The New York Herald Newspaper, September 16, 1854, Page 3

THE GREAT ERIE RAILROAD CASE, Becision of the Supreme Court, orien BY JUSTICE BLACK: LEWIS, J., DISSENTING. Supplemental Opinion by Judge Lowrie. [From the Erie Observer, September 8.) ATTORNEY GENFRAL VS. THE BALK AND N. E. RAIL ROAD COMPANY—IN EQUITY. _ OPENTON By Brack, C. J.—This case requires us to give a con- to the charter of private corporation. The yeeney ef such cases excites rome end when we seficet that an act of i tion is always must de interpreted by a rule ro imple that no man, whether lawyer or layman, cam misunderstand er misapply it. ‘That which a compsny thorized to do by its act of it may do; beyond tha} all its acte are sary implication “All pevers mot. gtves fo this plication. powers not given in this ree ne ‘unmistaxable fy i manner are witnheld. It ie that Attorney Gereral, or any body else, should eomplsin inst a nee that keeps itecif within usDy = a tae any, shay mets ont company which bas hap: Sueegrens them should come before us with the faiatest of being sustained. Im such fpomg tye coped bas 1g to work with, sinee nothing can be either Eene oved by legic or inferential rassoning. If you corporation had certain wus the Legislature conte . Failing ust give up your claim, for nothing else A doubtful charter does not is doubtful is decisively certain eorporation. injury comes to any this prineiple, it ig not our have done all that in us lay to impress it on of the dan; H i i a tee F i f [ fi body in comrequence of 5 3 Fe fi is, therefore, nots difficult one. ordinary ‘rer ines sr comiainns et or it sense, cover acts com] OF impifcation of the power to do those 1g fo forbid them, then this bill must be the defendants can take nothing at our construction. We cangot wien the limits set ileges, because they have found them inoon- | marrow. We have no more right or authority stretch an old act of incorporation than we have to Rewone. Ie either case, we would be usurping Ege power, and granting awsy from the State pri- ft 5 f fr i which she has seen proper to withhold. bill Capen it the western term{nus of not where the act of incorpo- vation requires it tobe. 24, That it is so constructed as to and obstruct the free use of certain streets in of Frie, 34, That it also obstructs and impedes the free use of a public road laid out from Erie in the di- ection of ; and 4th, That the defendants have wade » contract by which they have surrende-ed the eentro) of their road to a foreign corporation. 1. The act of incorperation aut jes the defendants SeeeeSteetiowcinr of trtealseitarh fe my , ‘The defendants’ counsel insist that the word from should Gebectean te te’ and that s road as any Led of boro: Propored terminus Cnet eempliance with the law. On @he other hand, the | counsel for the plaintiff insist that it must begin at the borengh line, and not elsewhere. Our epinion is with ‘the defendants on this point, but we think the 1 en it was rather beside | beundary reoties precisely with the south line of the bo- Fete, and there or connects with the road built by the Franklin Canal Company to the Ohio line. Cor- ‘tainly this is nota literal esmpliauce with the act of in- pn at ahy wranees fafraction violations aball see. ‘What pases, made, its limits were extended so as to include the place | Sstlldeter period, she ‘borough wae’ incorpo a was i eity. Bat Levey very clesr shat this slteration of the Hines did not im the least change the rights or of the railroad com; . All laws must be meaning which they beeen A line which not have been in the ‘The modi! t if ications 5.9 Ha F as if eyhi sai ve iF rH H ft +f i 4 Ef; be 3° i i fs 3 Fs fi gE a é 3 3 ‘ 5 3 $ et a5 i é | i i i! # | es : f | I Pci} i i I ry E = i i 1) z SELe & t i ; ze Fi ration forbids it corporators cannot be executed wit at Son teee ae the restrictions with which thay are coup- | ‘ded, F, cannot be execatedat ali. In @ private dees, fall force, hs it destroy or make nugatory all the powers given to the company. ‘The act of incorporation, now befere us, con :aine SoDawing very.emphetis claute:—Whe tyid ra dread shall | the | thon, th | streets mentioned in the bil, e: | another, | touches not | been avoided | the ordinary travel and business of the strest de so constructed as not to obstruct er tmpede the free ure of apy padlie road, street, ens or bridge, now laid e er bullt, er to leterfre with soy Durtal at the eoasca’ eling house or builivag #' oer. It vs most mee upon railroad com aay with asceh provi- is on dangerous ground when it takes treet. It ix not at all easy to uoter- rtavd how the people of a city esa have the use of | street fr-e from truetions and impediments, wren the stueet of er¢imary width, and bas ‘wo railroad trasks upen &, al owe mw every G@ve minute: of the day. Nor is it by any meane imc ossible, toat in this case the Lagi«ia. ture iprended to exclude the company altogether from the streets, even at the risk of having mo railroad mate; for the desire to preserve to the people of Erie and ita aeigbborhord the free ure of their streets and ronts | may Rave been seeneee, ban the wi-h to establish @ rail wy commurieation for them with New York. n obetruc!ion i¢ anything set in the way, whether it Votally closes the passage, or only hinders and retards ress, A road may be obstruc‘ed mre or less. ‘word imyediment is slmost synonymous with ohstruc- tion, exeept that it is seldom, if ever, weed to signify an entire blocking up of the — It is an obstssle—no' an impassable barrier. To itand there words io their ordinary import, and then say thata railroad is not #¢ an obstruction er impediment te the frase use of a street by the pnbdiic is rather more than lean do. Bat baps it 1s net quite safe to interpret them according Te"thetz popula: somes, Uertain tt fo {bat they have sometimes b-en otherwise used in acts of ,ssembiy. A law of Massachusetts provides that “‘if any railroad shall be so laid out as to cross any turopike or other way, it shall be so made 1s not to obstruet such turnpike or way.”’ It was decided (28 Pick. 226) that this did ae ee vent all interference with the road, bu’ required only that it should cause the least p»spibdle interference or impedi- ment. By a statute of this state, enacted in 1603, the owners of lands adjoining navigable streame peed me ted to build dams, provided that such dame eh: “not obstruct er impede the nav igation of h streams, or pre- vest the fish frem passing up the same’? This court (4 bed gh declared, that i’ these worde were taken ° grant itself, a more hveral one wee ed, and a dam which did not materially hinder the navi- gation was held not to be within the prohibition. Al- though the reasoning of these cases does not altogether fit the one before us, they are entitied to much weight. are decisive, |, of ene thing, which is impor- namely: that the words in question may sometimes havea Tegel sigoitication different from thet whieh we would otherwite have been disposed to assign them. For sake of consistency, we must follow in the steps o who went before us, though it be tree that th conceded, as a posstble thing, that a constructed on a public street that 1: be an obstruction to ita free ase—that euch rail- amount to an impedimect, or abridge use for it ia not true (as the con- verse of the it woukl make it) that the street is unobstructed as long as travel upon it ia not entirely prevented. If it be proved that » man may squesse him- self along beside the track, or d across at the peril of his it does not follow tha: the use of the street is free, unel and unimpeded. We held, therefore, that under a charter like this, a railroad caanot be built on a gtreet in such ® manner as mp ry Lop inopeed sirustion. If we assume, as we de, tha’ clause un- der consideration does not entirely forbid the company from going om any street, we must also allow them to greate such impediments as eannot be avoided. Bet those which are not absolutely necessary to the making and usin; pe dhazelvond are unlawfal; for mausgers are bound to leave the street as nearly free from obstractions as they can, and for that purpose to spare no reasonibie expenoitare of money or labor. If, for ins! the rai) road be made above the level of the street, they must grade the rest of the street also, if that will make it bet- ter for tee pee accommodation. They cannot say to the city an: ities : We tldhrobergtve Cate emg and rendered it impassable; but we huve not impeded its free use, beosuse you can restore it sgain tos tolerable con- dition, at your own expense Neither does {! make any difference w! itbe a main thoroughfare or an unim- Prone by street, for this act of incorporatien protests We have attentively considered the bill, acswer, and evidence in the cause, and they satisfy us of the follaw- ing facts: (1.) A considerable por‘ion of one street within the present limits of Erie city ls occupied almost enttrely by the railroad in a manner makes eonside le use of it for other purposes almost impoasi- Die; and this is true, although the de’endants them- selves say that the street might be safely aud conveni- ently used if it were properly graded—a duty whieh they left unperformed. (2.) Two streets are crossed by the Pegi Xe bridges re are too. en a peed posted ‘or the }a: 1s passing one r, or for & Wagon with « bulky load. (3.) Two other pega erossedon sm embankment, considerably sbove grade, with a ditch om each side, and thus all ol: those streets, by any kind of vehicle, stopped as it could be by a stone wall twenty fest bigh. All these things are illegal, for the reasons given. That some of these streets are on low, wet groan, and little used, might be a sort of avology for the defendants, i? ‘we were sitting here to take excuses for the violation of is as oom | the law. But that is no part of our duty. A large of the evidence refera to the danger en- countered by persons obliged to crass the reilroad when trains were ap) ching, and the delsy and inconve pienee caused by cars, which totalty blocked up the If the defendants have a right to make on a street, they bave aiso the right to use it when made. They bor en alt the freight and passen- gers they canget. If the numberof cars and locomotives necessary to do their busisess beso great as sometimes to choke the thoroughfares over which tl pass, it must be rememberod that the same thing would happen in a much greater 4 if the twenticth pert of the business were done in cartia; coaches, and common road wagons. If the cara are suffered tostacd for an ua- price Byes So of time, at places inconvenient to the pubiie, act is indictable as a nuisance, and for any ‘want of proper care the defendants are liable in dam: to the persons ica by it. But it cannot be said that they have violated their charter in causing obstructions kind, unless such obstractions could have been prevented or diminished by a different constraction of the Under other circumstances the voluminous body of evi dence laid before us might require & much more extended discussion. tre are content with the compendious reference we bave made to it, because every of thie railroad which lies u) any street of the city is unlaw- fal the defendants had begun their at the place designated in their act of incor, ey would not have interfered with any of the Ash lane, and thet would have been crossed st a different e. Whena railroad authorised to be made at one place ix made at , it is @ mere nuisapce om every highway it in its ilogal course. The streets in question being on any route which the defendants were au- | thorised to take, thsy areon them in disobedience of their charter, and all they have cone there is without the sha- dow of authority. It is useless, therefore, to inquire hoe wuch of the inconvenience complained of might have a better construction. It is enough to has no busicens at alito be It appears that the city autborilies gave their comseat ‘te the use of the streets, and to the loestion of the rail- road on the ground which it now occupies. This privi- ‘was given ‘‘so far as the Mayor and Councils have Fower in the 7 upon condition that the shov}d cane@the least possible odstruction to ® reservation of the right to withdraw the privilege when- ever it should sppear to the Councils to be injurious to the interest and welfare of the city. The condition was broken, and the privilege was revoked. Bat if the reso- Tation of the Councils had remained in fuli foree up to this time, it would have been of no avai! here. They had. no ‘legal power in the premises.” An act of the Tacisletprn camect he rapes or modified by the orJi- nance of a eity corpor: » Wheat the defendants did in ai ard of the haw was no bess an offence agvinst the rights of the public, because the was io some sort particeps criminis. If both had ited in it, the com- monwealth’s dnty would hare required her to wee that the of her citizens were vindicated og unset both. THT. Tt fe alleged and proved, and not denied that the raitroad has been laid down on along a public road, called the Buffalo road, in euch a way that for some din tance it bg = 3) ee aa pnt at ty a on og contrary, por of people who would other- wise travel thereon are ob! to take apozher way, which the railroad company 4 forthem. Of couree this is within the prohibition s* obsteustions ‘and im; a to the free use of public highways. ‘The answer to this charge is not bused on any interpre: tation which the charter is thought to be capable of. Other grounds sre taken. (ne defence is, tat the ail read could not be made in « straight line without taking of the Buffalo rord. We can only say that ifa rai carnct be mads straight wi ting the law, it must be made croozed, or not made at al! Equally baseless («ves if true) is the other argument, that the public has suffered no injury by thisact. Those public interests which lie outside of the defendacts’ ebarter, are not cominiited to their keeping. The Lagis- lature has though: proper to guard ths right of the people te the free vee of their own reais, by enjoining defendants not to imp2ie or obstruct them, [his injanetion it wse wrong to disregard, even for the naka of @ supposed public benefit. The + have rejested the boon whicn the company tea‘tered thom, ani tie now demande for them the rights whieh are secures and reserve! by her own laws, IV. The charge that the defeodents have, by contract, surrendered the contro! of their read toa Leh ae aon 'e not consider the contract, i, and if our opinion were different we wou withbold it until all the parties could be 4 before us . This of the ipsl allegations in the bili. But aside from these there are one or two matters sug- Eoipereed the defentanty’ counsel, which ought not to without » remark. ase? §: whieh Igeometive eogines, with trains of | The | ether persons sMuded to The ecmmonwealth complains ip due form, by ber accredited ‘egal rep-mentative, the Attorney Genera}, that ose of her corporatinas has vir lated its charter. We have investigaced the esse and found the complaint to be trae. Tho delinquent corpo- ration ¢asput justify reel by showlog that la the com mission of the wing {i reoeives aid and comfort from other persons. IX the Mayor and Conneils of Frie or their constituents, connives at this breach | ef jaw, they were guilty of » sin, for which tueir Dest excuse in thet they seem to have repented of | ft, and are now dispe to assiat the State in vring- | ing the ether offencers to the name wholesome state of wind It eannot be that the defeudants were misied by | the people or their officers, for they mast have knowa j thet o aa ordinanoe could not authorise whatan act of the Legislature forvade No hashes ean legally 0¢ imputed to the Commonwea!th, aad io poiat of tact she has been guilty of no unfaivess She spoke ber will = ty in the act of incorporation, and gave it to tha lefendants to be aguide to their fret and a lamp to their poth. They Gisregard it. Tue Attorney Genecal proves the fact, and stands upfor judgment. We cannot re(uso | what law and equity apd. DECREE. This cause came on to be heard befors the Supreme Court, on the bill ef complaint, on the answer of the de‘endants, and om the proofs aad evidense taken by Doth partir, and was argued by counsel; and thereupon it appears to this Court that the defendan’a have built and¢éo now use and maintsin « certain railroad, koown as the Krie and Nor'heast Keilroad, ef which said rail- road ® jart Sa withis the present limits of the eity of Bria, sed agen oertain stveste thereof, an’ anther part is upon the bed of @ certain public roai keowa as the Buflalo road, m Harbor Creek’ townshia, Erie county; aad that the said railroad in those perts thereof isa bao Sail nat cowead ag age, 7 vanillin re ana at the ‘eu or before the expiration’ of four mouths from this date, break up so much of their said road as lies upom the said streets, and dpon the Buffalo road, and remove the materials thetof, so as to leave the said streets and road in as good eondition as they were in be- fore the construction of saiv railroad. And it is forther declared and adjudged, that the caid defendants are bound to make the borough of Erie with such limits as it bad in 1842, the western terminus of their railroad. therefore decreed and ordered, that rhe sald defendants spall, within four montns from this date, change tbe route and coustruction of their railroxd acec rdingly, and make their western terminus at it was the eastern line of the ypatruct their railroad to supply the parts wy erdered to be broken up, according to pinas aad ape- , to be by them and to be submitted to, and approved by tais Court, on full notice to the counsel of the Commonwealth, and pot otherwise. And the de- fendants eball pay all lawful costs, to be taxed by the etary. By Lowmus, J.—1I eoneur in near! art of the inion read ‘my brother, the Shier Jantice, and in decree that is about to be pronounced, and it would Rave aflurdea me great pleasare to have had the coneur- rence of m:; in propouncing one more stringent im its requisitions. fendante were ed im 1842, to make a ‘Incorpora’ from Erie to the State line on the east, and it is og, Fp aed the sole thonght ir wasin spond Legislature, m inserporating it, was to rn means of commercial conne:tion be:ween the harbor of Erie and the “tate of New York. It is plain, also, that this company has turned almost entirely aside from thie purpose to one that was not at all intended, and, with the sid of that fraudalent concern, the Franklin Canal Company’s road, they have carried out their own main Purpose of forming a connection between Onio and New York, and have converted the intended and proper termivus of their road into little better than a water in the course of their proceedi they have very little to the public authorities of the trary to law, and in violation of the exproes the road commissioners, nay. took possession of the Buffalo or Lidge road, and used it ac- to their own will And mach of the same dis- ‘of the public authorities haa been exhibited in relations with the public officers of tue city of Exie. Thoogh a mere pri ate corporation, and opera‘in; for purposes of gin, they seem to have assumed that the lar Joes! authorities mast stand aside for them, as if in the presonee of their official superiors. I discover ve.y little palliation for their ersors, aud shoul bave been willing to allow them much lees fadul- gence in the mode of retracing their steps. that wy brethren think, that when an in- nD or city is made the terminue cfa raiiroad, the company bas. by implication, a ¢ to earry their Tead to any point within the town or city, and along any Of its streets that they may choose, and this without ‘c at all subject to the dirsction or restraint of the local au- thorities. Ishould have been pleased to have the coacur: rence Nei thie ar in a contrary direction. Itseems to me that is giving © mere private cozporations or asso- satiens sianaceieclty tous far over: those public fane- Yopariee to whom t! trusted, and this. too, by no necessary implication. It some hard enough to have to make euch an implication neat toa town or city that lies between the ter- mm Let it be called illibera! to break the conneetion be- tween this reed and the westerm one. Tania isa matter not for ur, but for the F cit eel i i H segaipare to consider, and per- haps they bave done so, It is not impossible that we y allow the cry of illiborality to drive us into a Quix otic and impractirable eoamopolitism. “tate pride, “tare enterprise, patriotiem, i sell eas; but it is the very form of selisbness that is atthe bottom of ali nations] glory. I trust that it is not to be frittered away by the mere American feeling, which is alweye teading to ob- literate the local and more effective feelings out of which oUF present liberties grow, and upon which they depeod. Theatres and Exhibitions, BRoapway THRATRE —To-night beiog the Inst of Mr 1. L. Davenport’s engage vent, & ly crowded assen- dloge may be expected; so those who hate not as yet sesn him, abould secure their seats early in the day. The piecss to be rey ted are the new play of “St, Marc,” and the nautical drams of ‘ Blick Kyo Susaa,” in which Mr. Davenport will sustain the characters of St. Mare and Willicm. Bowsny Tuxatae —The benefit and Isat ap; Mr. Winans, the leading comedian of this tre, will come off this eveniog. Miss Susan Denin and Mr. Pope are to sppear in conjunction with the regular company, and the performat oe provided, oowprises the comedy of the ‘Honey Moon,” the fazee of the * Young Seamp,”” and the national dams called “Putnam,” in whled Mr. W. R. Derr wild appear. Niwio’s GaRpex.—An entirely * Aaphodel, or the Magic en,” is to be produced at this estaliishment on Me y evening, afer 4 careful preps- ration of fcur monthe, acd at a costc! many thousand Gollars. The entire Ravel troupe {* em*raced in the cast. There will be no performance to-night. Burton’s THEATRE —“bab: 'e comedy called Hid summer Night's Dream,” which is craging full a‘ten dances every night, is to be repeated this eveniag, with the same very attractive cast. pew farce of “An Like us Two Peas’’ will sleo be performed. Those who have rot seen the romedy should avai! themeclvea of the present opportunity. renee of new pantomime, stylei Nanna. THEATKR—The popvler American trage1iaz, Mr. J. R. Scott, ia to yr ae Michsei, in the pojuler drama of “adopted Child,” this evening. new local rieeny pete jhion and yan a io Corde! lowar |prear, and the new extravacen, talled “Plot and Personation,”” ‘which, will tetrocuce pr mamegsied in the principal character, will aleo be ATLACK’S THRATRE.—Colman’s comsiy,'entitled ‘John Balt’’ in to be represented this evening.” The prirsipal characters tg Ne yeni ee e, beets Swe Dyott, Bian way, Mrs. Broug Mra. Gamer.’ The farce of ‘Phenomenon ina =m Frock”? will likewise be played. and Senorita Soto will dance the ‘Pas de Fascination\’’ with 6. W. Smith. Merporoutsan THsaTek.—The entertainment | rovidei for the openiog night of this establishment, which will de on y evening, comprises Bulwer’s comedy of the ‘Lady of Lyons,’ the @rce of ‘Mr. and Mra. Peter White,” together with an original prize address, which will be spoken by the stage manazer—Mr. Etrnge. Awmnican Musecm-—The celevrated drama of the ‘ Cor. sican Brothers”? ie to be played both tais afternoon and evening—C. W. Clark, very popular and talented actor, apperring as the Brothers. The musienl farce ealied the “Maid of the Mountain”’ will alo be played. Hirropromz —The entertainments for this afternoon and evening sre asattractive as any given this season. ‘The great bull race is to come off on day evening. /8ratpine & Rocens’ Cmcvs.—This io the hast dey that this mammoth establishment ean be 08 io this city. The programme for this afternoon and even- ing is very atiractive Woop’s Mixstms have prepared » good programme for this evening a eras: « BUCKiEy’s | BREVADERS are to repeat the burleeque opera of ‘‘Lucrezia Borgia’’ to night Tux BRancu Baxp of Wood's Minstrels effer sereral of their best features for this evening. Sanprorp’s Orma Trourk —There is to be an at as well as evening, performance to-night. 1! formances will close om Wednesday next, being benefit. Macsme Caradori, (well known in New York an Madame Caradori Atlen), brooght Benjamin Siomes, stage carpenter sad machinist, of Drary Lane, befure she Bow-street magistrate, on Wednesday, S(tb nit., on a charge of perjnry. Sloman had made an aMfilavit at Judge’s Chambers, in which, among other matters, he nanerted that Madame Carador: had informed him of her intntion to discontinue singiog at Drury Lane, and % return forthwith to eB Upon this alleged avowal the defendant founded his claim to have Madame Cara- dori and Signor Pavesi held to bail, in respect of certain debts said to have been incurred by them, and which, it es kregeenentet, at, were designing to avoil by quittin e country. e Saimed by deponent sum of £22 16s. Gd. was for services performed, ani in consequence of the statements deposed to in the affidavit, Baron Martin granted an order for the immediate ee of the complaisants. execution the order was deferred untit half past eleven o’clock on Saturday it, at whieb time Madame Caradori was arrested on leaving ths resi- dence of har Jarett, the managing director of the vom- pany, in Altred . She was taken direct to a sponging house, and, it being too late to get asmiriance, was detained in custody the whole of the following Sun- gay (3 20th,) having only obtained her liberation at a late hour om thet day bY paying the amount of the alleged debt and costs, nota farthing of which was due from her. Signor Pavesi was treated ina similar manner, and, not being to speak or understand » word Foglish, believed he had been forcibly taken to some house of iniquity for the purpose of being robbed. Madame i showed the magistrates tha; she had entered into en ‘ta im England, among the for Manchester, which entirely ignored the supposition that abe was leaving the country, and she had further applied to the Home Office for a certificate of naturaliza- pit The care was adjourned, Mr. Henry advising Sto- | haat od . man to effect a settlement, if A dentractive tornado parse’ ever Clinton county, New York, on the 6th inst. The Methodist church and school house at West Chazy, and the Methodist enurch at ite, were blown down, with s number of buildiogs at various pointe, barns, sheds, orcharts, ke. ‘The trains were detained by the trees having blows scrore the tragh. No lives were host. ¢ interests of the public are en-. | FINANCIAL AND COMMERCIAL. MONEY MAUKET. Frunay, Sept. 15—6 P.M. Quotations fer stocks eurrent at the opening of the market to-dsy, compsred with those ruling at the elore yesteréay, show consilerabdle variation, but the changes have been very inegalar. Erie Convertible Bonds, 1871, | fell off 4 per cent; New York Central Boads, ';; Hudson | Railroad, 11; Cumberland Coal, %; New York Central -Railroac, 4; Cleveland and Toledo Railroad, ; Erie | Raflreac, 14. Iilinois Central Bonde advanced 34 per cont; Delaware and Hudsou, %; Florence and Keyport, | Mj; Michigan Ceniral Railrosd, 1; Michigan Southern Railroad, 2. Harlem, Reading, and Nicaragaa Transit remain witheut alteration. Erie Railrond was sustained by renewed purebases on the part of those who yesterday commenced selling. It chsed weak. There has been qn | upward movement in Florence and Keyport stock within the pat day or two. The market, on the whole, wos weak, and things in (he street look as though they were going to take ihe back track. There are stocks on the | list which have within themselves elements of value | whioh are being steadily developed. These stocks may not be so much affected by gencral causes as others, but we doubt if an advance in any of them can be long sus- tained in the face of future embarrasements and con tractions, ‘The steamship Baltic, from this port for Liverpool to- | merrow, will take out a large amount of specie. En- gagements have already been made for nearly a millica of dollars, and the shipment will probably exceed that sum. We quote bills on Londen at 9a 9% per cent pre- minw; on Paris, 5f. 15a Bf. 11K. 4 After the adjournment of the board, the following sales of bonds and atoche were made at auction by Simeon Draper:— $0,000 New York and Harlem RR. lt mortgage, int add . seeeeeeeees . 8735 $10,000 New York scrip, 1801, 6 104s 20 shares Gcean Bank....... + 8 25 do Third avenue Railroad . 36% The above were sold on the usual terms, ten per cent to day, remainder to-morrow. The following were sold for one-third cash, one-third sixty, apd one-third ninety days— 50,000 shares Caledonia Mining Co., Md., per 2,246 shares Chicago and Roek Island Railroad. .80a82\; A new moried institution called the National Exchange Bank haa been organized, and will commence operations at the corner of Greenwich and Duan streets, on or about the 15th of October—Frederick Leake, President, and Robt. T. Creamer, Cashier. Capital, $500,000. The receipts of the Cleveland and Pittsburg Railroad for August were— Au 1854... yd 1883. for the first seven working days ef September were:— Passer gers, $3,848 93; freight, $10,256 26—Total, $14,- 106 19, The warrants estered at the Treasury Depari ment, Washington, on the 13th inst., were:— For the redemption of stock, + $39,149 97 For the Custome...... steeeeee « 12,910 11 Covered into the Treasury from miscellaneous ROUFCOB. 2.6 vevesees serecere cece 980 64 Covered into the Tr: from lands. 000 For the War Leparimeat.... 413181 70 For recpaying for the War Department £630 For the Navy Department. 94 49 For the Interior l'epartment..... 11,897 28 For re-payiug in the Interior Department 3,659, 72 Although much embarrassment has and will continue to result as @ necessary consequence to the extravagant speculative mania which has run over the lani from one section to another, still we have to record the grati- fying fact that, notwithstanding there must be enormous personal sacrifices, the country will, as 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 ie anticipated,, be that in the production of so many competing roads, the best will #0 overrun its competitors as to destroy to a very great extent, their condition and their usefulness. If, for instance, @ straight line road should be constructed, as is now contemphated, to run south through Jersey, the through travel would be entirely diverted from all 3.e exist'ng roads jnow in use, leaving as the only source of profit+uch portion as is denominated local. In our own State we haye experienced the full force of this species of rivsiry, The Frie, running in competi:ion with the Central and the Hudson. fo:med to break down the Harlem, have, sch in their turn, produced reciprocal injury; but the difficulty does not reg: here; these seve- ra) roads have not cply their own respective competi- tions to contend with; it is not the Erfe versus the Cen- tral, and the Hoon against the Harlem, which strike at the root ef their prosperity; they have to encounter through the «ame visor which gave them exis:ence mew enterprises and additional routes, based and con- stracted om ¢uperior information, accompanied by all the advan‘sges of each and every modern improvement. As anexemplification of these views, we now present for reflection and consideration, one of the boiieat and best conceived projects of the day. It has been most energetically pressed forward, steal:hily and judi. eiously moving on, making no pretensions of superiority, while in truth ané in reality it will soon show itself tapping and sapping the foundation of the business prospeets of the several roads of which it ie hereafter to Ddecome the succesful rival. The grand enterprise to which we refer is folly and most intelligently Jaid down ona map now before us, from which we pereeive that the Delaware, Lackawana acd Westera Railroad, with ite principal connections, must, when complete, be:ome the main line of travel and travsportation to the weet" erp lakes, and to the Ohio river at Pitteburg; and consequently when running in connection with the Ohio roade, producing # complete revolution in the channels of internal communication. In the course of a few daye an important link of this route will be finished, accompanied with the usaal eslebration, being that por. tion lying between Binghamton and Syracuse, thus o76n- ing @ continuous six foot rosd feom Scranton to Lake Ontario, leaving to be completed but a distance of sixty- five miles, uniting with the New Jersey Central, which Will furnish the shortest, the safest and the best line from Philadelphia and New York to the Great West The link from Scranton to the New Jersey Central is in such a state of forwardnesa that we have every reasoa to antizipate that it will be ready for use early in the spring, and which, when complete, will transport anthra- cite coal, of the rery best quality, from the mines to the city of New York,within ten hours from the time of atart- ing. The Penns; lvsuia Canal Company will, of course, wend their enal by thie roate, instead of having it trans_ ported on the Delaware and Hudeon canal, whieh is only ‘® portion of the year open. The city of New York basa most direct interest in this roate. We eball cot only have the sbortest roate, the lowest graies, and decidedly the safest road to the far West, bot we eball have onr eupply of antbra. cite coal Wrought to our harbor entirely {reo and independent of Poiadelphia. There will be no tran shipment, consequently no lose nor expense incident t> such chunge. The whole range of the Lockavana and Susquebsone coai Lelds pill be thus jaid open too.r bar bev. Ip connection with this subject, we have to etate ths the several com og lime i been constructed with the strictest ecopomy, and with the mot wri jodgment, Under ne eircuravtances cam mortgage ed tors torn stotkboliers and onsecured bondbol4 re off track and ot of the company: but, om the contrary {bis road will have all the other reads contribating to its prosperity. Ii will out off more than s moiety of the Erie and Central roads, and tarn the travel from the Hadeon mver porth through the peantifal vallies of New Jersey. To caplialiete this enterprise recommends it- elf as the most valuab'e solject for lovertment. As a coal company, the lelaware, Lackawans and Wor bas no competitors; while, in connection with this im- | Prevement, the Pennsylvania Coal Company will not fail to derive the greatest advantages, ae they will bave af forded to them a rep!J, short ani contMaenous railrox! to market for the coal of their inexhaustible vein: ‘The constructios of the Il)inois Ceutral Railroad Com- pany in progressing rapidly and satisfactorily, The an- pexed lelier from the Presileat gives a detalled account of the operations along the line up to the latest date:.— Tuuivows Cevrrat RarRoap Ormce, Cmicado, Sept 6, 1854 TO THB EXRCUTTCR COMMITTEE OF THR ILLINOIS CENTRAL RAIi- ROAD COMTARY =~ Gentlemen—“ince the Ist inst. 1 have passed {n com- ny with our chief-engineer, R. B. Mason, Faq, over the entire msin line of our road between Cairo and La Salle, 808 miles, and find its condition to be as fallows:— ‘The frack is laid ard ready for operation from Cairo north 88 miles, with the exception of the over the Maddy river, €O miles north of Cairo. frame materials for this bridge are all on the ground, and It is now being put up, From Ls salle south the track fe laid 124 miles, with the exeeption of a piece of 10 miles north of Decatur, which is now being tSmglete the tata linet het the track la com, ma 4 over the space between —- it miles seth Cairo, and that 134 miles np of La Salle, which is « distan: eecsea i Ponte Ae “* which ae a party Low em; in laying , and approaching easb | Cher. When they meet be entire main ee wild be ready for operation. Rach of thee» parties should lay from 10 to | 14 mites per month I feel quite cond jen! that, mak- | ing a)l reasoma rie sllowance for ovatiogenci*s, they will complete it on or before the Ist of Janusry cext. The | iren tes, and all ma fo- the trast, are in readiness either on the line or op the Missiveipul, wen thoy wil be brought out by the cross roads, or ap from Calo by our own trains. There are a few porntsou the third i. | che ust hish the graiimy iene: fulry complet. tbonsh the great mass of ir is dow Thess polots are near the centre, between the two parties of task layers, aud will | ondoubtedly be mace ready sefore ta- rack reaches them. The Ohfo am) Mississippi road is now running from Ulinoi+town, opposite S« Louls, te Carlisle, tour- | tee ‘es weet of our line. It is expected that this will | be extended to our line by some day in Vctooer; and if 40, by furnishing us rails from St. Louls, we may atact another party at track-I Our party from the | w#outh should reach the j jon on orabout the lst November. and thus form a lise by railroad between Cairo and St. Louis. North of La Salle our track is laid sixteen miles to the Aurora juoction. From. tha tion to Freeport, rixty miles, th stantially resdy for the track, oi mence next week to lay morth, and another on the lst October at Freeport to lay sourh, and will net be inter. rupted by any want of grading or materials until they meet, the iron and other materials being al] in readiness for the re line from Cairo to bubu From Free. port, the terminus of the Chicago and Galena road, our track is laid to » Mound, a cistance of thirty-eight miles, and is operated by that company. A party row just commenced at Galena to lay track toward eale’s wound, aud will lay over that distance, twelve wiles, in about one month. There will be a little delay at Seale’s Mound, caused by ‘the remains of a very heavy clay and rock excavation at that point, which will require till about the Ist of No- vember for its completion, I think, therefore, that on the Ist of January next we may expect the whole line from Cairo to Galesa to be in readiness for operation by regular trains, gi 4 by Chicago and Gelena road, a Une from Chicago to Galena, by the Aurora Extension road & line from Cairo to Chiesgo, aud by the Ohio and Missigsippi road a line from St. Louis to Cairo, and Bt. Louis to Chicago without intervention of steamboats, ex- cept for crossing the ferry at st. Louls. the Chicago branch the track is Jaid from south 143 miles, ‘and the geading is ais ready for the rails for a further distance of 33 miles, which can be laid during th@ present autumn; the track layiog is pro- greasing also on this portion of the work We have, therefore, now actually laid 400 miles of track and five parties now laying track, and another to be ad ded on the Ist October, all of whom will be fully La vited with materials and graded road-bed until the who! line, except some 70 miles of the southern end of the Chicago branch, is completed, This portion ef the branch ia in a forward state, but will not be ready for the rails until the opening of the spring, when rails can be deliv- ered from both north and south, and the track laid with greatexpedition. I am very respectfully, 'W. P. BURRALL, President Ill. Cen. R. R. Co. The earningé of the Baltimore and Ohio Railroad Com- pany during the month of August, 1854, were as an- nexed — BavriMORE AND Omi0 Rarroap. Hain Stem. Wash. Br. Teials. For paseen; - $48,206 02 = $24,049 10 $72,255 12 Fer freight.... 246,929 76 7,950 78 254,880 49 Total....... $206,185 78 $31,909 83 $327,135 61 As compared with August, 1858, these reccipte show an increase of $78,124 39 on the main stem, and $2,802 06 on the Washington branch—making a total of $60,- | 926 46. The following statement will show how the receipts of the main stem for eight months this year compare with those of the previous:— Main Stem, 1853. Main Stem, 1854. -9101,819 49 $254,277 10 017 27 219,856 87 {216,267 37 356,880 45 219 59 351,879 81 204,910 01 366,074 86 180,967 61 316,802 34 164,140 42 270,214 10 217,015 36 296,139 75 Total... .ss++++-$1,808,407 02 $2,491621 31 1,398,407 02 Unerease......scesceelesceuseeseneeesee:$1,098,114 29 ‘The transpertation eastwardly into the city of Balti- more, during August, of the principal articles, was as follows:—Bark, 70 tons; coal, 61,228 do.; brick, 85 do.; firewocd, 18 do.; flour, 44,8253¢ barrels; grain, 339 tons; granite, 672 do.; iron, 554 do.; iron ore apd mangane, 1,519 do. ; lard and butter, 29 do.; leather, 110 do. ; eot- ‘ton, 62 bales; wool, 575 do.; flaxseed, — tons; soap stone, 250 do.; lard oil, ~ do ; lime, 152 do.; live stock, vis: hogs, 748 tons; sheep, 216 do; horses and mules, 6 do.; horned cattle, 185 do.; meal and shorts, 170 do.; pork and bacon, 120 do.; tobacco, 1,609 hogsheads; whiskey, 430 barrels; miscellaneous, 629 tons; hay, 35.do.; hemp, — de; flour from Washington branch, 3,674 barrcis. Total tonnage ariiving at Baltimore in August, 73,707 tons. ‘The annexed staterient exhibits the quantity and) 'o | of foreign dry goods entered at this port for eonsump- | tion, for warehousing, and also the withdrawals from warehouse, during the week ending and including Thurs- aay, Sept. 14, 1864:— Movements In Forzran Ixy Goons. Entered for Ucnsumption. MANUFACIURES OF WOOL = MANUFACTURES OF Corroy. Value. Woollens: 908,753 Cloths . Cassireres... Worsted Total...... 843 $209,088 MANUFACTURES OF FLAX 340 $77,457 7,141 Laces... 2 Walt Handkerchis.. 16 7,808 Bobt cocge WO 1,819 Total...... 417 $96,748 Silk & linen MISCELLANBOUS. 74 $17,044 Hose 9 2431 8,835 30,511 20,546 Ss 5,332 Total...... 625 $516,605 1,162 Total....,. 243 $04,860 Withdrawals from Warchousz. Entered for MANUBACTURES OF WOOL. Woollens Clothe . Wornteda Cotton & co, Shawis ,. 4,311 Total ...... 177 966,2:4 MANUPACTURRA OF COTTON. Cotion Warehousing. MANUFACTURES OF sILx. Silke 41 $47,869 Pongeess.. 142 24187 Silk & Worst. 6 4,329 Brds. & Bigs. 10 6,622 Total,..... 219 $91,737 MANUFACTURES OF FLAX 040 Linens ...... 147 $27,159 MISCRLLANBOUS. ** 197 $41,036 Strawgoods.. 63 $22,600 n Ley gt en ‘inered Jor Consumption. Quantit Manufsctares of wool... f cotton. “ Miecelaneous .... Total ee ccersessecsecegerees 2001 Withdrawn from Wetrehouse, Manufacturer of wool 502 & f 317 « of silk... 128 ~ of flax 136 Miscellaneous...... 8 Entered for We Manufactures of wool..... 177 “ f 07 “ “ Miecellaneous Total... . $248,776 Foreign productions continue, in general, very dull and heavy, there being no regular inquiry, excepting for the choicest kinds of British and French goods. These form but « very «mall portion of the stock, and command the bent prices, because they are needed to perfect asnort- mente, mainly secured in the austion roems, where, as as our daily readers are aware, most of the undersirable with afew seasonable, articles are being disposed of aj exceedingly low and unprofitable rates. There {9 leas arriving and importers do not seem inclined to enter into apy farther contracts for fresh supplies. This may af, ord the market a little relief; but until nearly all the ods now on hand hero shall have been cleaved off, no greet impro-ement in the condition of the trade cam be ogkgd for. ee etme er mememeee Reece vuenenee, FPripay, Sept, 15, 2284. 5) NY Coatrl RR.DB 9! b Com Rt - @ ‘ich South RR., 60 Paoama Ri 1000 HadOeny lds 4060 NiCenRAB b3 000 * 7 Me de. 69% 60 Clav & Tol Tass 10 Brie i:ailroad.... 444 5 do. % 110 Del&Hiud Cam Co 11%), do.....b10 113 100 Canton Co fre Vie &K Jt tt g pee theserraseercesssee ebenk: a KR ORR do. 96 do. 54 North Ind RR. 2 6 do. 34 CevC &Cin RR, 104 100 do. 10 Clow & Pitts ut, 5% BECOND bOaKD. $1000 Pan Bés, 2d is. 9 160 ehs Erie Railroad 44 wo do 12 300 20 Herlem RR...... 301¢ 100 2m NY Cen RY...000 92 CITY TRADE REPORT. Farmar, Sept, 15—6 P.M Asnme were tn fair demand at $676 for pearls and $7 for pots, per 100 Ibs. Broapervrrs —Fiour favored parehasers. The day's rales included 4,900 bble sommon to choice ntate at $8 6244 a 90 25, mixed to fancy Weaterm at $8 87% a $9 50, with extra Western and Genesee at $9 502 $11, and 2,100 bbls. Southern fear. chivfly at $8 50 a $9 for in- ferior to geod. Besides these sales contracts were set thed for about 12,000 bbls State, and 4,000 bbls. Seuth- erm, on terms not made public 260 bbls. Stato corm meal brought $4 25. Wheat wae rather ac: The Sei ena retail) at A we de at LS. m ene fate Souther! red at $1 66 w 81 70. "hades we ikewise reported of 1,200 bushels rye at $1 23, and 94,000 bushels corn at 81¢0. = 82i¢0. for unenun?, Sic. a bbe. for Western mixed, and 660. for rousd yellow per bushel. State and Wortern eats were in fair de ‘at 58c. a 57. per bushel. Bricua —Hard North river were selling slowly at $3 75 a 94 per thousnnd. Corrm.—About 200 at 18¢., and 200 do, government 0, at 10Ke. K8 of Rio were sold by wu: 10 11-1000. per Ib , ahow! Java were sol? 103, Balen of” n, at 9X8. a ll ie. ; an advance of about ) while the market wae firm, closing at 40. per lb. advance on the wee?’s trans- ns. Faxcurs —Rates to Liverpool were dull. Corn was no- minal at 33,0. a 4d. asked, anc » few hundred bales of cotton were engaged 3d. a 3-16d. for compressed aut uncompressed ‘here was nothing new to London. 1 Havre cotton and bone was nomival, at 3c , apd asbew at $6.0 $8. ToCalifornia rates ranged from 35¢. to 4c. per foot measurement. 100.000 of lumber were en- a8 for Australia by the Frigate Bird, at $40 per M., Meanuremen! goods were taken at 460. per foot. 041 average Hay. —The for sbippicg was Orm, with sales of 200 bales at Heur.—There s been quite considerable move- ment im Amer cn hemp during the past week, and anout 1,100 bales dressed, ehiefly poor grades, have beem sold at $220 a $225; also 660 bales uni ned, aL B170 a $185, leaving the siocks much sedweed, and prizes tend ing rapidly upwards. ‘ibe accounts from al! sections of the West ake mention of the deficiency cocasioned by the bong continued drought. No in foreiza hewpe except in Lima, which is in demand at 630. sx moatna, Bore.—Ki were in preity ( nee Tequest, at * 20e, for 1863, and B6e. ede. for thie yeu)» cro er Ib. FTnox.—Eales of 60 a 100 tons of Bootch pig cere ins to at $59, six monthe. Larne. —Eastern were freely bought at $) %3 per thousand -Lixk —Rockland was more extensively deait ia at #0c. for common and $1 18 for lump, per bbl. Mo; asers.— We have only to notice salee of 40 hhds. Neuvitan syrup, at 28c, and 20 hnis Porto Itco mo- lasses, at 26c. O11s —Whale and sperm centinued in fair requis story prices. Sales were :eport-d of 100 haazets « . at $3°624;; wundry lots lieeos from store, at 78c. a 7x | and lard, at 80c_8 86c.. per gallon. Provisions —Pork was purchased to the extent of 1,600 bbls., at $14 3234 a $14 25 for mess, and $32 75 for prime, closing very dull ales were reported, besides, of 270 bbis, , @t Lic, « 11ie. per Ib., and 160 bile. bei at former rates Buiter and cheese were un- Ruck —The late news of the partial destruction of the new crop, being confirmed by aceountes re- ceived here to day from the Bouh, that a large ad- co in price had taken plsce induced quite an active market to-day, tales to extent of 1,200 casks bi ¢ been made here and to arrive, at 3%e. mse, the latter rate for a lot of choice. Srices—Sales of 2,500 tbe. government, No. } sutmege were made at $1, and 1,100 mata of cassia were cohi at 2le , shert bh. , cash. £vGans.—Abont 450 bhds. Guba muszovad-es were wold at bc , and 100 do. New Orleans, at Sc. a hixc., with 30 hhds, at Sc. a Sie. Tonacco is more in demand st fully sustained pricen. Seedleat is advancing, and + yh in moderate req. Salen 360 bhds, Kentucky, at Te. a 034c.; 184 pk Vana, 22c. a 30c., 367 Wage. Cate, 186 \ Cs of phen Yars, p. t.; 284 canes n00d, Gise. Bbc. 5 9 do. B, tj 9 oases corns, pt frapspiced of 60 Ohio and prison cash, 42c. w 4c. time, &s., with 50 ¢ Hea ae at ce. a be , at 43e., bas 7 at bhds. di Woor.— notice severa) buyers in market, but more inquiry them purchsses. of the mills stopped for the want of ware are about resumirg again, and we lock for more ivity. Auction Sales of Dry Goods. The following were the range of prices obtalne! ye* terday by Messrs. Coffin & Haydock, for their millinery gocde;—Superior No. 1 Paria satia ribbon, pink, black and brown, Nepoleon mode, in about the usual propurs tions, at Ge. a 10¢ ; 1 super Paris quality satin ibbony Napoleons, white, crimgon, black, &¢ , 1c. « 20¢.; No.t ta Proportion of colors, 65c. » 96e'; Nus. 12 and satin and plaid ribbons,ée. 8 $1 75; No. 16 $146 $1 60; No. 6 super plaid 40 , $1.80 °. lé4co do. $1908 $1 . 12 ce. do No. 16 atin striped pout desciedo , $1 45 a $160; No. onilie stripe, $146 a $1 60; No. 3 rich broshe ribbons, 10a $220, demi preoes No $2 do, $210; dewi satin ribbous, $1 12; No. 12 vatin do, 9'e.;No. $1 76; satin stripe do., $1 25 Now. 14and'3 4 $115; No. 12 satin stripes 69 No. 9 iibbona, watered do, 626. 0 $1; 32 figured ard plaid edge do., 112 " net, and rich plaid do , $1208 $2, No. Ofigared tonne do, 27c. a $1; plaid bonnet 40c., $112 0 $1 25; No. 10 #0 nior poult de sole ¢o. No. 16 broche, beanet do., do. a $1 26; Sbe. a 420 ; 326.; Yo. 10 rich a$1 20; Ne. 66 broche, noirs do, erape do, 19 Pompadour, $1 82 ea, No. 8, $8 27; No. 7 gauze fo. 2 trimming ribbons and poult de soie do, red satin do. dQ. seen ah . 12 do.. + W2he. ‘B2e. a We ;* ‘h erimson mode blue, &: heavier, 62c.; 16 in, choice colors Marcalisee ite. & Wo. in. do. very heavy and slightly imperfect, 16¢. a 20. Domestic Campnipe@s Cats MARKET, cattle; about 1,500 beeves and stores, quality, 13.—At market 1,970 More: beef— $7 50; second do., 87 95 0 $5 50. Ext ewt., $8; first abi third do, 's6 00 Be. "Caen a : markét. #40 $10; by Beine-—Wholecale, shoats to Hey jo. ; still hogs, 434c., and corn fed, Se. per 'Pricnton Marner, Sept. 14—At market, 1,600 bee@ cattle, $50 stores, 8,200 sheep, and 675 amine ‘Beef Cate tle.—Fater of the beet qualities quick at an advance; we quote extra $8 25 0 93 60; first cond do , $6 Hf find, 98 Oxen.—ales, $70 n $150, p.—smnall Tote, $2 wrine—D Sad hows b adig; amate to poumle, 45 atill fed fat Boye ee" $gej at etall, from 4t0 ay