OCR Interpretation

The New York herald. [volume] (New York [N.Y.]) 1840-1920, September 16, 1854, MORNING EDITION, Image 3

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Decision of the Supreme Court.
Supplemental Opinion by Judge Lowrie.
_ [**>? the Kris Observer. September 8 ]
_ _ OPIMOJ*. " |
i* ,, "' f' J ? Tbi" C4"* rv.) aires ?? to ffWc ? tm.
stvaetioa to the chart, r of ft private oorporuion rhe 1
f**<uua.y ?' aueh ca?es nelt*i ?><ne surprise when
that is act of laeorpiration t? an? aiw?y? B4at
be ln<erpi?ied bj a rule pr .in, le that no man whiter
Wl ?i""Hl?-.UUd or mUpoir iL
That which ? company ia sothoried io do bv it* ?at ?f
^?nd lhfc- " i? I w
* i irT"M"tb* '? ?lain or
~f7.' yt ??stained. In such mm. intnuuttv hu
_ iu.| 7? JV', ' *in** ??thtng can b? either proved
ftftM^Tkiri or .inferential reasoning. If yon
smUdT j ^ pri'^-. ib? ? ?"
iwiM? ' . Iy*i?Uture conferring then Falling
I?tuS.T P? "P r?1ur oUtal. for nothing elsi
*T*" you. A doubtful charter doe. not
SLttto^; sss." *,ttbt/ul to jecMiw,y ?ww
e0?M * "V ^ con'equeooe of
dUrefard of this principle, It i? not our
ttaanhfe. ^8.aM th4t m n# U7 *? it on
? T^eorp<,r irOM of th#
at?L!t i. ??f? ^ dlno^dience. We enforced it to the
atmast In the Bank of Pennsylvania ys. Tbe- Commou
g"?queh?nna Rai'roed Company vs. Sunbury
evl^T- 9^npM>7? lh# p?ctiaylvani? tUilroad
to. Franklin Coal Company, aad in feveral other ium
raL' iCaf*!!?" T b?Bch oeeuPi?d the same
SZrttr if. maintained by the "u pre me
ffntm ru<^ *nd i? mmy States of the
a5^ve^v\^i!!u.i 15* j,VU<* ?ndneoeiaity of it
^<?no-?ted<ed md acted upon. Mat we
1 "ub-i#*t OT*r ?gain. I'he Uw
UUrtii Ifna^r. ">? nameroaa au
?S i?k.w^.!' to be found in every book of report*,
?M Wtef tf t Z? b*8??* !? ; ">d the citizen whodoei
KTST'dZS^ 1 ?JonT?ce4 though one ro*e
> ??f e*'y, U, iherefore, not a dUBcult one.
Ifceir erdinar* ?barter, underrtood in
.? ercinaiy aenae, eover the acta oom plained of or if
* "'JJ*?'/ implicit len of the power to do those
i bT e4a.**^? nothing at our
a. ?v i- We eaqiot widen U|t limit* set
?MhetopriTifcya, Wrnue they kar* found them inoon
u atretch an ?^d D? "f* or ?nthority
MkeTncw JL i? iB00rP0r?tl0n than we hare to
fcd^inT^. . ? eith" .c*w' *? he usurping
UhiTS ^ ' , granting away from the ?Ute i^P
the^cuTef 0t MrUin 'treetn ia
ttefmnH?. 3,.?"' i4,*,1!0 ob?trn?ts and impedes
n?T^ F ,n^} out from Drie in the di
, 1^2t D^hieh'i^fc111* def?n<l"t? hive
j1**) *nd not elsewhere. Our opinion is with
windifiti ob thifl boint but vi tkinV ?k> with
Sm52t if Ss? hm^rif it* *5fv 11 P**?" the *ut
mamihJL.iLl. borough at a dhtanee of sixty rode
Mm.Mdnuonabont rod* further .^1
22S? ?srsr^ ** ?o"th K^ ,(rf?he ?:
brfcm.MtaIrJ,?F?^ 0OB,*ct? w'th the road b.iilt
" , ?* ft*** Oemper to the Ohio line Car
ration "w*?i^fcl'3?l>"*?c* *?th the act 'of in
a. ^ of ^ borough
Wraetion ifthJtw ?S^?J5!lS ^JT
g^ytone of duty when committed by companies"}? We
Lwl*?- concernirg the borough of Rrie re
1 T^1848 ineorporitioa'was
? #n leap, and before the defendants' work wii
Shm were extended so as to include the nltce
*?"? the terminus of the railroad ha n Un tori At
W'? iwo^rTid ?, 4
bemch^ JtoM am yHF- tt* ,th*t ttoi4 iteration of tbe
!ftS3||| ? t>i H m ihe to*4t ch*n?* ^0 rights or
SwJud^rdh^r ^ ?0,nP*ny- All law* must be
sszi arsisr"? 5?".s5s
.- .... . Legl*laturi in 1842 This modiloationa
left the defendant.'
ZZTr* JUV ? w? before. Tne amendment of
S? n?t te be taken as a supplement to the other ir
w ^ 01 *ErS5* to^uS7' Ji
Jj^ahortenederobUterated, or differently naLd bv
A"??' "y the defendants wouW
n ^ We th*t tneir ligot to locate the
5tollSelZI,2Il7Sft K?f w* t0*,u,hJP ?? it
^W- V-Z ^ thereby altered or taken awav
-.i?'?>n?wl<j the defendants to begin their ri5
?ead >t the borough of Brie, as It then wes, and thU
?Wehbas bwn M ^ ch"?*
?veehM* ?f Ith? ^harter ?? trifling that we can
?7t2rt^i*BVh.^ wP Tb? counsel
2 ftr aught we can see, thi* miv
?IJtote^SSl e? h?'lrp0* "I #N*ot ?t tbi
ryjf w c*9 U ? ODmplstelj <Wfe*ted by a de
W^ibt^^. 7, . Tb? director, must
?Tth^? cwLr ^?|ruIif-ki.n * P?in* 01 Kf t value
totaSTwnnU - ?*l s terminus, or else they cer
Sfc f "jjy .aP?? u the teeth of
Z SZifthit^L k- r mu#t bave been conscious, toe, that
2*Sto uJ b^J^V?me i ?CrUat r*,#" for confining
Sr^afc / woqU h*T? "??bt and
*? their charter. JhUrailread was pro
eTfSL^T^ S a!L05tkt ? York for the laket^te
^uMsotharebMnMaant as a link "n the
gygtloy between Buffalo and OereUnd, for there
*? meieetabere and three- quarters of a mile distant
h* yftjy tSwrii:
its ?He^ ^ tnu^e^.u ha.
SBTJ5?- 4 oootinuous line from New York to the
sms^ tfl&uK *nd P**?*nK?rs not to the bo
SKftielvS; ^ 1 't 1 ??auoo
Cw !r; {, I^^ f* that the general scope of the
MU* ZLTm J? il" wor<1'. bae been disregarded
Mvtrer, a Mr* vobUili:? Wm Am.
hMwm?r can what the parpen of the Htate may
?* tl.l?g we do know? and that is
pt J; rectors hftd no righ? to
If tkif ? *? t J**'* r*1? r*m.i>t of the
wdUtton tf - ? ^ lh# ?t*kMfc*?-4r the ac
II b^lh countrv-if amigntui
sitiien. of adioiniac >tat?i? if
SSSTSZTiZ ?' St ~..^S ?'
?Sll l i 7' i ??* ??r to be doubted. It has been
*JV*bue?tts, (23 nwffVei' ) 1 !-?f^mk^7 hL^Scs'?
?ta* ef a |m82rsut./te t^'wbtah"? fon'*>r
*%hiall v deeler e<4 -?--- -P P?^ ,0 "leh it wm not
mr the iihT m I ? ?P*r?*? ss'erely nr>n a pvriioa
gJSLH!?^! ?j"7 s?urt be h>rne fer the i.eof
SStSWrSJ^il. 1 '?dl< *^*2
tf by railway. The e-.mme^e^? ** ? *12!*'
?jrtherity lias been given by ?w^T 'Vf***1 "b,r* "?e
Mate. That any private indirHnaT^Tr tl!?
- .by an act iTtOTJ^
Mare, can take poMession ef a street, aad make a rail
sead ape* it, without being guiity ef a erim.nal -ifencs,
hi a yroiiosittos which, lam sura, at lawyer woald df>tm
?f SMklng. The r'ght of a eempany. therefore, to balld
? railroad en the street of a city depsml., Uke the Uwf 'il
aasaef all its other acts, upon the tersMef its charter. <<f
warn when thepowerisg vealneipres* words, tberena
he no dispute tbqst it It may also be givwi by in tie*
*; for Inatanco, if a company be aathorired to make a
troad, I') a str.iight 1 ae, bet
BABnad, 1>) a straight 1 ne, between two de?ign.t*d
poteta. ut. implies the right to run upon, along, or
acre is, all the streets or roads which lie in the course of
?nehllne. So also when an act of ine lrporativa dlrseta
* Mad to be made between certain termini, btr inch route
as the grantees of the privilege shall th nk beet ? it m.y
V located on an intervening street or other coinm >a
highway, If in the judgment of the director* it be na
cisssn ry or cxjiedient to do *o. B it when an ait of In
?etp?r.tion authorises the making of a railroad whi-h It
Is not possible to nake without u*iag the streets of a
?own for part of it, still sueh streets esn not be ?e used
M the same net of lnoorporation frrSds it If the pt?
mrs given to the corporators cannot be esecated without
(disregarding the restriction* with *hi?h thsy are eeup
led, tbey caunnt be executed at all. la a private deej,
?a exception as large a. the grant U void. beeau<e pr.
rate detds are conatrosd most strrmffly agtiast the
pruntor. Bu!. a grant of privileges by the Ma's. t? a
hedy of adventurers, must be construed pre:'??lf the
?ther way? ia favor of the publi.*, and agaie<t the grae
?eea. A prohibition, exeepfon or Naervatien in a oh?r
ter must thereto:* stand la full force, thougl. it destroy
mr make nngatarj alt th* poacre giien to tie company.
The act vt iu'.orporat?<>n, now befere i.a, c>n aia< the
ibOoir.'ji^ te/jf ?Tjli?Vij cUuae ? ibf r?M r* l-u?d th?i4
1 W h ewasftrnc'ed a* a*t to nbstmvt ?r iraoede the fr??
? '??In; patilt* road, street, or hridge, ?*>'* l*'1*
??I, *?MI0 ?r built, er to la'dfot ?ilb *oy burtal
I round, heus* or build-a^ without '-he c?asee5
?' the oimi Tt fixil'l tlrlka m ?st oih upon
| !*? Irit Iwk, that a raiioari cm ?a ly wi'h * '?'?eh pro?l
(loo to i?? tbir'sr, is ?vo dang?roa? growo-l when it Uks*
|Miftnol of a st?esV. It in nf t at all ??a-y to ua!er
Itand bow lb* people of a tity <? m have < h? un o" a
rtr??? fr*s fro* ok ructions ?ni impedi wlen the
sti set of art iaary width, and ba? '?o rail"*! tr&ika
up'n *, along ali.ch lgc it???ive e-'inss, wt'h tr-.lns of
M'l ste lanaiog every 4ve m nu'ei ?f the day Nur is
. It by any metis un. ooihla, tutis this iwtli# Mtu't
: ture io'endcri to ?lrlude lH? company altoire'.hsr fe-im
t ac itiM't, (in at ttie riak of htriu M itiliutd otU;
for tke desire U> pre- rve to the people of Erie ant it n
?eigbborhaid the fre? u?e of their stre?ta and ro? la
may have >(w stronger ihun 'bo wi-h to eetabliih a roil
way commits ieat ion for tbra with Vew York.
An ?(?trieiao is anything aat to tbo way, * bather It
totally closes tbo paaia^e or only hiaUers anJ retai l*
progress. A road may be obstructed m >ra or less. I'he
vord ia?i ediment ia almost synonymous wit'j o'?s*ruc
tion, eieept I bat it ia seldom, if mr, a?e<) to sigui'p aa
entire blocking up of tba way. It is aa obittjln ? n >' aa
impassable bar ier To anderstaod tice word* in their
ordinary import, and than say that a railroad la not per
tt an obstruction or Impediment U tbe free use of ?
atreet by the pn'r.lio ia rattier more than I ean do. B it
Cr baps it Is set quite safe to Interpret tleta according
their popular sense. Certain it is that tbey l?av?j
sometime* b-en otherwise used in acts of sembtr. A
law of Maoeaehusetts pr ivides that "if any railroad ?fcUl
be *0 laid oat as to cross any turnpike or other ?-ay, it
shall be to made ?s not to obetrnet such turnpike or
way." It was decided (28 Pick. tM) that th!< did not pre
vent all interference with tbe road, but required only that
it should cause tbe least p-*?ible interference ?r impedi.
ment. By a statute of tbls -tate, eras ted in IMS. the
owners of lands aJjeiain^ navigable atrsains were permit
ted to build duns, provide.] that sash <lam? should "not
obstruct. or impede the nav igation of such alNUM, or pre
vent ihe fish from pacing <is tbe same " This court
(4 Watts, 440.) declared, that I these worde were tUiea
literally, tbe owners could not avail themselves of the
privilege at all; but aa this construction would have W-n
ooutrary to tbe gTaat itself, n more hoeral use w?s adopt
ed, and a dam which did not materially hinder tbe aavi
gai ion was held not to be within the prohibition. Al
though the reasoning of these easee does not altogeUier
At the one before us, they are entitred to much weight
They are decisive, indeed, of rne thing, wfeiah is impor
tant, namely: that the werdf in question msy sometimes
have a legal signification different fretu thit which we
wonld otherwise have been disposed to astifrn them. 1 or
the sake ef consistency, we noiat follow In the stepe o
those who went before at, though it be trae that tb
track was not very dearly marked.
Let it then be conceded, as a posetS'e thing, that a
railroad ean he so constructed on a public "'rest that it
Hill not be aa obstruction to its free ase? that eu?h rail
road is not in any sense a nuisance per sc? that a street
ma y be ocenpied in common by a railroad and the pnblH
wilnont any snch inconvenience to the latter aa will
amount to an impedimet t, or abridge tbe freedom of its
ate for ordinary purpose* ? still it is not true (as rbs ooa
verfe of the argument woaM make it) that the street is
unobstructed a* long as travel upon it is net entirely
prevented. If It be proved that a man may squetas him
self along beside the t?sch, or dodge across at tbe peril
ef his life, it does act follow tha*. the use of the street is
free, unobstructed, and unimpeded. We held, therefore,
that under a charter like this, a railroad caanot be built
oa a jtrot is "co1! a muo?r at to oau*? ur wtwwi ob
struction. It we assume, as we do. theithe elauit un
der consideration does not entirely forMd the compaay
front going oa any street, we mist also allow thesn to
create such impediment* as cannot be avai led. Rot
those whieb are not absolutely nsoeeaary to the making
and using of the railroad, are unUwful; tor mnosgtrs are
bound to leave the street aa nearly free from obstraeuons
as they ean, and for that purpose to spire no reason the
exven jit are ef money or labor. If, for instates, the rail
road be made aboxe the level of the street, taey m>i*t
grade the rest of the street also, If that will make it bet
ter for the public accommodation. They cannot say to
the city authorities : We have destroyed yor* street, and
rendered it impassable; but we hive not impeded it* free
use, bocaute yon ean restore it tgain to a tolsrable con
dition, at your own expense Neither does it make any
difference whether it be a main thoroughfare or an unim
portant by street, for this act of incorporation protects
all alike.
We have attentively considorci the bill, answer, and
evidence in the cause, and thej satisfy as of the foliat
ing facts: (1.) A considerable por'Jon of one street
j within the present limits of i'.ric city Is occupied almost
I entirely by the railroad in a manner which makes aay
' considerable use of it for other purposes aim impossi
ble; and this is true, although the de'eadants them
stives say that the street might be saftly and n.inveni
ently used if it were properly graded?a duty #hteh they
left unperformed. (2.) Two streets are erossod by the
railroad on bridges which ate too low and too narrow
for the Urge wagons passing one another, or for a single
wagon with a bulky load. (3.) Two other streets are
crossed on an emoankmrnt, considerably above grade,
with a ditch on each side, and ttus all parage sling
those streets, by any kind of vehicle, is as oimplotcly
stopped as it could be by a stone wall twenty fest h gh.
All these thing* are illegal,' for the reason* gifeo. rh?t
some of these streets are on low, wet groan. 1, and little
! used, might be a tort of aseligy for the de'endvnt*, i '
i we were sitting here to take eacotes for the violation of
the law. Bat that is no p?rt of our duty.
A large part of the evidence refers to the danger en
countered by persons obliged to cr is. ttie rail.- >ad when
trains were approaching, and the de!?y and inconve
pioaee canted by cart, which totally block cd up tM
creasing places. If tbe defendants have a right to make
; the road on a street, they have a ?o the right to use it
; when made. They may carry all the freight md pas??n>
; gers they ean get. If the nuxber of car* nod locomotives
necessary to do their business be so great as sometime*
to choke the thoroughfares over wh ;h thoy pass, it
must be rf member od that the sams thing "voiild happen
ia a marh greater degree, if the tweatioth. part of the
business were done in cartisgss, ctMchee, and eomoMn
road wagons. If the cars are suffered to staid for an un
necessary length of time, at plsoe* inconvenient to the
public, the act is indictable as a nnissnee, and for anv
want of proper care the defendants are liable in damag-*
to tbe persons injured by it But it oaaaot be said that
they have violated their charter iu causing obstructions
of thit kind, unless su-.h obstructions coal i have be*n
prevented cr diminished by a different oonstracthn of the
Under other circumstances the voluminous body of evi
time* bud before us mitfht requi-ea much more extended
discussion. Bntre tie content with the eompendions
reference ire have trade to tt, because every inch of thie
railroad which Ilea upon any afreet of the city is unlae
f?L at all ere nta. If the defenJants had began .heir
railroad at the place designated in tbeir act of tncorpora
thm, they would not have interfered with any of the
streets mentioned in the MM, except .\?h lute, and that
would have been crossed ?t a different place When a
railroad authorised to be mads at one place is made at
another, it U a mere nuiaasOO on every highway it
touchen in ita illegal course. The l tree's in question
not being on any route whieh tho defeodanta were au
thorised to take, thsy are on them in disobei-enesof their
charter, and all they havw cone tbera is without the sha
dow of authority. It ia useless, therefore, to inquire ho ?
much of the incont enlooce omplained of might litvt
boen avoided by a better coiit<tru :tion. It ia enough to
aay that the railroad fcaa no busicees at all to bo where
it ia.
It appears that the city authorities gave their consent
to tho use of the street*, cml to the location of tho rail
road on the ground which it now oocupies. This privi
lege was given "so fsr as the Vayor ani Councils bare
legal fewer in the premises," upon condition that the
railroad should oans^ the leant possible oMtraction to
the ordinary travel and business of the streets, and with
? reservation of the right to withdraw the prl v liege whon ?
ever tt should appear to the OouooiJs to be injurious to
the interest and welfare of the e'ty. The condition was
broken, and the privilege was revoked. Hut if the reso
Intion of tho Councils had remained in full force up to
thia time, it would have been of no avail here. Tttey
had no "legal power lathe promisee." An act of tho
Legislature cmnot be repealed or mo lifted by the orJI
nance of a eity corporation. What the defendant* did
in disregard of the law was no lass an offenee afuoat the
righla of the public, because the eit* w.ts in soino sort
partieeps m'minu. If both had persist*! in H, the com -
mon wealth's dnty -could have required her to see thai
the rights of her citlzeni* were vindicated sg iln?t both.
m. It is alleged and pro\ed, and not denied that the
railroad has been laid <lo?n on and along a public road,
ealM tt* Buffalo road, in ntoh a way that for ?om-? din
Unco it cannot be, anl is no: use-i at alt; but, on tho
contrary, that portion of the people who wo ill other
wise travel thereon are obliged to take another way,
which the railroad company Lis opeoel for them. Of
course thie is within the prohibition again"*, obstructions
and Impediment to tho free use of public highways.
The answer to this charge i? not IwsC'l on any mtorpre
tat ion which tho charter is thoaght to be capable or.
Other grounds sre taken, "ne defence la, t-at the ral
road could not be made io a straight line without taking
a part cf tho Buffalo rotd. We cm ooly say th*>. if a
railroad caxnct be mad* straight without violating the
law, it nut be nrvJe rrooasd, or not made at all
Finally basel- i (?rea if tr ie) is tho oth?r argument,
that the public has mfferod no injury by thi< act. i !io*?
public interests which lio ootMde of the defendants'
charter, are mot committed t j th-ir keeping. The Lngia
latnre has thought proper to guard th ? rig-it of the
1 people to th* free use of their own reals, by enjoining
th* defendants n ,t to impale or outrun tnem, l'h<s
i injunction tt w ?s wrong to disregard, sveo for th" sa*.s
of a suppose*! public benefit The peopl- hive rejected
< the bona ?klestko company ten'ersd tbsm, an 1 the
| -tate parent fstria: new dem.tda for tb'm the rights
wbicb are MClifau and reserved by bar own laws.
IV The charge tkat the <!efe >ds ots have, by contract,
surrendered the -octroi of their rod to a fo e goc jrporn
two. was but faintly r?r*??e-l in the argument We do not
consider the contract iH*gal, and 1( our opinion were
. dlterent we would withhold it until all the pixtles could
be erooght before .a
This dlcjo?ee of the prior i pal allegations ia the bill.
But aeide from -hese the.** are one or two matters sng
rested by the defendants' coanoel, which ought not to
he pa*a*ri wtthoat a remark.
They have argued tbat no decree eon Id be based on oa
str nctioes floated by the use of the rnilreal, be-auxe the
act of incorporation providee only against the roa \ he
' leg eo eoa?*rnebed ae not to impale, he. And tho bill
j charges nothing else Whatever Impediments are caused
by the ordinary an.! proper use of a railro.i 1 we a'trib.ite
1 to ita coaetraction, if each impediment* eonli have be^u
avoided kf a diffcent construction. The Legislator* nil
** ^b* corporators, yo i may make a railroai het**en
certain given points, ant use it when made, by running
fj" s?oam engines on it; but you must so make tt
that its exlateaee a*d use ia this way nill not iapede
the travelling oe any highway now laid oat. I he rail
read Is somale that lecnnotlveo cannot bo used on it,
W *9 ?r*r>) ?? * certain highway, preri
onaly lakl out. ^nrd a railroad ia not cTastriictod ac
cording to tho law. If it were, tho sen would be proper
Ihe defendants' -onn-el have made another point
which It is right to notice. It is said that though this
proceeding is conduce* 1 in tho name of the -tare Its
renl object Is to redrees a supposed injury, which is 'pri
va*e, oral amst merely KksJ la Its character We are
n'gad to leek not at the Reg, but at the parties who ftght
i nder It. these partiee? the public authorities of Kris
aad tho people of tho neigh -.arhood? sacnursgsd tho de^>
fen 'las ta to expend large enme of aaonoy in building tho
railroad, and the attempt vbteh they a?o now making to
b?eak it up, la denounced >n tho argument, as an a t of
uaatoe injiutioo. fbe enly party kefore n* i? the corn
taocnoaith. *e io Of*, oven know the names o Uuo
ether person* sPri^ed to Th? complains
1b dee form by h?r tsrrediWr! ?|?l reo wKHnW'i**, Ibi
Attorney (iti-iiil, tfent o-?s o' her ?<rpi>-*tt >-?a has ?i>
lated it* charier. W* have ia?e rftlga'Cd ?lie (W and
foui>d iho oo.eplaint to lie true lb - drliuij >ent corpo
ration <iil ot jukiif } rurl' by ehnw'.og tnai la ion ? iia
mission of the w?il? U rt-Ci i'-'e ti l *ud cotnio t t'xoin
othur penooe. I" the Uayor auJ Councils of
i tie or the.r eonstiturnti, c<?nnlTeo at tW> b"**ah
?t lav, the) were guilty of a -in, far wftioli t'teir
be?t excuse in that t> ey seem to lmv? re^ente 1 of
It, and aie cow dl*pos?-d to assist the " Ute in brio*
in/ vLe xkfr ?Real*? to the same whcleioiae sum of
? nd It cannot bo tU.it thx defc i<Uut? wer < mi?W by
the people or thoir officers, for they mail have known
( that a city ordinanoe could not authoise whiter act
et tbe l>gi?l*'or? fore* ie N?> Win** een Hr?Uy w
imputed tn the CoujiB.>u?ea'lli, and iu point uf laet ?ke
ba? bet- o giiity of mi uafal u*i? .She apoue kor will
I pin nlj iu the aot of incorpoiat'oa, n"d gave it to tl?d
defendant* to b? igntle to their f?et an 1 a la .ip to their
. )*ih. Ihey disregard it. Tan Attorney Uenerel provrs
the fact, aid sianfl* up for j'i'.gmeut. We eumot reuse
I what law and equity dein.nd.
This taute came on to be heard before the Pap'etae
i Court, o a the bLl of complaint, on th? answer of the
; d?* endants, and on tie proof* a ad erV4eo? taken ny
; both partiee, and was argued by toansel; a- d thereupon
ft appears to thin Court that the <Jefeud*n ? have uuilt
; and uo bow a* and maintain a certain railroad, kneen
| as Vhe I'rie aad Nor'heant Railroad, of which said rail
: road a part ie ?i hta the present liaiite of the eity of
i i no, and upon ear tain rtrtvu thereof, an 1 another part
! i* up??n the had of a certain pablie roa i known aa the
: Buffalo road, la Harbor Crvtk townshis, Krie oouoty ;
| ud that the >a*d railroad in tbeee parte thereof in a
jmhdc and common aniaaajt. It ia, therefore,
<t. er?d, adjudged aai decreed, that tee defendants
shall, ei, or before tbe expiration of four mouths from
this date, break ap m> much of their said road aa lies
npoa the aaid streets, and dpen the Buffalo road, and
remove tbe materials thei-of, to aa to leave tbe aaid
etreeta and toad in aa good condition aa they were in be
fore tbe renitrneUon of aaK: railroad.
Aad it ia farther declared and adjudged, that the eald
defendanta are henad to make the bonugn of Erie with
?och UatitM aa it had in 1842, the wettern terminus
of their railroad. 1: ii thi refore decreed and ordered,
that the aald defendant* aball, within four noouii from
thin date, change the route and ounatruction ef their
rai'rcxd ac? rdingly, and make their western terminus at
what ?as tae oaotein Una of the laid borough ta 1842,
or within the same Wrouch. And the aaid defendants
?Uall reeonetruct th> ir railroad to (apply tbe parts bere
bt ordered to be broken up, according to plans aad ape
ct&cationa, to be by them nude, and to be rubmi'.ted to.
and apprered by tni* Court, on full notice to the couomI
of the Coma>onwealth. and not other elae. And the de
fendants aball pay all lawful coats, to be taxed by tbe
Br Low aia J,? 1 eonear in neatly every fart of the
opiates road by my brether, tbe dhief Jus-ioe. and in
the decree that ia atwut to be pronounced, and i t would
k>?eo afftftdeu Be great pleat 3 re >..> have had the 00 near
resee of my brethren in pronuuuciug one tnor<: itr.ngeat
is its reqaiidtkms.
The deiendaats were Incorporated ia 1842, to make a
railread fr*m Kjrie to tbe ^ute line m the east, and it is
very plain that the sole thought that was in tbe mind of
the 1 eyixlature, in incorporating it, waa to provide a
mesas of eommeroal ooane'tion between the harbor of
hrie asd the ^ late of New Vork It is rery plain, also,
that this eotcpaay has turned almost entirely a<uie from
tbii inrpeH te one that was sot at all intended, and,
witb the aid cf that fraudulent eeneern, the Kranklin
Canal Company * road tMy L?tc carried out their own
main pu-pi*e of fcrm ag a connection between Ottio and
New \ on . and have converted the Intended and proper
term 'una cf their road late L'.tle better than a water
And in the scarce of their proceedings, they have
?hewn very little regard to the public au'norities of the
Htate. Contrary to law, ana in violation of tbe esprota
orCere of 'he roxd ^oruaUnunert, they toos pjt-ieeaion
of a part of the Buffalo or lUdge road, xnd ced it ac
cording to tbeir own wt!l And much of the >anu lln
regard of the pnblie authorities has bejn ethibitod in
their relations nl'h the public office ra of tee city of
Erie, though a mere prl ate corporation, and operating
for the purpcfM of ?ain, tuey seem to have assumed
that the regular loetl authorities mast stand aside for
them, as if in the ureiwnee of their official superiors.
1 discover fe y Uttle palliation for their error*, and
?hoa 11 have b->en stl.'.ng ti allow them much !?m indul
genee In tbe w*?lr of retraslng their steps.
1 am eony that my brethren think, that when an in
corporated town or city U made the terminue t fa railroad,
tbe company has. bv mplica'ien, a right to earry tbeir
read to any point within the tewn or eity, a nd along any
of iti itreote that they may chooee, and vhk without being
at all subject to the dir*?'.ioa or restrain*, of tlie local au
tboritie*. 1 ibonld have beea pleased to have the concur
rence of my brethren in a e >a'.rary direction It eeem^ to
me that this t* giving o mere private corporations or asco
eiatione a su-eriority tboafar ove.* those public func
tionariee to whom the intcrcets of the p^Uio &re en
trastsd, and thi?. too. by no ncctwiary impiieation. It
(tome l.ar-i ? m r.gb to nave to make tneb an implication
in rehtkn to a torn or cily that lies between the ter
Let it be ul>d illiberal te break the eonr*etlon be
tween tLi* roed and tbo western one. Tnie ii a matter
not for us, but for the LcttieUtnre to eone.dsr, and per
hape tLey have done so. It is not impo<?ible that we
may allow the ery of Illiberally to drive us Into a Qui*
ctii and tmpra^tt-ab'e eoeanouolltiim "tat j pride, -t&ve
enterprise, patriotiem, ls aelfisUurM; hut it is the rery
form uf MlHsbnee-< th?*. is at4he bottom of all national
glory. I truft that it is not to be frittered away by tbe
mere American feeling, which ia a)?&ya teadlng u> ob
literate the local and more effective f??-l ng? out cf which
csr present Ubertiee grew, aad upon wh'ch they de;-ead.
Thtatm mhI EiUblttoM.
BKOArwj-s Ttta-ras ?To night b?iog the Ivt tf Hr H.
L. laveuport* 'Df*t ? jent. a. densely crowded assem
blage m?J I* expected; so tboee wh? Uior.ot n fft
se?n him, should nc iit their fat* early in the day.
The pieci* t* be rf|r???'?i are tbe new play of " St.
Marc," ud tbe uauli&al drank of " BUsk Kyei "unaa,"
1b wbieh Mr I ?v?aport will *u*taio tue characters of
Ft. MUC ud William.
Bo* BT Trains ? The ttattt ml lwt tpp?truiM of
Mr. Winans, tbe leatiag MMH of :h:? theatre, wili
came off thru evening Mis* 3u-an Deals end Mr. Pop*
ere to i|i|Mr la conjunction with the regular eompvny,
and tba performs* oa ptotlM, c ibi rut* the eomeuy of
tbe '? Honey Moon," tba fa.ee oi tua ' Youn^ -camp,"
axd tba national d/ama called " Putna a,' is wuleh Mr
W. K. Teir wili appear.
Niuio x Gitoc. ? Aa entirely M* putonin*.
" Asphodel, or tba Migic Pen,*' lattbt ,.rodu M at thi?
establishment on lloida; eveniup, after x careful prepa
ration ot f? ur m<>cth*, ecu at a cjs. cT auj thouaao'l
dollar*. Tba ent.re FUvel (roup* Is em'tr*?e<] in tba
east. I here will b? so perfrrmaaoe toniglt.
Bi rton's Thxit** ? >aakspeeres exaedy called" Mid
summer Night'* I>ream," which is Crat .tq; full a'ten
dance* every night, la to be repeated thU evening. with
tba tame very attractive ca?t. TUe new farce of "A*
Like a* Two Peaa" will also be perfo need, Tboae who
have aot *een tbe 'omedj shouLl avail thama-lraa of tte
present opportunity.
Nitkwh. Tmuni*. ? Tbe poprltr American trsge I iea,
Mr. J. R. i-cott, U to appear aa Mi<-haei to tbe po, ultr
drama of tbe "Adoptel Child," this evea.ng. Tbe tew
local drrnn a of "Fashion and Fini ne," in wbieh little
Cordelii Howard will appear, and th?> aaw trtf>w|l*w,
called 'Plot and 1'ersonaUon," wbicb will introduce
Mi>* Hathaway in the principal ckartcirr, will alto be
W>nirK'*T?m*TM-? Colman'* comply ^ei. titled "lo>;n
Ball" late be represented this evening. Tbe prirrpel
cliar&cters will be sustained by Measn BU*e, Bro-igbara.
Lester, Byott, Blind, Mra. Conway, Mr*. Brougham and
Mrs. Osmer. Tb* farce of a "Phec< mennn in a -mock
Krock" will likewise be played, aad Htnorita Soto will
dance tbe "Pas de Fascine-.lonv" with O. W. Sml'-b.
UKTBorouTiR Tbkitu.? ' The entertainment | ro* ele 1
for tbe opening night of this ritatLahm <n', wbi h will
he on Monday evening, comprises Balwer's comedy of
tbe "Lady of Lyona," the to-ee of "Mr aad Mrs IV.*r
Wbi'e," together with an originil pri/? ad.l-e**, wi,ich
will be spoken by tbe stage manager? Mr. it*nge.
Awbjcan Mrrer* ?Tbe ctle->ra?ed draoaa of the ? O
sican Brother*'' Is to be plaved this afternt-oii anl
evening? C. W. dark, a very popular and talented ae'or,
sppeincg ss tbe Brothers Tbe mutie el Ja-ee ca.*eJ Uie
?-Maid of the Moan tain" will alio he played.
Hiii'ODROMX ? The entertainments for th> afteroow
and evening are asattractive aa any gl?en thi* aeaeoo.
Ibe great bull rsoe Is to come off on Monlay rveVng
hTis.Pi.NO k P.ockm' Cnnr?.? This ie tbe Us', day
tbst tMe mammoth e?tab!i*bmrnt eai be evblb ed in
this city. Tbe programme for tbi* ai temotc. and even
ing is very attractive
Wood's Mi vim have prepared a gef-d frcgramas for
this "Veniag.
. Btoij^ 's : KRSMr>KHu are to re^tit tb* bvrle#q?.e
opvra of ' Lucre..;* Bcrgia" to n.gbt
Tm Bbak u Band of Wood'* Min*trels tfTer ssrertJ of
their bent features for this evening.
SjlM.fi rk'* Orrau Taofr* ? Tbere is t> be an a?!?-i.o7c,
a* well a* (-venlnt;, |erf?rmance to night. Th?T pe
ft'rmances will elwe on Wednesday next, bt.ug r
Mai'sme Csradfri, (wtll known in New Y;?rk aa
MaJaxe Catudorl Allen), brought BeiJ^miD '.rnnti.
*'&ge csrp?ntertad m*obini*t. of Pmrj Lane. &?i'ore *Lc
Bcw-?tre*t magis'r.?te. on Wednesday, 3ftb ult.,oaa
charge of perjury, '-'loman bad itwu> an affijavi'. at
Jaoga's Chamber*, in whicL, anx nr other mattera, he
a?*erte<! that Madame Catadors bad informed h'm of her
inv ntion to diar.cntlnue singlog at I>rury Lane and to
return forthwith to German v. Upon tbi? allege-) avowal
the defen<lant founded hi* claim to hive Maalame Can
dor! and Signer Piresi held to bail, in roipeet of oerla'n
debts laid to have been !n:urred by tbem, and wi.ich.
it was ? represented, they were de*i?ning to avoi I br
quitting tbe -;onntry. The sum of ?22 IS*. &1. wa*
claimed by deponent for services per. 'or me!, an 1 In
consequence of the statement depoted to in the
affidavit, B'ron Martin granted an order for the
immediate appr?;hecsion of tbe complainant.*. *he
execution of tbe order was deferred until b*tf
past e'even o'clock on Saturday night, at wi.eb
time Madame ''arodorl wa* arrested on leavir* th? resi
dence of Mr Jarett, tbe n anaging director ef tbe . am
pany, in Altrtd place. .ahe ?as taken direct to a
* ponging honte, and, it being too late to get a**.mt?cn,
was cefolnod in eutledy tbe whole of tbe following Sun
day (the 20th.) hiving only obtained her liberation at a
late hour on that day by paying the amount of tbe
alleged debt aad eort*, not a farthing of whio'i was due
from her. SignorPave?i was treated in a similar Manner,
and. net being able to speak or understand a word of
Frguah, believei he had been forcibly taken to *ome
house of tnlouity for the pur|*>ae of be'ng robbed.
Madame Caradori showed the magistrate* that she had
| entered into engagements in England, among the rest
I for Manchester, whieh entirely ignored tbe supposition
that *be ws* leaving the country, and she hid f irth"r
applied to tbe Home Office for a certificate of naturalisa
tion The ca*e ws* adjournsd, Mr. Henry advising 8lo
I man to effect a settlement, if possible.
A destructive tornsdo parse] ev*r Clinton eounty, New
' York, on the tth inst. The Methodiit chirsb and
school house at West Cbazy, and the Method lit ettnteh
at Morileonville, were blown dowo, with a numl^sr of
btiildiags flt various point*, barns, sheds, orcba? Is, kc.
The trains were deuine l by tbe trees having bit wo
?eroee the t>a?k. No Uv?s w?rs lest.
Fair.**, Apt It? 6 P. M.
Quotation* f?r stocks current at the opening oi the
roirket '.o-dsy, rx>ui ri'<i with tunar rnUag at the al j'?
y tnltrity. >b.<w enm>ll?raVe variat?n, Vat the change*
fcavs Veen wry ir.egulai. Erie Oou?ertUj|e Bond*, 1871,
fall otf \ ptr cant; New York Osatral Bo .ids, Hu l?m
Pa51r..a?', IS,, rviqaberiand OmI, \; New Turk Central
. Kailroac, ; Ctewlaid and loledo Railroad, Erie
ltailiva<', 1 . Illinois (antral Bands advanced \ * par
cent; De'aware and Hudsou, %, Florence and Keyport,
V . Michigan Cmral hailroal, 1, Michigan Soutuern
Railroad 1 HarVm. lulling, and Nicaragua fr*nait
remain wiihcui alteration Kri? I'ailr ad ni luittined
by renewed parabaM-e oo the part of th >se who yeatardiy
MBWired ?eJ,ng It clrsed weak There las bean an
upward m?vi ment !n Florence and K?yport stock within
tlia part day or two Tli* market, on tbe whola, wu
wesk, nod thirgn In tha street took aa tkouga they war*
geicg to take the naek track. There aru stocks on tha
list wbioh hire within themselves elements of value
wbl<>h are telng steadily developed. These itoekf miy
not I* ao math all acted by general ca-jaes aa others, bat
we doubt If an advance In any of them can be long sua
touted In the face of future embarrassments and eon
'ihe steamship Baltic, from this port for Liverpool to
rn arrew, will take out a large amount of specie. En
gagements have already been made for nearly a inilli< n
of dollars, aad the shipment wiS probably exceed that
sum. We quote bills on Ixroden at 0 a 9ft per cent pre
mium; on Paris, if. 16 a 6f. 11 V
After tbe adjournment of the board, the following s&lea
of bonds and stocks were made at a notion by Simeon
Draper: ?
*6,0*0 New York and Har>m RR. 1st mo-tpge,
lot added 87 ^
*10,000 New York scHp, 1801, ?'a 104 X
20 Khares <>c?an Bank 83
25 do Third avenue Ra lroad 36 ^
The abeve were sold oa the usual terms, ten per oent
to day, remainder to-morrow. The following were sold
for one-third cash, one vhir J sixty, aad one- third ninety
day*; ?
60,000 share* Caledonia Mining Co., Md., per
share *10 IX
2,240 shares Chicago and Rock Itliad Rallr?ad . . 80a8 1 j-j
A aew mocied institution called the National Exchange
Bank has been organized, and will commence operations
at the earner ef tireenwioh aad Doan* streets, on or
about tbe 16th of October? Frederick Leake, President,
and Robt T. Creamer, Cashier. Capital, *100,000.
The receipts of the Cleveland and Pittsburg Railroad
for Angm; were.?
August, 1864 $31,241 26
August, 1863 38,648 00
Increase $6W 66
The rece.ptu of the Mllweukie Mid Mis?ls?ippi Railroad
for the tret seven working day* of September were:-?
Paaeeigers, $3,848 98; freight, $10,256 26? Total, $14,
106 19.
The warrant* catered at the Treasury Depart meat,
Washington, on the 13th Inst., were: ?
Tor the redemption of stock tW. 140 97
For the Customs 12,610 11
Covered into the Treasury from miacellaneou*
sources 980 64
Cot* red Into the Treasury from lamia 5,000 00
For the War lepanmedt 41,181 70
For te-paiing for the War Department 8,630 00
For the .Vary Tiepartment 94 4 9
Fer the Interior i apartment 11,897 2$
For repajiug in the Interior Department..,, 3,669,72
Although much embarrassment ha* and will continue
to remit u a necessary consequence to the extravagant
speculative mania which has ran over the Inn 1 from
one (section to another, (till we hare to reoord the grati
fying fact that, notwithstanding there must be enormous
personal sacrifices, the country will, ns a whole, derive
much benefit from the immense internal improvements
which have been undertaken, and the only drawback to
this favorable conclusion, over and above the pecuniary
personal injury may, as if la anticipated,, he that in
the production of so many competing roads, the best will
so overran ita competitors as to destroy to a very great
extent, their condition and their uaefulneM. If, for
instance, a straight line road should be eomtrueted,
as is now oontemphted, to run south through Jereey,
the through travel would he entirely diverted from all
) ,e exist' ng road* )aow in use, leavings* the only soaree
of profit tuch portion as is denominated local. Id our
own rotate we have experienced the full force of th:*
species of rivalry. The Trie, running in cunpeti'.ion with
the Central an') the 1 ndson. formed to break down the
Harlem, .hare, e.ch in their turn, pro luce 1 reciprocal
injury ; but the ufficulty does not res*, here; these aeve
ral roaca have no', toly their own respective c)mp?ti
tions to contend with; it is not the Erie versus the Cen
tral, and the Hu^cn agaiott the Harlem, which strike
at the root ef their prosperity; they hive to encounter
t roufh the tame vi;;o.- which gsve them exis'.ence
aew enterprises and additional routes, b fed and con
structed on juperior information, aecoiupanied. by all
the advantages of each and c-ery modern improvement.
Ah an exemplification of these views, we now present
for reflection and consideration, one ef the boiler t
and best conceived projccta of the day. It has been
most energetically pressed forward, steal .hily and judi.
ciously moving on, making no preiensions of snperiority,
while in truth and in reality it will soon show it?elf
tapping and sapping the foundation of the business
prospects of the several roads of which it ia hereafter to
become the auceeaeful rival. The graaj enterprise to
which we refer i* fully and most intelligently laid dawn
on a map now before us, from which we peresive that the
1 Delaware, Lackawana and Western Railroad, with ita
principal connections, nauft, when oomplete, be:oae the
main line of travel and transportation to the west'
ern lakes, and to the Ohio river at Pitteburg, and
eonseqnently when running in connect! in with the
"bio roads, producing a complete revolution in the
channels of internal communication. In the course of a
few^aye an important link of this route will be finished,
accompanied with the nsoa) celebration, being that par
tion lying between Binghamton and Kyracnse, th js open
ing a continuous atx foot road from Ssranton to Iako
Ontario, leaving to be completed but a diatanoe cf sixty
five miles, uniting w;th the New Jersey Central, which
will furnish the shortest, the safest and the be?t Use
from Philadelphia and New York to tbe Great West
Ihe Knk from fronton to tbe New Jersey Central is in
such a state ef ferwardnese that we have every rea*)a
to antvripste that it wiU be ready for use early in the
spring, and which, when complete, will transport, anthra
cite real, ef tbe very best quality, frccn the mines to the
c.ty ef New York, within ten hours from .he time of start
ing. The Peon-. lvauia Can J Company will, of course,
aead their coal by this route, instead of having it trans,
i rteU on tbe Delaware aal Hudson canal, wL. eh ii only
a portion of the year open. The city of New York has a
meet direct interest in this roatc. We shall est
osly have tbe sbvteet roate, tbe toweet gr*..**, and
decidedly the safest read to the far We?t,
but we ehaJ huve oar supply ef anthrv
efts eoal 1'ioup-jt to our harbor est re'y treo
and independent it 'iilvlelphia. 71.- re will Ue no tran
shipment. ooBfequ*nt1y no lose ncr expense inridrat t >
??u-b el-.tig*. Tb. wbi >e range of the L'^kavana an!
h js<i<ieb*.una coal fceias fill be thus laid Cfen to e . r bar
inernnei lnr. w';h tr~< subject, we have to r'-.te tbi
the several connect:*# link* have all teen eon trusted
r th the itrvotset eoso i y, and with tbe ns ?et uipro/ed
jv igiaect. I ni? r n< cirrura**tjices can jROrtgag.* Stedl*
Uiti t rn a to; th M?r- and ? ?'* wvrt'< bi n<tbcM re ell the
track and act ef the rompenj b'jt on Ue wtrtry
Uls road will b\ve all the otia ?r rei* 1* contributing to its
prosper' y. I . will sat oil m re tLati t tea ety o.' tbe
Krieand Central reads, and tarn the travel from the
B idsor. nv? r north thr< *i the baactl.'al vailies ef Nsw
Jen-ay. To capitalist* tbis enterp*iae rec< an ? Eds it
self ae the moat valuab'e sctiject for leve?tmeot. A* a
eca) company, ihe I etaware, iaehawana anl Wo-*.era
has no ecmpet.tors; while, in 'onneciion with tbte iw
p-< >*rreot, ao Tennajl ar a Coal 4.V wpary will D' t fail
t' derive tbe greatct advant*?'ee, a* they will have af
forded to tbenr. a rej' J, sb- rt anl Cfn"fiT^a? railrt il to
market for the ooal of tbeir !nerhauatibis veins.
i "he eon*tnaetloj of tbe Illinois Outral Railroad Com
j any in progre^sinic rsj i-dly ? id 'atiaftw torllr Ihe ..n
ne e?l letter from the Presi 'eat givee a detailed aocount
of tbe operation* along the line np to ti e Utes dire ?
Iiiwoit CrmuL R*!:? vd i<t, \
C'nrjjat , S^pt 4, 1R&4' f
to thb n?i m* comoTirx <? th* ujjjtow ? ran aaii
road ronr/Kt ?
(ieiiDemen? "-itee tbe 1st inst. I have passed In com
peny wi'h our chief enjinoer, R. B. Ma??n Fe<j , over
the en'ire im in line of onr rrad between Cairo and La
.calle. 806 miles, and find its >-on<lition lo l e a? follows:?
The track is Uid ard ready for c.-*1 rat ion from Cairo north
88 m ilea, wi'h tbe excep- ion ot tbe bridge over the Big
Ifuldy nver, CO miles north of Cairo. Ike fram- and
materials for ttila bridge are all en the ground, and It is
ncu being put up. Froru La -alle ajutU the traok ia laid
184 miles, with the exception of a piece of 10 miles north
of Deratur, which is now beinr laid by a separate party,
and will be done in about one month. The limit work to
complete the main line (*, therefor*, tbe track laying
over the epaoe between the point M miles north of
Cairo, and that 134 miles north of Ia Salle, which ia a
dintai. a ef 81 mliee, ateeciiend of wh.cb lea rtrong
p^rtv now err.plojed in U;ingtra< k, ai .1 ippr a hiag ?a:b
etbc r. WbtB thej smt tbe entire main line ?U be re-dy
for opw*tl?B ti'ii of r%rtlM abonU lijfnM 10 to
14 mir - per saonth sad I feel qnit*c-rad len'. that, tatk
ids all r. (??..?? <!? ?I]'<?%r oa for tMoti??*n (be/ ?iU
complete it on of bqio'e ihe lit of Jaou irt oe?t "h?
ir?ti ties, ncd all mit?- i?'- fo- t!i? t*ank, are i;, readinew
eitoer tntbeUne or on the Mnnl-si^ l, wen ? ? ...2
9 ml be brought ont b? !he cr .? r<j*d?, Ur u,> f.ou. V ?
kr our nwn Tiinn, TVre ?r* * {?* j?, nt? on the il. r i I
j v i?? i? *t ?hi.?fc the gr? : iiik !??.?? fuuj nxs.iWHJ. .h-nuu
? tLe gr^t n;aaa of i' i* ritiic. Piea * pil^t* ;u*i near l ??
I eeuire. b*twe?'u tb* two pari is* of t ml* Ujen, ?wd ? u
> undcubtt<dly l>n uti'i'o rendy jofurt* to- vr<K'.k rei<l,w?
tli'Bi. The Ohio an r ??*.! it BOW ruanlag
! from lllinol-town opposite t *t Uol* t? C*rlui+ tour
| em ie. e? wrt of our Hoe. It is ?\un 'ed that tbi? will
be tllttW I o > ur line b> MM ?!?.? lu itcUijer and if
1 to, by fnmUblof ui rail.* from St Lnttia, w in atirt
another [Arty ut irtck Our p?rty f.ora t,.e
i ikiuUi ?iiuulu i c noli the junction on or abont the lit
November n?d tlius lorm a lib* br railroad between
Cairo ani !-t. Louis. North <if I a Salle our tnvak is hud
| ?ixt?en uiilee to the Aurora junction From that junc
i ties to Freeport, ?lxty iuil.-s, tbe grading ia now sub
stantially ready for t lie track, and a party will eooi
rr.euce nut week to lay north, and a no her on the lit
! October at Freeport to lay south, and will not be inter
! rupted by any want of grading or material* until they
. meet, the iron and other materials being all in readiness
I fot tbe entire line from Cairo to I'ubuque. Krom Tree
port, the termlnDH of the i hicago and (itlenv road, our
1 track la laid to r-oale'n Mound, a ( isUuoe of thirty eight
milea, aud la optiraU'd by that company A party ha*
to# just commenced at (ialeua to lay traek tovurl
male's fcotind, aud will Uy orer that distance, twelve
vile*, in about one month.
j Tb?-re will be a little delay at Scale's Mound, raced by
! the remains of arery heavy cUv and roc* eidavatljn at
that point, which will rvquire till about the lat of S j
vejnber for lie completion. I think, therefore, that on
tba lat of January next we may expect the wnoie line
from Cairo to Galeaa to be m rent iues* for operation by
rrpnlxr trains, gi ring ui by Chicago and Oaiena rood, a
line from Chictgo to Catena, by th? Aurora Eitiuioi
i fad a line from Cairo to Chic >go, aud by the Ohio and
Mlanieaippi road a line from St. Looia to Cairo, and Ut.
Lou la to Chicago without interrention of steamboats, ex
cept for crossing the ferry at 't. LouU.
On the Chicago branch the traek is laid from Chieage
bouth 143 miles, an ltiie gaai'ing la complete, ready for
the rails for a further diat?noe of 83 mil**, which ean be
laid during th#yre?ent autumn; the track laying ia pro
gr ??inj; aUo on this portion of the work
Wc lis' e. therefore, no * actually laid 409 miles of track
and five parties now lading track, and another to be ad
d?d on i he 1st October, all of whom will bo fully sup
rlted with materials and graded road-bed until the whole
line, except some 70 mi!?a of the southern end of the
< tiicjgo branch, is completed. This portion rf the branch
is In a forward state, but will not be ready fer the rails
until the ojieninf of the sptlng, when ralla can be deliv
erf d from both north and south, and the track laid with
great expedition. I am very resoectfully,
W. P BURH.' Ll^ President 111. 0?n. R. R. Co.
The earning! of the Baltimore and Ohio Railroad Com
pany during the month of August, 1861, were as an
nexed : ?
Bai rmoRX and Ohio Raiiroad.
Haiti Stem WatKBr. JUaU.
For paioesgera. ?48,CO? 02 934,049 10 $72,335 12
Fer freight.... 340,020 70 7,060 78 264,890 40
ToUl 9296,186 78 $31,990 83 $327,136 til
Aa com pared with Auguat, 1863, these nwipti (bow
an increane of $78,124 39 on the main atom, and $2,802
00 on the Waahlngton branch? making a total of $80, -
920 46. The following statement will abow how the
reeclpt* of the main atem for eight montha thia year
compare with thoae of the preriou*:?
Main Stem. 1853.
Jan nary $101,819 49
February 99,017 27
March 210,267 37
April 200,219 69
May 204,910 01
Juae 189.907 61
July 104,140 42
Anguat 217,016 30
Total $1,393,407 02
Main SUm, 1854.
?264.277 10
279,850 87
360,880 46
361,379 81
300,974 80
310,802 34
270,214 10
296,139 76
$2,491621 31
1,893,407 M
In create $1,098,114 29
The transportation eartwardly into the eity of Balti
more, daring August, of the principal articles, was ae
follow*: ? Bark, 70 ton*; coal, 01,223 do.; brick, 86 do.;
firewotd, 18 do.; Soar, 44, 826 barrel*; (rain, 339 tona;
granite, 672 do. ; iron, 664 do ; iron ore and mangane,
1,619 do. ; laid and batter, 29 do. ; leather, 110 do.; eot
ton, 02 balei ; wool, 675 do. ; flaxseed, ? tona ; soap atone,
260 do. ; lard oil, ? do; lime, 162 do. ; live atock, via:
hoga, 743 tona; aheep, 210 do ; horaea and mulea, $ do.;
berned cattle, 186 do ; meal and ahorta, 170 do. ; pork
and bacon, 120 do. ; tobacco, 1,609 hogaheada; whiakey,
430 bar re la; mieceilaneoua, 8S9 tona; hay, 36 do ; hemp,
? d?. ; flour from Washington branch, 8,074 bar. in.
Total tonnage arming at Baltimore In Auguat, 73, 7U7
The asnexad statement exhibits the quantity and 1 u
of foreign dry groda entered at thia port for eonai. op
tion, for warehousing, and also the withdrawala from
warehouse, during the week ending and including Thurs
day, Fept. 14. 1864:?
UovHEm in FoiiiMif 1 xt Goods.
Entered for CVnsuwij.tton
Mj.vrncivr.ith of wool. makci actcrw or crrrro*.
Pkm. Value. Pkffi,
Woollen* 168 $08,763 Cotton 259
Clotb* 89
Ceaaineres.. . 3
Wonteda . . . . 72
Merinee.... . . 18
Cot. k woritd. 279
Sbawls 27
Blanket* 18
Pluah 11
Hose 69
Aleve* 2
C?T?n> 8
Rrd*. k Bdgx. 30
Yarn 19
Carpeting.... 60
61,067 Ginghams.... 14
762 Velvets 02
21,089 L*c*4 9
4,276 Maalina 10
77,236 Euib'd do.... 17
18,910 Handkercbfs.. 0
Ho<e 29
G lores 4
Spfol 73
ToUl 483 $103,1*7
manufactures or mul
Silk* 254 } 232,670
Ribbons 119
Satin* 6
Laces .... 13
Total 843 $299,088
Linena 340 $77,467 Pluabea 2
Do. k cotton . 40 7,747 Velvet*
Lace* 2 1,417
Haadkerchf*.. 10 7,808
Bobbin* 18 1819
Silk k woratd.
? ? ? ? 8Uk k oottoa.
Total 417 $96,748 SUkfclUen..
kieciuaxbol'*. Bolt cloth..
Straw good*.. 74
Millinery 9
Ftathera and ) jjj
dower* /
Kmtiroideriea . 00
I.eath. elovea. 30
Clothing 10
Oilcloth 18
$17,044 Hom 2
2,431 Glovee 4
Sewing 6
Brda * big*. 27
Gimpafe frnga. 7
Total 026 $510,605
Total 243 $94,860
JVUMdrawali ftom Warthoiuf.
VAsrPAr Ttmns or cot o*.
Cotton. 261
Emb. do.
4 884
Total 317 $09,097
Si'ka 30 $30,267
Woollena ....
Cletha 19
Woreted*.... 100
Merinos 34
Cot. k wor*t. 203
Shawl* 33
Blanket* 08
Hoae 29
Carpeting.... 60
is or wool.
60 $27,128
61, 244
Ribbona 11
Satin* 2
Velreta 4
Shawls 18
Pongee* 10
MIk k werat . 13
Silk k cotton . 6
Sewinga 4
Urda. k Bdg*. 6
lta* 20
2,f 64
Total 692 $190,961
MANOFAcrcan of flax.
Linen* 122 $20,408
Do. k cotton 14 1,750
Total 130 $22,168
Straw gooda. . 1 $117
Kaabroxieriee. 3 2,183
Corset* 4 1,090
8 $3,99$
Total 12$ $84,233 Total..
Entered for Warehousing.
Woollena.... 79 $34,800 Fllk# 41 $47,800
flotha 11 0,060 Ribbon 20
81 f,104 Pongeea 142
Cotton kCo.. 46 11319 Silk & Worst. 0
St. ? w la 11 4,311 Brds. k Bdga. 10
24 167
Total 219 $91,737
Total 177 $00,2;4
y iTrAcrraw or cotton.
Cot or. 128 $20,200
<''iri*hama.... 13
Velvet* 4
Embrdery.,. 32
IJoj* 20
Total 197 $41,080 St raw good*.. 03 $2J,000
Entered for ContumjAion.
Manufacture* of wool 843
?? of cotton 483
?? ef silk 026
'? of flax 417
Mi-c*Uaneon? 218
?AirrrACTriv of flat
Linen* 147 $27,159
91. 737
Total 2,011
WiOidraivn from Warehouse.
Manufacture* of wool 692
?? of cotton 317
?? efillk 128
" ef fla* 130
Via Mils neon* 8
Total 1,181
Entered for Warekoute.
Manufacture* of wool 177
" of cotton 197
ofiltk 219
?' of flax 147
Miirellaneeu* 03
ToUl 803 $248,770
Foreign production* continue, in general, very dull aad
heavy, there being ao regular inqniry, exc epttng for the
eholceat kind* of BritUh and French gooja. Theae form
but a very amall portion of the itock, and command the
beat prieea. because they are needed to perfect assort
ment*, mainly secured in the auction rostra, where, aa
aa our daily reader* are aware, moat of tbe uadersirable
with a few seasonable, artiole* are being disposed of a{
exceedingly law and unprofitable rates. There I* leai
arrD ing and Importer! <lo not leem inclined to enter into
any farther contiacta for fresh aupplie*. Tbfs may af
ftrf. the market a lHtle relief; lint until nearly all the
ood* now on band berc "hall hava boon ctoaied oft, no
preet Impro at is the ooaditlon oi Vie ;i*de em be
?WW* M
$8MM Rr ? C B '7W8 72
1000 dt> 'flV 7i*
1 10000 KrifB^o, "i
200fi HodH'.'dtfBrie 94
1000 nndt>m Lid? 73
400f TUCenRJtB M 7?
6o00 <i?...bT "8
25"0 do 73*
? 6000 do....e 7#*i
16000 do..tft0 73
MHH) dn..aM 7 *
j 12600 do. ..*3 S
| 200 NTCmi KUlid* . ?7*
i 6 aha Bk of Am ... 107
36 < ?irn Ex BW 96)4
7 Bl nt North Am. 4**
i 110 I'elAslluii ?'?u( ? 11"'.
20 00 blO IIS
! loO < Aot"n Co... o3 -t> 7 e
.aoo rw kK Jt jt.no i
100 4o b:t 1
60 ?lo 1
600 do b-O 1 *
80O eoMHIUMIae ?20 2*
10 Hudaoa Kiv?r KK 46
CO do *
260 NieTr?n?it Co. ?:! '-MS*
100 do *< *
100 do a30 'j4't
; 100 do *"!?
I 60 4c Wl MV
100 do ?10 #4*
200 do b80 14*
600 ?X
60 do lV M
100 do ?nw J4*
825 Cmabl'd Coal. . . 32*
200 do ?M 32
100 do. Moadaj 82
100 do e
1 300 do...... *& 32 ^
| 600 do *10 82*
60 NY Centra) K . . . 91*
?6 do e 01 *
76 do 91
60 do 91*
100 do WO 91 *
$10001 an Bd?, 2d la. 90
?00O 11) Oi? Hii Bd* 73*
1000 Eiie lne Bda.. 77
1000 HrieCldi '71 72
6 ski i-hoe 4 L Bk. 91
100 Cum Coal Co. . *3 82
100 do M0 82*
100 Kie Trmnait to. . 24*
260 Erie Railroad. . . 44*
60 do *3 44*
60 do 44
60 do....?30. 44
SCO do WW 44*
100 do 44*
U0 do ?3 44
TOO do "30 48\
F?i?aV, fWpt 16, 1M4.
f. 1 MV . eatrf KR M 9 |
f> il" h Oca R ; ... 99
? "iek S ath KK.. ?*)
6>i t'?o .int KK "'J
'In Htulin| KK "0
1?W 08ltf
loo do bltt <W a
2i>0 do ?3 W? f
10 i de ortO 70*
6)1 do brtO 70 .
UK <%> aSO 69 \?
60 Her h Tol 'tR.bS 73
10 Kris "Urofel. . . . *?< *
26 do 44 x
1"6 di ?3 *?,?
loJ ilo .... ?3o 44
:<H? de a30 44 'i
SMI do ?10 44*
4' '0 in. ... . boO 46
60 do... e ^ *4
60 do 44?i
hO do blO 4&
200 do *3 46*
l'? do WO 46'i
2H6 do ?3 43
?? do 44
W2 do ?J 44*
1V5 do 44 I
IfO do ?3 44 ;
100 do ?30 44
*? dO b3 44 >i
210 do ?a 44*
lo.i H*rtui> RR ..bOO ?>\"
2"W do &3*
600 (lo ...... 3.1 4
200 di ? it-;
200 do bit MJf
600 do MO 34
10 do 33V
200 do *30 33*
loo do MO 33 \
100 do. e 33*
If, dtlcna * Cb KK 93*
M do ??
64 Hortk Ind RR. . . 9J!
34 C kdo KR. 104
70 Ctov k Pltti BR. U.
1 60 aha Erie Railrawd 44
HO do at] *; ?
60 do b3
:.00 do b>>0 44 ?
190 do KiO <3 ,
60 do.,,...?00 4 1^
200 do 41
400 ReadiDg RR..r*0 7u
2 0 do ht 70
1<K) do ?30 70
100 do U6 ".0
f>2 Panama RR k*
20 Harlom RK 3
2i H? NY C?n R":... MO '.'2
?2 do 92
30 Hodaoe River KR. 4 j
ruiif, Sept, 16-0 P. M
A mow ??r? in fair demand it 94 76 for pMfb and $7
for peta, per 100 Ibe.
BKHiDorrm ? Fioar favored purchaser!. The day'*
[ talee Included 4,900 bbie wbimi to choice state at 90
MX a 90 25, ml ?ed to fancy Western at 98 87 * a 99 03,
with extra Western nod fccnw we at 99 60 a 911, and
2,100 bbl*. Southern fiear. r hi 'fly at 98 59 a ? 'J for in
ferior to food. Besides these sales contracts were set
tied for about 12,000 bhU ,-tate. and 4.000 bbla. rtenth ?
cm, on tenni not tna'e ptibUo 2t0 bbU State ?nra
meal brought 94 26. Wheat was rather sc?ree T)t?
aale< induced 600 buahels htndaoaae Genesee wh:te fbe
retail) at 92 20; 2,009 prin>e do do at 92 12.^. and *,J<&
poor to fair tioutliern red at 91 99 a $1 70. *ale? war*
likewise reported o I 1200 ba-liels rye at 91 33, and
94,000 bushels com at 81 #8. a 82?*o. for iiHowy1, R
a 86c. for Western mixed and lie. for ronad yellow,
per bushel. State and We* Urn eata ware la fair demand
at 69c. a 67e. per bushel.
Raima? Hard North river w?re celling r lowly at ft
76 a 94 per thousand.
Comm. ? About 200 ban *ore rnment Java weri sol*
at 13c., and 200 do , Rio, at lttjfe. a 10 'j? Hale* el"
3,046 baft* of Rio were sold by auction, at 9'Ha a 11 <e ;
average 10 ll-lOOo ptr lb , showing an advance of abuac
Sc. per lb. above the previous satee.
f.orrow ? Valei were moderats, while the market wao
Aim, closing at per lb. advance an tha wee's 'a trans
Fhmc.hth ? -Ra^s to Liverpool were dull Corn *aa no
minalatu^d. add. aak ad, ant a few handred bales of
cotton were engaged \d. a S 10d. for compressed ant
uncompressed There wa* nothing new to Lond m. To
Havre cotton and bone waa nomii.il, at He , aad aab< ?*
at to a 18. To Califo: ala ra'ea r- from ?);>?. to 40e.
per footmeaaurement ino 000 *e?x of lumber were an -
aed for Anitra 'u by the Vi igat# TUrd, at 940 per M. ,
aoeasuremc' ? s-o<k!m wer? talea at 450. per loot.
Hav. ? The h at for si ^pi? g n.. tirm, with aale-a
ef 200 bale* at 1 1
liar. ? Then is been <|oite a eonaiderahle m ire
tufui in Amei ? li?mp during tM put week, and
a'i ut 1,100 ha) ii die*?t-<l. elvi*fl* poor grades, have been
aold at 9220 a 922V, alao t'4K> bate* ucoresfed, at 9170 &
| 9186, leaving the Ktocks tnueh lednaed, and rri;?? tend
ini? rapidly upwards 'He account* from all uertbon- of
the Writ make mention of tb? deficiency r.ojuk>nel by
the long continued drought. No ehan ga in foreign he oca
exccpt in Lima, which U In demand at C\c sir moat"*.
Hoi*.? Hop* were in pretty rood reque-t at .*n.
a -'!.V. for 1863, and 86c. a -He. For thle yea-'* ?th,
per lh.
Ibok.? Fales of 60 a 190 ton* ef Sootch pig ?er* m ? la
at 90U, aix moatha.
I./ihc. ? Eastern waie fzttly bought at 9) l?r
-Lira ? Rockland waa more extensively ?'ea t ia at t*0 s.
for oe Button and 91 19 for lump tor bbl.
? We have onl) to aotioe Mtler of 40 fchdn.
Neuvita* syrup, at 28c , and 20 hbos for to K>co iwo
Us.-ea, at 29c.
Oirs ? Whale and sperm rcmiaiud la fair rwiitsni. at
staioy prices. Vales were report -d of 100 bi-uele ?B*e,
at 93 62K : sundry lets llte^e.' from store, at 78e. a I'M ;
and lard, at 80c a 86c.. per
Pkom>ioi?s ? Poik wa* purchased to the extant of
1,600 bb!s., at 9U J2& a 914 26 for mass, and 911 V, fur
prima, closing very null .-a.es wtre reporte.1, besides,
of 270 bbls. liLrd, at 11c. a lljfce. per lb., anO lHi b .la.
beef, at former rate* Batter and ehaeea w era un
Rk* ? Tie late news of tha partial destruction of the
new crop, being confirmed by telegraphic a^eounts re
ceired here ta day from the flou'h, aad that a large ad
vance in price had taiea place thare, induced ^utte an
active market to-day, aaa sal's *o the extent ef 1,200
risks bave been marie here and ta arrive, at 3;;a. a be ,
the latter rate for a lot of ohoiee.
VrmtB? Sales of 2,600 llw government, No. 1 awtaaegs
were made at 91, and 1,100 mate ef cassia were tola ?fe
21 e , short prioe, cash.
FroRK ? About 460 hhda. Ouha muuoviid'ea vert
auM at 6 l,c , and 100 do New Orleans, at 6e. a
with 30 hhds. at 6c. a 6<^e
Toium.o is mere in demand at fully soataioid price*.
Seed leaf in advaacing, and spaniih in mo<)er<i.!e req'.eat.
Seles :160 hhds. Kentucky, at 7c. a 0>,e.: 134 p'?.gs Ka
vana, 2Jc. a30c.j 367 pkge Cuba, 18^ a lie.; 191 pk?ra.
Vara, p. t.: 284 caeea Ohio aad Coon teed, 6)%e. a 16c ;
9 do. Morida, p. t : 9 aaaej scrape, p. t.
W?wn ? galea tianspitedof 760 ahla. Ohio bad prl??a
at 41e. a 42c. cash, and dSc a Kg. time, kt., with 60
fclida. drudge, at 43a., usual teraae, par gallon.
Wool. ? Inere has beea more d sir aid for this articl*
sinee our laatraoort, and salee of 4caae*ti] Seeoe bate
been made reaching 80.009 ponade of medium grades, at
an average of 84e Pulled waal oontinnca dull, and very
little doing We have no salts ef fareign to notice. Wa
notice several buyera In market, bat more liijtl.-y than
purchiaea. Many af the mille stopped far the want of
water are about reatunitg again, and wa look for mora
A met torn SsUea mf Dry Seeds.
The following were the range ef priaea obuined yet
terday by Meaara. Cain it iiajdoc k, for their m lliner}
gotdc ? Superior No. 1 Faiia satia ribbon, pink, Wacla
and browa, Napoleon mode, ia about the urul pro port
tions, at 9e. a 10c \ 1 X auper Paris qoality ut o ritil^xa^
Napoleonn, white, erimion, black, 4a , 11c. a 20a. ; No. I
super Paris quality rat in. Mae, purple, Nap. ponae and
chocolate, ponso, brown, cheer; , white, green * od pink ,
straw, crimson, at 20c. a 44c. ; No. 9 Pari* quality sat .a
rfbbens, 24c. ; cherry mode, 18c ; pink, white, browa,
chocolate, crtaaeoa, black Nap ?ode, sky, at 43-; ? 46c
No. 9 super Paris silk ribbeas, witn similar rscge sn I
proportion of colore, 8Sc. a 96c ; Noe. 12 and 1 6 f.g-ired
satia and plaid ribtoos,r6c. a 91 ? 6; No. I9pltb) rlbomia
91 46 a 91 60: No. 0 sup<r plaid 4a , 91 80a9> M\ No
14 co do 91 30 a 91 ?, Na. 12 ca. do , 91 20 a 91 AO
No. 10 ratln striped pooKdcsctedo ,91 46 a 91 60; No. A
nailie stripe, 9146a 91 60: No 3 rich bro;he ribblone, $
10a 92 170, demi ficees No 22 do, 9210; demi pie-jee No 1
sat r ribbons, 91 12; No. 12 "aUti do, 9 c.; No. 9ulo( 63, 40
91 76; xa* in stripe do., 91 26 Noa. 14 and 2 do. do., ?l
a tl 16, No. 12 satin Mripea 69 N<?. 9 Hgurad honaet
ilbbona, watered ao , 6'i\e. a 91; plaid do, 9) -.'0 No.
12 9(i. red ard plaid eilf do., il2al2Co.: bro^be, borv
aet, and rich plaid do , 91 20 a 92 Na 9 figured t-onnefc
do, 21c. a 91; plail bonnet .'.a , 40c. *1 12 a 91 26: No.
10 superior poult de ao.e co., 91 ?6 Na. 16 broche, basnet,
do., do plaid noir* do , crape do , 19 Pompadour, 91 8/.
a 91 26 ; half piecee, No. 80, 99 77 ; No. 7 gauae cap ,
36c. a 42c ; No 2 trimming ilbbons and satin cap, 17c %
32c. ; Vo. 10 rich poult de acta do, No. 12 do., do., 92, ',e.
a 91 80; Na. 6 figured satin do , 92c. a 90c ; No. 10 ri la
and better figured satin do ; No. 12 richer and heavier*
with rich taletas abord noire, No. 12 figured poult do
soiea, No. 10 taffetas, watered, No. 10 still batter, 90c a
91; No. 12 rich eoided do., and piaid poult de so.ea, 91 M
a 91 92; No. 4 rich watered drss< trimmings ^o , 41c; No.
10 extra broche, with velvet border, No. 10 superior
quality broche a la HebaatopeA and No 10 snperiir
Pompadour, 92 76 a 94 26: No. 12 rich aaUn piaid, 91 26 ;
silk velvet trimmkgs aid <Je quiTanders, 90c.; Acne a
dark colored satins. 49c: lighi do., aoperW do straw,
white, white lu*?er, pink, csimaoo, batter Ulac, straw,
mode, extra 70c. a ftfc. ; satia, Hlac, straw, blie,
and erimaaa mode blue, lupopior, heavier, bt. ,
62c : 10 in. chaice colore Uaraelllaea, 17c. a 20s., and 10
in de. very heavy and alightty imperfect, 16c. a 29u.
DeaeeatM Mcurketa*
( AMssinot Cama Manarr, Heat. 18. ? At market 1,97?
cattle; about 1,600 beeves aad 479 stores, klark a. beef? .
Kxtra, per evrt., 98; 9rat quality, 97 60; second do , 97
a 97 26; third do.. 9? 50; ordinary, 96 a 96 60. Ili.lea,
per cwt , 96 76 a 96; tallo v, 98 26 a 99 60. Pelui, 40c. ?
62c. Calf skins, 11c a Mc per lh. Teal caWev, 96 a 9A)
oninary, 93 a 91. Stares.? Working oxen, 986 a 9190.
Cowes and cnlvea, 921 a 9 .*>8 Yearlings, 98a 911: t?0
tear old. 917 a 93C; three year eld, 926 a 946. -keep
and 1? ml*. 0.769 at market. Kxtra, 94 a 910; by lot.
91 60 a 93 26. Bwiue? Witoletala, cheats to peddle^
3Xe. a 4c ; still hogs, 4t;c., a&deorn fed, 6s. per lb.
Pwif:nrnN Marxrr, sept 14? At market, 1,000 bee4
cattle, 860 store*, 8,209 sheep, aad 676 swine. Beef Cat*
tie.? Sa'ei of the btet <|ualit)e? qulok at aa advance; w?
?luote extia 98 26 a 9* 60: first qoaiity. 97 26 a Ml ao.
ennd do , 9ft W> a 97; thi'J, #6 60 a 9# 26. Werfcin<
?>xen.? sale#, 970 a 91 jO. Cow* and Calves:? -Sales, 9:%
i a S>hcea. ? smill 'ot*. 92 a 9"> 60 Swine ? D ? j.
| oWi hoe*, 4 ? 4 s , *h iaf? 1o I a"'le 4; still ted fat h
A a 4;4 j al retail, U< u? 4 to i^jj.

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