state that they have sufficient to .
cover the loss.
The entire establishment, buildings, machi
nery and fiktures, cost about :.•6.10,(N)O. Only
about one-third of the place was destroyed,
however.
DOVIILE ° n —VV as ngton .Winters
was arrested yesterday by Policemen Lukens
and Bird, of the Eleventh District, upon the
charge of assault and battery and highway
robbery. It is alleged that on Tuesday night,
at Fourth and Norris streets, ho knocked
down a man named Taylor, and stole his
poeket-book. He will have a hearing at the
Central Station this afternoon.
MettlerAtm -or Muls BUHAlWOAvrott.—The
nuptials Of Mhi Btfslllt ,Agilei ?Onion, and
Alfred Kelleher took place, tido morning, 1
the-Cathedrati-'*fr,KellehltrNtitivatitsoflottt
Mr, Whiflin, and . :Miss )..Galtoti. by bin. sister
Blanette. The Key, Father noted a.
officiating elergyfflatt.' MISS Ottsan .Gaitoti
was attired in a pearl-ooloredsilk dross,
with .pailier skirt, and a hat of thd
same . color. Her hair watt . !wise
and 'flowing . down , her , Itaok. Mr;
Kelleher hail on light pantit, 'black
Coat and blue cravat. Mr. M leliaol IL Moss, thd
organist, performed the following line 01,1001
tions tr , " Hark! the Marriage Bell," " The
Coronation Mareh," froth the Prophot• Lan
dau rtfrhi Doniintini, by Vogler Veni itneff,
by ilarnby; Alma Virgo, by Mom Mel. The
nuptial mass was then performed, and Mon
delmohn's " Wedding Maroh " was played by
the organist, a ft er which the bridal party left
the church. Between two and throe thousand
persons were present in the cathedral during
the ceremony.
NO EXPLOSION.— We have received a note
from M. blilas• Feller, 924 Spring Garden
street, denying the statement that there was
an explosion at his place. Mr. Fuller says:
" I. No lamp exploded in my store or in any
store containing Combination burning fluid ;
and further, I will give any one one thousand
dollars to explode my Combination fluid in
any lanip.
"2. Robert M. Evaus,Coal Oil Inspector s had
me arrested under the Coal Oil law, and my
trial was before Judge Ludlow, and I was
fully and entirely acquitted. I then brought
suit against Robert M. Evans and his sureties
for damages sustained from his unlawful act
in the Supreme Court of this State, and that
Case lam pressing to trial that I may have
justice done me.
SILAS FULLES "'"''''- ',^ garden street."
LARCENIES.- A. uu,y, wooed Michael Cra
ven, was arrested yesterday upon the charge
of having been concerned in the larceny of
brooms, from the store of Hartman Sc 1111-
linger, Third street, above Arch. He will
have a hearing at the Central Station this
.afternoon.
John May, a youth, charged with the lar
ceny of a box of goods from the front Of a
store at Front street and Elfroth's alley, will
have a hearing this afternoon, at the Central
Station.
k SUDDEN vat. named,Sliep
yard was found dead in bed at Robinson's
Temperance House, No. 422 South Front
street, this morning. He had been in the ma
rine service, and was discharged about a Mouth'
ago. Since that time he has been drinking
freely, and yesterday was taken by Cbaties
Heritage from Quigley.'s Hotel, on Front
street, below South, to Robinson's place. The
Coroner held an inquest, and the verdict of
the jury was death frnm d"hiltty.
tiEnrous morning, about
half-past eleven o'clock, Mrs. Cunoo, residing
N. W. corner Eighth and Christian streets.
was naught in the machinery at Lagomarsino
Sr Cuneo's mill, Eighth and Christian streets.
She was Caught by the hair and had her scalp
torn oft. ,
CIWYLTY TO ANIMALS.—TIIoma4 Simkins,
a Jersey charcoal man, was arrested yesterday .
at Thirteenth and Callowhill streets for
cruelty to animals. He had two horses, which
wereseareely.able to walk,and their shoulders
were very sore. Simkins was fined by Aid.
MaSSCy.
'CHARGED WITH Fon()Env.—tleorge Roth,
of Bethlehem, was before AM. Tolaud yester
day upon the charge of forgery. It is alleged
that he forged an endorsement on a note and
'pall it out for a horse: He was held in 5800
bail to answer.
ACCIDENT TO A PolacEmAN.--.Joseph Ball,
a Policeman of the Sixth District,was passing
along Sixth street, near Shippen, on his way
home yesterday, when his revolver was acci
dentally discharged in• his pocket. .The ball
entered his thigh, causing a serious wound,
FELL FROM Atri es McCandless,
residing at 4710 Main street; Germantown,
roll from a ladder, at 'Ninth and Walnut
streets, this morning, and sprained his ankle.
He was taken to the Pennsylvania Hospital.
NEW BUILDIN'a ASHOCTATION.—The Good
Hope Building AsSociation will hold a meeting
the: evening, at the northwest corner of Tenth
anti Spring Garden street:4i, for the purpose of
receiving subscriptions to the stork.
CITY 'I4OTICEB.
Spit INA; -1570.-
Cit *rox
hes open for inspection the new style , MAteriAls for
thrift% weer for the routing Seolfloll,rtt
N 0.824 CHESTNUT STREET
Prices groatly red wed
_
To UONSUMPyIvF.B.—MANY GAVE
harpy to give their testimony in favor of the nee of
" Wither's Pore Cod Liver Ois and Lime. Experience
ban proved it to be a valuable remedy for Conenmptiou.
Asthma, Diplitheria, and all diseases of the Throat awl
-Lungs. Manufactured only by A. B. MrtLsoli , Chemist,
No. ICsf Court street, Boston. Sold by druggists gene•
rally.
BURNETI ° B FLORIMEL iS distilled from the
rarest flowery.
BELMBOLD'S EXTRACT Buonv and IM
PROVED Roßic WAsn cures secret and delicate disorders
in all their stages, at little expense, little or no charge
in diet, no inconvenience and no exposure. It is pleas
ant in taste and odor, immediate in iteaction, and free
from all injurious properties.
Omiroim's stock aline Hats and Caps are
selling lower than any in the city.
Go and get a bargain. •
Stores, under the Continental.
W. H. CARRVI. (formerly of 719 Chestnut
street) has resumed the Curtain bllflifl44ll9 with bls Bonn,
and invites attention to their vow stuck of Curtain Mate
rials and Railroad Supplies, at 7J3 Chestnut street, two
(100f1 above our old stand.
W. 11. Cann.4l. & Soros.
723 Chestnut street.
FOR NON-RETENTioN OR INCONTINENCIt
of Urine, irritation, inflammation, or ulceration of the
blmider,or kidneys, diseases of the prostate glands,
stone in the bladder, calculus. gravel or brick-0 net de
posits, and all diseases of the bladder, kidneys and
dropsiiml swell ing,s,
Eltmunot FLUID EXTRACT BUCIZU.
BELMROLD'S EXTRACT BUCITU gives health
nod }lgor to the frame and bloom to the pallid cheek.
'Debility le occompunied by many alarming eynaptoulu,
and If no treatment iA eubmittoll to, conenmption, in•
unity, or epileptic fib, emnin.
DEAFNESS, -BLIND:I . ..MSS AND CATARRH
treated with the ntmont HIIeCCIIS, by J. ISA AC'S M. D.,
and Profeatior of Di. , eases of the Eye and Ear l as SptCl
- in the 11Ted ical College of l'i•nnsylvanda s ks wars ex
per; once.Wo. eneArch etreet. Terthnonials can be seen
at hie Wilco. The medical facility aro invited to ac
company their patlente, an ho liae no secrets in hie prac
tice. Artificial eyes inverted withont pain. No charge
for examination.
LADIES' HATS. M HATEL—The most
eNtolibite of yleti, yßllln i at price') lower than eleewhere.
Omuronn's,
tinder the Continental.
t.lllllOl .D'S FLUID EXTRACT Bvcm is
pleasant in taste and odor. free from all injurione
properties, and immediate in its action.
00.11148, ihiniollB, Inverted Nab, ekillfaft:
treated by Dr. J. Davidson, No. WI (Thestnut erect.
()bargee moderate.
1 4 ::ZIFEEDLED AND DMI I ICATIC CONSTITU ,
dons. of bulb sexes, nee RELYIDOLTO6 EXTRACT Booty.
It will give brisk and energetic feelings, and enable you
to sleep well.
TAKE NO MORE UNPLNASANT AND UNNAFE
remedies for.unpleasant and dangerous diseases. Use
tintunoLn's 'EXTRACT BUCIIII AND IMPROVED BOER
WAHR.
JUDICIOUS MOTHERS and nurses MO for
ahiklron a safe and nloalsant median° in Bown't leans
SVATTEIVED CONSTITUTIONS RESTORED BY
IIItLXIDOLD'S 'EXTRACT ECCUU.
PRE GLORY OF MAN IS 811W:it:T1t—There-
Tore the nerenne and debilitated should immediately use
ItimunoLc's F,xTu Buenu.
HELMBOLD ' S CONCENTRATED EXTRACT
pvcvlu
D the Great Diuretic.
CONCHNTRATED EXTRACT SA 11.5APA
RILL&
It. the Great Blood Purifier.
Both aro prepared according to rules of Pharmacy
and Chemistry, and are the moat active that can be
made.
BIIIMICAL INSTRUMENTS and draggiata' wan
dries. ,‘
FINOWDRN at. BILOTICRIL,
VI Smith 10Ighth street.
tp eases of Oharepagne, sparkling Catawba and Wl
forma Winos, Port, Madeira, Cherry, Slanelea asul Bards
Orris Born, fine old Broadtail and Whiskies, Wholesale
anti Retail, _ P..J. JOTIDAW, CM Pear street,
Below Third and Wakant stream, and above Dodk
treat 4974
LADIES' DItESS GOODS.
thinVl 0 VALI
ritB ; A; IL OItAtIAIPA
raet Manufactory and
loop Skirt and Variety
Store,
From No.lot N. Eighth
No. 187 N. Ellightlta AL,
East Etdo, obovedlrott.
&It lid_
Grand Opening of Spring,Fashions
1% IMIPOUTED PAPEIS IPATTEMNO.
I tabaday, March tall, 1810.
The told artobnehod and only reliable Patief Patterns
Press and Cloak Making Smporium.
Dresses made to fit with ease and elegancy on 24 hours'
n otice.
Mrs. M. A.MlNDNB'Stecent visit to Paris numbing
her to receive Paelnona , runinfuste and Vans)) , (foods
superior to anything in t country. Now In &alga,
moderate in price.
4 perfect system of Dress (Jutting taught.
uniting,' Basting, Pinking.
Fashion Hooke and Goilioritur Machines for sale.
Debi of Patton' for Merchants, and Dress Makers now
ready at
MRS. M. A. BINDER'S,
1101, N. W. oor. Eleventh end Chestnut Ste.
Carefully note the name. and number to , avoid being
deceived. in 23 tf r
REMOVALS.
ALTEMUS & CO.,
13 4 0 IK-T1 N Fl S
AND
Photograph Album Manufacturers,
llaviug removed their Storeroom and Office to
No. 206 NORTH FOURTH STREET,
(Finer FLOOR),
AND
Introduced Improved Steam Machinery
lute their Bindery, are prepared to MI all orders in
their line at the lowest rave coital:dont with good
work, and at the phortrat notice.
They will have conetantly on hand
A.Full Stock of Blank Books, Commercial
• Stationery
'And Photograph Albums,
TO which they invite the attention of buyere.,
Nolo litannfaetarere of the Patent Mime
Raek Albums.
fr4•)mr F•
MISCELLANEOUS.
A 13 IRONIC, AC
MINERAL SPRING WATER
Pamphlets giving analysis, certificates of "Cniinent
Physicians and other gennemetr may be had of our
Wholesale Agent•,
JOHN WYETH & BRO.,
D lats.
1412 Walnut Street, Philadelphia.
fe32 I to tb atnro
LAW AND PATENT OFFICES.
FRANCIS D. PASTORIUS,
. .
Attornepat-Lerw,
SOLICITOR OF PATENTS,
No. 418 WALNUT STREET.
PATENTS PROCERIED FOR IN VENTIONS
And all busineas relating to the tame promptly tram'
acted. Cull or Fend for Circular on Patents.
rab2o-a to th lirt4
FRED. SYLVESTER,
REAL. ESTATE BROKER,
20S SOUTH FOURTH STREET,
del7-Iyra
cordage Manufacturers and Dealers In
..
23 N. Water Strad and 22 N. Dthneare Avenue,
PHILADILPHIA.
EDWIN R. irtinma. CONRAD E. CLOTHIER
.dir7s R. LEIGH'S IMPROVE * HARD
Rubber Truss never rusts, breaks or soils,
used In bathing ; Supporters, Mastic Belts,
btodtblifti_all kWh of Trusses and Braces.
SI
Ladles *trended to by RS. LRIGR &TID aheetuut, sea.
d plot"? not 1 k
nIGHWAY DEPARTMENT.
1 EPARTMENT . 1.1.1 OHWA YB,
BRIDGES, SEWERS, Bcc.—OFFICE
OF CHIEF COMMISSIONER, NO.. 104
SOUTH FIFTH Street.
PuThArmt,rut A, February 17, 1870.
NOTICE TO CONTRACTORS.
SEALED PROPOSALS will be received
at the office of the Chief Commissioner of
Highways until 12 o'clock M. on MONDAY,
21st just ..for the construction of apewer on the
line of Haines street, from Twelfth to the east
enrb-lino of Thirteenth street, of two feet six
inches in diameter; on Hare street, from the
sewer in Twenty-fourth street to Ringgold
street, thence on Ringgekl street to within
eighty feet of the south line of Brown street,
ot' three feet diameter : on Thirty-eighth street,
from Walnut to Locust streets, thence on Lo
cust street to Thirty-ninth street, of 3 feet di
ameter. With such num-boles as may be di
reeted by the Chief Engineer and Surveyor.
The understanding to 'tat that the Sewers here
in advertised, arc to be completed on or
before the 31st day of December, 1870. And
the Contractor shall take bilis prepared against
the property fronting on said Sewers to the
amount of one dollar and fifty cents for each
lineal foot of front on each side of the street as
so much cash paid; the balance, as limited by
Ordinance, to be paid by the City; and the
Contractor will be required to keep the street
and sewer in good order for three years after
the sewer is finished.
When the street is occupied by a City Pas
senger 'Railroad track, the Sower shall be con
structed along side of said track in such man
ner as not to obstruct or interfere with thesafe
passage of the ears thereon ; and no claim for
remuneration shall be paid the Contractor by
the company using said track, as specified in
act of Assembly approved May Bth, 1866.
Each proposal will be accompanied by a cer
tificate that a Bond has been filed in the Law
Department as directed by Ordinance of May
'2sth, 1860. If the lowest bidder shall not exe
cute a contract within five days after the work
is awarded, he will be deemed as declining,
and will be held liable on his bond for the dif
ference between his' bid and the next lowest
bidder. Specifications may be had at the Depart
'Tient of' bm - veys,which will be strictly adhered
to. The Department of Highways reserves
the right to reject all bids not deemed satis
factory.
All bidders may be present at the time and
place of opening the said Proposals. No al
lowance will be made for Rock excavation
unless by special contract.
MAHLON H.. DICKINSON,
fel7-3t4 Chief Commissioner of Hialivra •
LEGAL NOTICES.
ILATHE ORPHANS' COURT FOR THE
City and County of Philadclphia.—Detato orLoinsit
STEYENS. decM.—Tho Auditor appointed by the
Court to audit Bottle and mijuet the find and final ac
count of 'ELIJAH THOMAS, Execittor of LOUISA
SVEVIONti, deceased. and to report dietribution of the
balenco in the betide of the accountant, will meet the
parties %turreted. for the purpoee of his appointm•ent,
on MONDAY ,February 28th. DiM, at 4 o'clock .1.. M..
et bin office, No. HS - South Fifth street, in the - City of
Philadelphia.
fol 7 the to et wm. L. DENNIS. Auditor.
CHIJRCIf ALLEY, NO. 217, FOUR
'rastory brick Storehouse, with cellar. to rout by
H. MORRIS,
V. 17 St* 233 North Tenth stroot.
AM TO LET—SECOND-STORY FRONT
jallitootn.l324 elhootaut otrOot, about 20 a 23 feat.
• WWII° for nn oillco or light Minium.
pin aIT FAitit DILOTIIFIR.
• s
A • •• 1 w ig! : . •
Emtiraidering„Braiding,kitamplingit a n A
Al. A. orounET, own nlrmT.•
7 PER".:-..VENT:..-:1..;0LD,.:-00.503
AT 46,
FREE OF GOVERNMENT TRIC,
0381 1 / 1 1111 SY TUX
Burlington, Cedar 'taplds and Min
nesota Railroad . Company',
First Mortgage and Convertibilo.
AND PROTROTIAD Br A
SIThING
Interest Payable In Coin at New York or
Loudon. .Prinelpal Payable Ilia
tote to Flay Wears.
Timarraiss.
J. EDGAR THOMPSON, President Pears.
Sylvania Railroad Company.
CHAS. L. PROST, President Toledo, Peoria
and Warsaw Railroad Company.
Theee Bonds, at present price of gold, yield °roc . 9 per
rent. Interest, and as an investment they are fully an
se.".nre as J. 8.5-70's, which now only psi kV per cull.
in currency.
They are only issued upon each section of the Road as
as fast as the same Is completed and in successful opera
tion. Over two and a half millions of dollars have beer
expet del on tho Road. Eighty •three Miles are shoat
completed and equipped. and already show large earn.
Inge ; and the remainder of the line is rapidly progress
big toward completion.
The State of lowa, through which this road runs, k
une of the ticheAc agricultural sections in America. Its
large population, extending with eurpriaing rapidity . .
and Its immense yield of grain, pork, wootand other ag
rieultural products, create. a pressing demand for the
construction Of this road, which agents the best possible
guarantee for the bondholders, especially 04 the line
runs through the wealthiest and most thickly populated
section of the State. •
The road aho rotas through the rich and growing St
/Ifirineyota. Reference' to the rasp of the United
Statelerill show that it trarersig the most enterprising
and growing Portion of the West, and forms one of the
great trunk tines ire direct communication toiedi New
YorL,Chieaso and St: Louis, being to the latter city
ninety riffles nearer from Northern lowa and aU por
Sons of the State Of lillon‘mota than by any other road
now built or prOlected, and also the neareet route from
Central and Southern lowa.
The road is opened for local traffic as rapidly as con
structed, and thus RECEIVES EARNING:ION ITS
COMPLETED SECTIONS o REATLY IN EXCESS
OF THE 4110 UNT NEEDED TO PAY THE IN
TEREST UPON ITS BONDS BEFORE THE
ROAD FINISIIED. The buyer el these Ronds vs
tharfcre guaronteed,hy great tusinces &ready in exist
ene, mi m e T od, ed th e , read, as well as Ili now curtest,
earnings, and has not to risk any of the . tontinceneiee
which always attend the opening of roads in a new and
unsettled country.
41. Molted quantity only of these. Bonds
are sow offered at 93.
Aftcr a thomngh inve,rigaiion of the above enter
prise, we recommend thee. Bond. s s a Arst-class invest •
ment.affording absolute safety , and paying an unusually
liberal rate of interest. All marketable securities at
their full price, tree of commission and express charges.
received in payment. Pamphlets and maps furnished
on application.
HENRY CLEWS 80 00.,
DAlli KERS,
No. 32 Wall Street,
UK
BOWEN & FOX,
NO. 13 MERCHANTS' EXCHANGE.
fell hurP
A FIRST CLASS SECURITY.
WE OFFER FOR SALE
$ 1,000,000
LOUISVILLE AND NASIIITILLE
RAILROAD
FIRST MORTGAGE SEVENS at &71.2
And Accrued Interest from Oct. i.
Length of Road 390
THE ROAD 18 COMPLETED AND FULLY EQUIP
PED AT AN ACTUAL COST OF OVER
*10,000,000,,
AND RAS PAID FROM 7 TO 8 PER. CENT. DIVI
DENDS ON ITS STOCK FOR THE PAST MORT
YEARS.
The Bonds are Coupons of $l,OOO each,
with' right of Registration.
$1,200,000 of the Bonds have been sold
already (one party taking $500,000 as a
permanent investment), and we have but
$1,000,000 on hand, which we oiler to in
vestors as a first-class security.
DREXEL & CO.,
No. 84 South Third Street.
f. 4 t f rrt
Seven Per Cent. First Mortgage Bonds
OF THE
WEST JERSEY RAILROAD CO.
The undersigned offer for sale a limited
amount of the Seven per Cent. First Mortgage
Bonds of the WY-ST JERSEY itAILROAD POll
- being the balance unsold of the whole
issue of fine Million Dollars. These bonds are
secured by a first mortgage upon the siity-thr'ee
miles of finished road, now in euceavyni operation
from Glassboro to Gape May, the stock of the Com
pang paying dividends of ten per cent. annually
and selling at a large premium.
We offer the bonds at ninety and accrete
interest from Octeber 1, 1869, to date of sale. •
c. A• U. HOME.,
No. 3 Merchants' Ea - claming°.
131t1EXEL dc
No. 34 South Third Street.
W. H. NEWBOLD. SON a- AIOUTSEN.
R. E. Cor. Dock and Walnut Streets.
JIM brim§
TD D .1N 41 6 . N D
Binge of solid LB karat fine Gold—a specialty; &full
emsortatent of oleos, and no chargo for engraving nanteli,
eta. FARR & BROTHM Blames.
inywn 88 tri4 ()heed:int stroot below Vorwtb,