The New York Herald Newspaper, December 22, 1868, Page 8

} NEW YORK HERALD, TUESDAY, DECEMB‘@R 22, 1868—TRIPLE SHEET. _ Z f g i i é 2 ; | z FE oF B 8 ") E 5 E # ! sf i i i the hue atsuch a but wholly inadmissible for such Cie Ae ttt, Waaangwon, D. Ox. 26 wan: | imaderate cost that it wets probable, that ali neces- . <4nd'apon the stale of case then before ‘the jard ‘The following 1s a copy of E. B. Washburne’s bill | (0 Nitin Che weanthia as Wi ant paying points frou Omaha to Now York defendant's sixth prayer should also have for the construction of a government telegraph, | whose lines will extend a Richmond, Petzrs- and xew ‘Orleans and Mobile to Washington, Balti- | Imp jyeamt Opinion of the Court of Appeals of gtanted. It very properly stated the law upon, th the Post OMce Department, | burg, arnt nant Mobile and New Orleans, morerand Philadelphia will be reached with an ex- P {aryland—The Liability of a Bank to Pay Assumption that there was evidenc: before jury center tng Giroction of pend. | ‘hus completing the cnast route. ‘The Franklin Com- | penditure of not more than one-baM of the autho- pi ar t's Sag RUndbes wisht tnd’ theacusenes of eanaks between New York and Washington. ‘It isnow ‘bas the credit of Inangurating a reduction of | rized capital. ‘The result so far of this economy | fm im Cases Wi Specially But We think the court below was right In rejects ang in the House Committee on Post Omces and Post | Phe high cari oeiee ccineed an 1366 and of bsing in- | iu building is that the lines indicated have vecn | Dopesited AMirmed—Review ef the De- ing the Ye seventh prayer. It pi Roads, be taken up and considered imme- reducing the rates to all te for three years of their tree and @ half years ¢ sion, to exclude the effect of usage upon the ent rede ~ by the ton lines to the scale. Irom | existence “dividend paying lines, ha ma the Baltimore Sun, Bec. 19. {he 80th December, 1861, but also to exclude all ine Giately atter the recess:— the down the officers of the Franklin are | twelve consecutive qt dividends at the ‘ate {From 1 5] ferences and conclusions that mizht be drawn frou A dill for the constraction of a government tele- | p, ‘elucated pearly alt } of ten per cent per anoum, jes plac &Dtt:on | We give an oficial copy of tne opinion of the Court the relation of the particular form ana terms of tha under the direction of the Post Oitice Depart | o; havi been = coanected of ther 4 to the credit of # surplus or contin- | of Appeals in the case of A. 8, Abell & Co. va. Chesa- entry itself to the facts and circumstances undew, ‘ment, between New York and Washington. ‘business in ita infancy. The experience thus | gent fund. ‘Tnese earnings wore made unger heavy Which tt was made, This, if grauted as an instruce peake Bank (John 8. Gittings, President), involving enact or Te aired enables them preciate peculiar ons of rates, ranging from forty @ sixty per tion, wonld have been erroneous. = eer the Inited States of America in > feptures of the ‘wusinen ty Shape ites public eae tha tien onareed previous ¢o the pen the Itability of special contracts for coim. The case As to the defendant’s eigith prayer, the plaintime assembled, That the Postmaster Fee oe a ee ng oe a sae. rape muon this only | is remanded back for trial to the lower court here on | {Regard 10 lt. It sects from the testimony of Hab; | were entitied to recover only in the event of the thirty days afcer the ‘Of this act ad- | Jar attention to the securing and replies | aa conclusive unat whe-e tele, lines are con; | the merits of the facta showing contract, by reason tattarebat ime agent, that it was not des pig Pa Htbny A the special contract to pay int Weentacton Suldwore, Pullsdelpnia and New York that tis seater tne the aatatsotion of being aowared | with an'eye tothe eceoomoal diabursemens of tis | of the special deposit of $3,000 in gold, | as.an ordinary deposit, and that of the design to | any other currency, ant simmons wis prayer did peak ty Sogritny intl Clgrmnal | fete hen Loz ecpeng atom or ns | kbar econ hcnat ates | made DY toe pnoutn tm che nan in De | teat soe woman occrcs act | fae tary aa oe ns tr fhe is for constructing oa a formed when to expect a le peters ice while they = m- | cemoer, 1861, and entered in the plaintits’ | thereto; and hence the designation of the deposit as } finding would have been certain cong to have: area ay ot Wanningtot. #2 tee Dieeise ot | thar ees eaeaee woot, business tne | peused for their public spirit and investunent the | Dank book by the receiving teller of the institution | coin in the puintide’ bank book. If theu it was | enabled the court te render seen ee judgment to his, tf the Post nice iu the city of Mew York | sit or tsigraphy to the m. | publie are F benesied. George AH. Thurstoo, | gg ‘easn (coln) $3,000, hough the trial has to te Ordinary way by checks payable in paper currency. | The prayer shorts teve tee ea of, thelr Contracts oy way of Pniladelp bi and Baltimore, with ¢ such pany tustltated fe ts w uch, reaulved ‘in the President o the aang Board = ‘Trade, one gone over again, it is with'the fact tn view that the | what were the conditions and stipulations upon | The ninth prayer of the defendant, in the nature of mapaneer’ ibed; amd such adver- | be transinitied in opposite directions at thy same | Trade, ia the Preaident ofthe Pacifeand atiantic Tele- | Court of Appeals has decided in its decision that Mulch the defendant was to aocount othe plaints | an exception to evidence, has alrcaly been = reek oF We period Of fOUr Weel en eee cee ane oe ee eC oa eta et este ct | “when a party agrees to pay in coln, the constitu | Zuesimble entry of itself furnlaues no eviteuce, of | of im deter exceptions as tote adinusalolisy of tba o yeatid be it hurt That the pro- fcr anes nan tae. potor oF Using ration, tonal standard of vatue, and the unquestioned legal | making the deposit tend to establish any express | evidence omred to prove : inventor of this new hich 18 now in | ment of this so far suc successful eh THE BAST INDIA TELEGRAPH COMPANY. operation in ice. currency of the country, there is no justice or pro- | Stipulations in manner in which the It now remains for us to consider the 11 THE pooh AND PACIFIC. The East India Telegraph C »mpany is incorporated ‘. October, netruction, 3 - | that priety in allowing him to discharge his obligation by Senons Fen tn be vale S04 We Are 8h. Jone (0 anoce at ped banvety Saat ere oeat aan of the: be er enacted, may be se] ely for the telegraph wire, for Re poles, for the ingula'ers, for the batteries, for the ition of oy ted by tin stature parties, except as we May | various prayers that were‘o! fae the! materials being furaisned, or for any two cife Tel com f opened thelr line of two | of tis ‘seate to consist aad oper @ teleerayiic baying in a currency of less intrinsic value.” Its | gather it by implication and presamption from the | | This instruction was erroneous because it put or ‘more of said Smee aa Of eainrinls, ox tie 528. wires to Batt lo, N. . end’ on the 8th of January, | lines in the Chinese empire. Phe following are proper to say that the litigation has settled two | atte circumstances. If, however, there be a | jury to find a usage of which, as we bave hes Fits tobe of the mom approved quailty and clas. | Werk cf et a en oe ee ee ne te aGonettiirge'co, | Points which were at tesue between the plaintims and | f2¢"al aud wel esiabished usage OF custom, upon | was no euflcient evidence, It was etroneous, howe Zid proposals shall be. franstnlttel to the | Itwas found necessary to lag a chicd wire iron New | aant secretary wad George Bliss Treasarcre the | the defendant in that case, A fury has found that }roity of Baltimore in® may” ber presumed. tha | stricted Gay ie thee tie Cat the Ury, ¥ tiie we orrect state! that the parties acted in reference to such aad | contract declared on, and that demand plsvie: t pbc oe fro Wyle aa} er to re that terms and conditions not contained in the | made, and a refusal to pay in Specie, ‘that then the lefendan! de: m them 8 depos! © | written entry, and which were not, by express | plaintim™ are entitled to recover a sum equal to the amount of $3,000 in gold coin upon the express | words, agreed upon at the time, were, nevertheless, | value of $3,000 in gold on the 28th of May, 1864, with, agreement that it would return this sum on | 12 the aes of bag assed re ise oy a ae yey te ona ‘The faa be that fea ed 28th 5 contract. For, as it was sai e, B. Hutton | of May, gold was at eighty-five an by demand in coin; and the highest court in | vs Warren, 1M. and W., 475, "ichhas been settiod | anda halt premium, and under this instruct ary j this State has now decided that the Chesapeake Soest tn commersial sansactions oridehes of forom. pred was (iar ne “eae 39, gs which ig Bank committed a breach of this contract, when it usage missibie to annex incidents to writ- | ment was rendered. justified, we think, by ten contracts in matters with respect to which they | no principle of law or reason. Tefused to repay this sum in coin on the demand of | are giient. ‘The same rule has also beon applicd to | Supposs that at the tine of demand made gold, ine the plaintiffs, and that the tender of $3,000 in legal contracts in other Regen ered oy iy wich fn of being af cents are one ee been tender notes was not a compliance with the legal en- own usages have been established and prevailed, | 200 premium, and at the time of trial of this cause 1 and this has been done upon the principle of pre- | had been at no premium at all, would it have been gagement of the Chesapeake Bank. These were the | sumption that in such Cratesctions vine Darties uid the proper measure of justive to have allowed a oo polnts at issue between the Chesapeake Bank and | not mean to express by writing the wholeof the cun- | covery of $9,000, with interest thereon, from the tind the proprietors of this journal, and we are content | wact by which they intended to be bound, but con- | of demand, to Cuntaree the debt of $3,000. 16, with the vindication of our course, which the judg- | tract with reference to those known usages.” But | would be not only the tri plication of principal that, ment of the Court of Appeals conclusively affords. such wu , to be admissible, must be shown to be | would be objectionable, but the a lowance ot j The whole subject 1s now before the Supreme | well established, uniform, general and notorious; | on the original debt at the rate of eighteen ae cent) Court, It 18 believed that the Supreme Court wili | for it is from those attributes of tue particular usage | instead of six, which would be a ciear violation also recognize the right to contract in either cur- | that the presumption arises that the contract was | the Usury law of the State. If such proposition is rency—either in gold or by amr if t¢ sustains | made with reference to it. not maintainable neither ss the instruction under! the legal tender acts; but it is also believed that the dn the case of Thompson vs. Riggs, already referred | which the verdict in this cause was rendered, as, the Supreme Court will hold that gold, pending the sus- | to, the Court said that nogvidence of general usage | supposed and the actual proposition involved in th@ pension of specte payments, is in effect acommodity | or custom, in the ordinary sense of those terms, was | instructions are the same, only differing in proporé as well ag @ currency; and that damages are pro- | offered by the plaintiff or appeared in the record, and | tions. | perly estimated in tne paper money of the country, | therefore the evidence proposed in that case’ was Gold and silver, at rates regulated by law, consti: which ts exclusively a currency, and not in gold, and | properly rejected. tute the legal standard of value and form a currenc: are, of necessity, to be understood as so calculated. But it was conceded that customary rights and in- | in which parties are entitled to deal to the exclusio! Alihough men may differ with the Supreme Court in | cldents universally attaching to the subject matter | of all other, when specially nominated in the cot relation to the constitutionality of the legal tender | of the contract, in the place where it was made, are tract; and in this case the prominent error in thi acta, we cannot conceive that there will be a4 impliedly annexed to the language and terms of the | instruction of the Court was in directing a conv whic! contract, unless the custom is expressly and particu- | sion of the stable and intrinsically valuable gold cols York fc urpose of relieving the | organization of the Kast ludia Company is such as through cane ane eh the prom, ‘in thd to at ounce command pubic confidenve, The princi- sion of meanages between Albany this city. | pal stockholders are Eastern merchanta of the higu- Since the completion of this thira wire, which com- | est sianding, many of Whom have resided in Cina menced working as recently as the 20th of June last, } and are possessed of an intimate knowledge of the it has been found that additonal wires are ueces- | commerce and resourcesof that vast empire. Among sary to accommodate the rapidly increasing busi- | the directors are Paul 8. Forbes, of the firm of Kus- ness, and co! juently the stockholders of the com- | sell & Co., one of tne oldest and most extensive pany have ‘oe bone called u) to increase their | houses in the China trade, and Isaac Livermore, subscription thirty-three and a haif per cent, inorder | father-in-law to Mr. 0 Burlingame. Through that the necessary wires may be put up immediately. | Mr. Buriingame’s influente the Chinese government Ou the 10th of July the Atlantic and Pavitic opened | conceded tw the East ind Company the privilege of telegraphic communications with Toledo, Ohio, and | counecting the great ports from Canton to all intermediate stations between that p int and | Tien-tsin, the port of Péin, by submarine cables. Gieveland, and since that time they bave been | From the following partifulars ft will be seen that the rapidly pushing on towards Chicago, in the hopes of | route of the East ludia Cympany passes through and reaching that city by the 10th of September at | connects with larger and more populous commercial the lutest. At the Atlantic and Pa- | ports than auy otuer line|in the world, Canton, the cific will connect with the Mississippi Valley | starting point, has a population of 1,000,000. Macao, National Telegraph Company, and thus be | the second station, hus a population of 60,000; thence brought into communication with St. Paui, Minn., | the line goes through Houg Kong, with its 250,000 in- St. Louis, St. Noon ares and all the principal points | habitants, Swatow, with 0,000; Amoy, 250,000, and along the Mississ) AS soon as the two wires now | 80 on to Foo-Vhow, whicl city has a population of enroute reach Chicago the workmen will retrace | over 1,250,000. Next om the line are tie cities of their steps, 1 ig a return line, as it were, to New | Wan-Chu and Ningpo, wumbering between them York, and by time that is completed the Atlantic | some 800,000 inhab.tants| then comes Haugtcheau, and Pacific will have opened direct communication | with no leas than 1,200,00), and eighty miles further With Milwaukee. It is the intention of the company » on is Shanghae, with a ulation of over 1,000,000, to run their additional lines from Buffaio to this city ] Having connected the smaboard cities the company along the course traversed by the Erie Lerpen in | wil carry its line to Nagkin, which has 400,000 in- order to communicate with all the principal stations. | habitants; and thehce ts in, with its population The old wires are stretched along a comparatively | of 2,000,000. There can bj no doubt but that this line out-of-the-way track. In @ few weeks the Atlantic | will prove more rumnerdive than any American or and Pacitic Com} will have a wire at Cincinnati | European line of double jr trebie che length, added ral, ceived and opened at the de, ent mail are now received and opened, and ‘same evidence of ability to perform the contract shall be q@ubmitted to the Postmaster General a3 now re- quired in the case of proposals for carrying the aul. ™ SEC. 8. And be it further enacted, 'That the Post- Master General shall, at the time of opening said roposals, also receive and examine aa Proponel an the propr.etors Of any existing of tele- pb 1or the sale to the United States of of telegraph between any two of said cities, or for the entire line herein provided for, with all the property: iranchises, nignts and privileges connected Aherewii Src. 4. And be it farther enacted, That upon ope ing the proposals first herein provided for the Post- master General shall select lowest ot Dids which in the aggregate shall show the lowest cost of construction and equipment of the entire line, and shall compare there rte cost of put or an existing line as proposed (lt any proposal shall haves been made), and, unless the cost of the latter shall be at least twenty-five per centum below such lowest aggregate, the proposal for the sale of Such existing line shail be rejected; if otherwise, it hall be accepted. If this pro shall be rejected, ‘then tne Postmaster General accept the Bais constituting the lowest aggregate, as herein! fore mentioned, Sac. 5. And be it farther enacted, That the con- tracts contemplated herein for the construction of a & ogra) materials toga ‘@pproac! . - | damages jt to be entered where gold itself is the | larly excluded. In the case now before us there is | into the unstable and depreciated paper currency, ieee ore coutmncohinea tebe au the” work to be oo oa vith @ capital =) es ebat yy a vert phy wa = ne connec ues be subject of tie contract, The price of gold, in cur- | nothing eitner in the evidence or the nature of the | and making the value of the latter, as compared will done by virtue thereof, shall be of the best class and rapilly im Doattene and “op; to mon- | purpose of uniting San Francisco tele- | rency, expresses both the value of and of paper | transaction itseif to exclude the operation of the | gold at a particular period, the medium and measur@, ity; and no part thereof shall be accepted until | o Oty and high prices” for a motto, the Atlantic and | graph with Pekin Behring strait and | OD any named day, and a verdict in currency can | usage offered to be proved. It is doubtless true that | of recovery, The suit was for a certain amount) ¢ same shall have been examined and its accept- acitic Tele; Com is ma tion to afford | wul thus place us direct communication ance recommended by some proper officer of the — wry Dosti alone express the true amount of occurring | evidence of usage will not be admitted to contradict | computed in ‘are currency, and the extent of the every accommodation to its patron®. Alpeady the | with Asia. As early as 1$0 a gentleman who is now 4 on any ‘named day, from @ breach contract in | or vary the express stipulations of a contract restrict- | plaintitts’ right of recovery in the event that thi arm. ‘nerefol Secretary icatio: Com- old. ing or enlarging the exercise of the customary right; | special contract was found to exist was the $3, the Soman the ae pri ga eer bare tol tl we sauaianales en ae es oe Seman! - re per basing en . THE OPINION OF THE COURT OF APPEALS. nor will it kar Seekers control the general rules of | in gold, with interest thereon from the time of tha; money shall be on account thereof until the | sent pi Mapagement vast extensions will | making by the English jnd Russian governments The Chesapeake Bank vs, A. 8. Abell @ Co., o2 Jaw or the real meaning of the parties, But it is | demand, There was no reason for the commutation’ @aine shall have thus accepted, and the con- | doubtless be effected. The following are the officers | to open tel phic communications with that coun- peal of the bank, as original defendant, from because of the absence of express stipulations in | of the one currency to the oe bal ‘tracts shall be so framed, under the direction of the | of the Atlantic and Pacific Com s==President, | try, he conceived the briliant idea of securing the juperior Court of Baltimore. In this Kaeed * An- | the contract under consideration that proof of exist- | the contract bed Piaint rs ae ap to receive Postmaster General, tor the of arthur F, Willmarth; Vice President, William H. | exclusive right to construst lines within the empire, | Rapolis, Judge Alvey delivered the opinion of the | ing usage in reference to which the contract is aup- | gold, Dood ee ee tii Mme or for the entire line, as the case may be, Guton; Treasurer, Richard J. Thorne, and Secretary, | so that whichever party Won the telegraphic race | Court of Ap) on the 9th instant as follows:— posed to have been made 1s admissible, in order to | vent eir netting throug! e ‘the entire work col six months | ¢, a, Harper. if ” | to China—tne English via Calcutta, the Kussians via The declaration in this case, Cpr ‘ascertain the real meaning of the parties. “Omis- | of a judgment. the contrary, by article from the time he shall notify the contractor to com- | ‘THE INTERNATIONAL OCEAN. Tartary or the projectors ¢ the lide from Sao Fran- | the common counts on assum) and also @ spec! slons may be supplied in some cases by the intro- | of our Code of public general laws, section 1, it mence the work of said line, / ‘The International Ocean Telegraph Com) ig | cisco ‘by way Beni Stratt—neither could | count, for that on the 30th of ber, 1861, in con- | duction of such proof, but it cannot prevail over or | is declared that the Cage of coins struck at 6. And be it further enacted, That the Post- | chartered under the laws of the State of New York | reach the com: ‘at which they were aim- | Sideration that the tits, at the request of the | nullify the express provisions and stipulations of the | mint of the United Stat a and foreign coins at masiecr General shall establish 8 telegraphic station for the purpose of establishing communi- | ing, except over the in line, The application | defendant, would deilver to the latter for deposit | contract. So that where there is no contract usage | regulated by Congress, “shall be taken aud at as many Post OMices along said line as, in his | cation between the United the British | for permission to cons line within the empire, | Certain coin to the value of $3,000, in the gold and | will not make one, as it can only be admitted either | nized as the currency of this State.” Ino the public int with due regard to | wWeat ‘a hhen the State Panama and the | which was forwarded thrjugh Mr. Burlingame, was | Sliver coin of the United States, the defendant under- | to interpret the meaning of the language employed | cases the judgment is simply rendered for so economy of in, require, and shall | spanish land lines extend from Lake | eventally ted, much to the chagrin of took and promised to return and pay to the plaintiffs, | by the parties in the absence of express aupulations doliars and cents, without characteriz! the mone; employ in the business thereof, as far as rr le, Oe Florida, to Punta on the Guif coast, | number European italists, who, as soon as | On demand, a like sum in gold and silver coin of the | or where the meant is equivocal or obscure’ (5 | in which it is to be palds but in a case the the employes of the Post Office, and may ee to Fernandina and St. Augustine, making | they heard of the schem¢ had done their utmost to | United States, when the intiiis should, by check | Wall, 679; Bliven vs. New Eng. aScrew Co., 23;How., | Sent it would be no ly proper but necessary phic clerks when necessary, in all about 600 miles of wire. The cable isiaia from | secure so valuable a on for themselves, | drawn upon the defendant, ask and demand return | 431; ‘add: on Cont y 853; Greenleaf on , Sec. | prevent any subsequent question being made as eustomary salar! he shall employ, before Punta Rasa to Key West and thence te Cuba, the | Thus originated the East ‘Telegraph Company, | 824 payment of the same; and that the plaintiffs, | 292.) the right to pay in a different currency, to designat Sesesire Rates eneeeea tartans ceed | on ete heed mee mae ete | Dams ceaureaan Me Dee et eaters | Sunee"e tascam eet ureanae | cna turer, opeon fatwa cnrsnar | Sten ene nae eed shall be @ practical tel her, and who r New York laden | o1 ized with a capital of $1, 000, and it 18 believed iver . error ove object ” Zeceive a salary not exceeding #4500 per annum. | company despatched e aieamer trom New York laden | organized with copia off 1,000 0e0-and itis velleved | terms aforessid; snd Bi on the 28th of May. the proder made by the paints and that the evi. | Judgment should be rendered for ao many doliart Sno, 1. And be it further enacted, That no mes- Gimouities had to be encountered the line was | and equipment of the line between Canton aud pe- | thelr check, demand of the defendent return, and | dence of the usage, such as was Broposed to be Daemaciicn se elgg re @age shall be sent over said line uniess it shall be completed in thirty-seven s from the time the | kin. ‘the charter allows of the capital being in- | Paymentto of the said sum 0! $5 (ein. gold . shown to exist, was admissible for the purposes for Ted dettule ‘ontulcen we meas iTReen tie stan) with @ three cent stamp, and there | first pole was planted. The submarine cable arrived | creased to $2,000,000 if pecessary. Two hundred | Silver coin of the United Sta but lefendant | which it was offered. speci! ry b oP oe Pets ae shall be a uniform rate for the transmission of mes- | from E: id in September, 1966. By the ist of Oc- | thousand ‘of the stock has been set apart to | refused, &c. To this d ion the defendant 3, The third and fourth exceptions will be disposed | ment appealed from, ong a @ procedendo. Sages, without regard to distance, of one cent for | tober _— game year the ‘entire line was in working | be disposed of in the Unitel States, $100,000 in Eu- ba woe first, that it never was indebted as alleged | of together, as they both present the same question, eet Le pa awarded. each word, exclusive of address and signature, but | order, and no better evidence of the complete success | rope and $100,000 in The foreign commerce | in the common counts; and secondly, that it did not and 18 regard to she rulings of the court below, as December 9, 1863. i mo message shall be sent for a sum ten | of the undertaking can be given than by stating that | of the ports to be connectell by the East India Com- | Promise as alleged in the special count, To these eins anaes exceptions, we think one hag) Sar Se ee et Hi ents; abe shore be charged two cents for the | the company now work & circuit of over 800 miles | pany’s line is estimated at '$900,000,000 per annum, | Pleas issue was juined. i taken by | untea4 of pursuing the proffer stated in the secon PUBLIC EDUCATION. } delivery of each and every = provided | with one pulsation. The Ouba end of the cable | and when the fact that from these porta the immense At the trial five bills of except on ee en by § bill of bee doer and proving as a fact the existence hat the ent shall be entitled to send is now connected with the palace of the Captain | internal commerce of the whole empire 1s distributed | the defendant, four to the admisability of evidence | of a general and well known usage prevailing with Teoelve all its messages over said line of | General at Havana by seven miles of underground | through its vast system of canals and numerous | 8d the fifth to the refusal to grant prayers offered | the banks of the city and exist before and at tue | Distribution of Certificates and Medals af charge, have priority in sending all mes- | wire, From the Legislature of Florida the Interna- | rivers is consid some idea may be formed of the | by the defendant, and to the instruction given the | time of the deposit in question, the plaintiffs under- G School No. 29. a @ages: and provided wi leas rates than | tional Ocean has the sole and exclusive right for | profite likely to result from this magnificent plece of | Jury by the court. We shall consider and dispose of | took to establish the usage by proving a tew particu. ™ (i rial dae bution of certificates at the herein provided shall be charged by any other tele- twenty years to connect by means of submarine | American enterprise. these several exceptions in the order in which they | lar instances of dealing in some two or three of the 6 semi-an: distri 2 A graph ine between the same points, the Postmaster ‘neral may reduce these rates to conform thereto: and provided furtherg that he may direct that net felegrams for publication by news| Ta shall be frausmitted at a reduction not exceeding Stebc, & and be it further enacted, ‘That if i er el an, omMcer, agent, operator, clerk or employé of sat prin ar any other perneg, shall wi ny civuige ace cuies Ease RA IRS PALE arc or to his agent or attorney, any message Fecetved or sent or intended to be sent over such telegraph line, or the contents, substance, ed rd Or weaning of such message, or any part thereof, or appear to Derek been rg nat ee Se a dianias i Danks nae eemgtiny Ld of “ pes ae female department of Grammar School No. 29, in as to the rul e cou! lc! mode of prov ie existence of the usage, even first exception was taken, we discover no errorof | tie transactions referred to by the witnesses were First ward, came off yesterday morning, and wi which the defendant could complain. The single | of a character different from that proved by them, ig | Made the occasion of a fite day for the pr pany bee ee Ree by the gore jolie baboons mapper erg anaes ae metres! the | teachers and friends of the institution. It 18 odior defendant of the deposit made on the 30th of m- itnesses, however, instead of provin, exisience ber, 166, was offered in evidence by the piaintisy for | of a general, uniform and notorious sage upon the | make Som parn tes 12 TONRT. $0:00R00I O82 ot Sp aed of verifying the testimony of witness | subject, according to our construction of them, prove | @lmost any matter; but the statement must be m: Habliston, and of showing the nature of the parti- | just the reverse. The plaintiffs were bound to prove, | and maintained that the exhibitions of proficiency, cular eg made hy the defendant at the time, as in- | under the a, and according to the rules of law advancement and general discipline among dicative of the character of tne deposit in question. | upon the subject, the existence of the general usage It was not offered to show the general state of theac- | and practice prevailing with the bauks asa fact, and | scholars at this institution stamp # coe eee in ve es io ey, ert taae not as - ee bes Joaeeene: or 0) a of hope —_ yond doubt as one of the most cred! character of one entry might reflect | nesses dedu: m the manner of dealing in a few a upon the nature of the contract under which the de- | instances in particular banks. (Lewis va-Marshail, | Schools in the entire city. The a0 cables the shores and dependencies of the State of THE NATIONAL. Florida with Cuba and other West India islands, as ‘The National Telegraph Company ts organized with weil as the privilege of constructing land lines | a view to cheapen telegraphic correspondence througbout any part of the State, ress has | throughout the United States, and intends locatun; granted similar rights and privileges for fourteen | its offices at all points where there is a probability of ears. From the Spanish government the company | a fair profit being realized. The capital is as received all necessary rights and privileges for | advertt at $10,000,000, divided into shares forty years. Having, among other concessions, the | of $100 each, It is proposed to raise a right to carry their from Cuba to Jamaica and cosh capital of $3,! $35 thence wail tie TnsoruatlOlal cea will | share lor Lue Purpose of Constructing compet! within @ few years pl us in daily communication | lines to all paying points now reached by the “ol with the cities of Central and South America. The | monopoly.” Enorts are being made to induce all capital of this company 18 advertised at $1,500,000. | ciasses of business men to become stockholders, and The principal officers are:—General Wm. F. Smith, | it is reported that the stock is being rapidly distri- President; Alexander Hamilton, Jr., Vice President, | buted throughout the different States and Territortes, shall wilfully falsify or alter any such message by | and H. K. Bull, ‘ireasurer. The lines are to be constructed of the best material: osit was made. The plaintiis, therefore, were not | 7 Man. and Gr. 729; Allen vs. Mer. Bunk, 22 Wend. | 18 creditable, because it is located In a portion of chy adding snereto oe omitting thsretrom any weed or aati BANKERS AND BROKERS’. ‘ with all the latest improvements, within waive Lda to po prngre - Keg Sorry are ny peeee bork Morente fed Lond read to allow such | *itY Which many naturally suppose to be almost e Words, figure or figures, 80 as to materially change ‘The Bankers and Brokers’ Telegraph Com) months after the entire capital shall have been sub- | book, an fe boo! ‘ nk, » TO! a the sese, purport or meaning of such message, to | which advertises a capital of $1,000), commenced | meritrat whe, company } pledges itself to construct and | of the defendant, to. be used by it as evidence for | evidence as that contained in these exceptions to be | “rely deserted, as far as residences are concerned) the injury of the person sending or desiring to send operations on the Lat of September, 1865. Their lines | control at least 10,000 mies of route and 25,000 | any legitimate purpose that might be thought asoper; submitted to the jury. and 1s crowded in by the demon of trafic s¢ muc! ~ game ~ ie pombe — aoe extend to Boston, Fuiadeipale, Baitimore, Saree 8 iniles of wire for $3,500,000. The National has a con- ; We think nothing more could re- ek A io aa fed bo Neer Soke as to give rise tothe idea that business would = rson so offending 8 leemed guilty of @mis- | ton ieorget is company has a fair | tract with the Sociite du le nsal juired. jant’s y fo! puon. a Gemeanor, and shail be punished by a fine not to ex- | himrc nt ccormetown. Prom Wop ng Paiiced vente raniiaue | Teccond—The second exception presents s ques- | inert of choos rayers Was properly rejected. It | !g crowd It entirely out of existence, Besides th share of commercial business between the above | Franvais, which has been organized under the laws far and ‘his city. The principal ofice is at No. 16 | of France to construct a cable from Brest to New road street. York. The officers of the National hope to have PACIFIC AND ATLANTIC TELEGRAPH. their land lines aud connections completed and in This company was chartered August |, 1866, by the operation by the time the French cabie is laid. The State of Penasylvania, with a capital of $3,000,000. | French cabiewill connect with the principal European At that time it purchased the Monongahela Vailey | ines, and through the National with the pri ‘Telegraph Company, chartered eighteen months | points on this Continent, The principal officers of ceed $1,000, or imprisonment not to exceed one year, or by both such fine and imprisonment, in the dis- ‘cretion of the Court; provided that when numerals or words of number occur in any message the operator or clerk, sending or receiving, may express the same in words or figures, or in both words and Hgures, aud such fact shall not pe deemed an altera- tion as to the admissibility of proof of usage in ref- | assumes that the deposit sued for was made.in the | certificates which were to be presented there wi J erence to the ig ir corned the _— of as Poet d ig Ta bl a aid in legal hen two handsome gold medals to be awarded for gene 30th of December, |, and the proper coustruction ler notes, an al he was not boun Of all. the facts and’ circumstances attending. it in coin, If, a8 we have eral excellence and regularity of attendance, These medals were the giits of Congressman John Fox After giving evidence of the circumstances of the 2 deposit with the defendant, the entry thereof in the specie or coin would gratily ti Judge Edward Hogan, and were made the morg plaintiff’ bank book, the demand of the coin by check, ? demand, and it was for the jury to determine, from Honwivonoes ocak Ror In any manner asfect it# | previous, and located its headquarters at Pittsburg, | tue National Telegraph Company arc:—President, | and the price of gold at the time of the deposit, and | all the facts and circumstances attending the maxing | Valuable to the winners by the fact that they w genuineness, force or validity. with @ view of making the organization a purely | George B, Senter; Vice President, Robert Squires; » at the time of the demand, and the bank book, with | of the deposit, whether such special contract | unexpected during the year. There were also Suc. % And be it further enacted, That the sum of | Western one. The chief officers and the majority of | Treasurer, Frederick Prentice; Secretary, George B ertain balances struck therein, having been also | existed. Habliston, the witness, proved that at the | number of other prizes, such as books, writin $7 by appropriated out of any money in | the directors reside at Pittsburg, and from that point | Waiter, and General e ;. given in evidence by the defendant, the piaintiffs then | request of the plaintiffs he went to the bank of te y not otherwise appropriated for the pur- up erintendent, EIN. Keyes, pose of carrying out the provisions of this act. ‘ott | ceiv lesks, workboxes and dolls, presented by th by several witnesses, most of them bank officers, | defendant to ascertain whether it would receive a | GCSks, + . | pba omered to prove, first, that according to the general | special aepeatt; that he spoke to the receiving teller ode bap nom gi to deserving meubers of the ase and well known usage of the banks of the city of | of the bank, by whom he was referred to the cashier, ph time the exercises opened there were Baltimore, existing betore and at the time of the de- | who agreed to receive it, but requested the witness Mr. Thomas Boesé, clerk chet Board of Beaton posit in question and ever since, the entry ofiered | to put the coin ina box; aud upon the wivness say- Commissioners Dupig nac, Hall ‘and Warren; In in evidence in this case imports an agreement on | ing he had no box the casiiier directed the teller (0 | SOtCior Sonn’ Othercon James ely dames Wat the part of the defendant to retura tue deposit in | receive the gold as a special deposit, and #0 enter it Geran s08. E. Littledeld: James 3 stitleé, Su] ering’ kind, and that such evidence was offered for the | on the book; that wituess then went after the gold tenaentor ‘School ‘Builds v" rk aner Thine Oar urpose of explaining & latent or patent ambiguity | and took it to the receiving teller, who entered it on er. Kev. Dr.. Thom 4 i "Superintendent in the entry itself; and secondly, that according to | the plaints’ book. ‘The entry 18 as follows:—“1s61, | Ber. Nive Dr perme até Baller aa a: pamnbel said usage the striking of baiuuces subsequently to | bec. 30—Cash (coin) $3,000."" At the time this de- " - # y the lines of py Fy rad ~ north, east, west pee oeitentoaines and south, Vestwardly the lines at present are y Working from Pittsburg througn Wheeling, Zanes. | HEAVY SUIT FOR DAMAGES AGAINST A RAILROAD COMPANY. ville, Columbus and Dayton to Cincinnati, touching 7 Mey all intermediate towns on that route. Southwardly altho Blnth Mastslce Court the nae eae F. from Pittsburg the lines are working via Browns- Knight through their tutor, gue the Pontchartrain ville to Fairmount, ov the Baltimore and Ohio Rall- Railroad Com any for $60,00 damages, tncurred b' road, aud Waynesbarg, tn which directions the lines | thy ‘death of both them parents,” which, ensued are Me a by ther Wahen tanteay Wrespeeie through the faulty and dangerous construction of ‘a, North Carola and Georgia to Savannah, | Ue Platform at the depot of the company, corner of THE OPPOSITION TELEGRAPH COMPANIES. American EnterprisesNew York the News Centre of the Globe. What the nerves are to the human frame the wires Of the elcctric telegraph are to the world. As yet | From Cincinnati the lines extend southwardiy, via | “ifod street aOMaday Kicceheue, catastrophe having | such entry does not work any change in the charac- | posit was mace the banks of the State had tribe Mr fe On Batten, of the bone tf Presoen Only the more ctviltved portions of the globe are pro- | Louisville and Nashville, to Mempiiis, ‘Teun., ‘0 | SocurTen 0 Delilions alleges ‘tbat the ‘diaiculty ‘ ter of the particular deposit where the balances | suspended specie payments, and gold coy | presided, ‘and opened the exercises with a fe vided v hese wires; wut there can be no doubt Save Yee hae wa Pie vorking in Sep- | Horienced in stepping irom the platform to the car | 8f@, MlWays more than the amount of the deposit. | as compared with paper currency, was at a Bppropriate remarks, - wich tie enue was originaliy ‘To tue offer thus made the defendant objected, and, | premium, with a strong prospect of a greater the Court overruling the objection, the defendant | depreciation of the paper money of the couniry. excepted. ‘These facts were atl before the jury, and from them that the ti the ut school sang in good tim may here be remarked that the programm was most judiciously arranged. “Auld Lan, Auld Lang syne.” I willcome when they wiil stretch to projected as the Southern 1 Company | Steps had caused the wife, Mrs. Knight, to be pre- post ends of the earth, as do the nerves to i the steps, and that in consequence but after the extension of the line from Cmeinnati | !pitated from pe, Aad that in consequenc Pucitle and Atlantic ‘Telegrapt, | Sie fell between the piaiform aud the train of cars States the facilities for telegraphic communication the solicttution of the entire body of stock. | 1% Suis perilous position, pus coudactor and engineer | he established by proof of the usage stated in the | special contract existed tie checks made proper vba coe tres Want te Cer eee tony maa are being so rapidly increase d that, vast as our pos- of the Southern Telegraph Company, pur. | Put the cars be y mesus of wiih she be- | Grrer, is specially enforeible irrespective of what i | demand and the defendant was in deiault in vot eB ld alge tgs Aas saat ° chased ali the stock of the corporation after the line | C#Me entangled aad caught vetween the moving | known asthe legal tender acts, passed by the Con- ing the amount in coin, instead of tendering it | WHO fl ~e a Sessions are, the whole will soon be covered with a ; h cars and platform and was horribly crushed to death. . oy - een | eseration of that locaiity, could not avoid the flight : ; had been Working about a year. Since tie purdiase ‘That sald Geomme F. Knight latoce hall hia | Stes* Of the Uniied States; and secondly, whether | In ‘Treasury notes. lt would therefore have been | 8° memory tO the time when ibetitations suck per rk of wire, The telegraph was first | the Pacific and Atlantic mpany has pushed ir gals 2 Tee ie wile t labored wit fe f- such usage was adimissiole for the purpose of making | manifest error to grant the prayer, whereby the jury that they Were in were unknown aod unthought of. brought practical use in 1844, the line between | He to Nashville and Memphis, as indicated abyye, | Mgt to ex and she Way hive cree gife, Bat | out and estabishing the special contract alleged ia | would have been instructed unconditionally that the ihe pregramnie, Of exercise wes’ selec aan gavel Washin aitimore being th ob Kastwardly the line extends from Pittsburg to kal: | ¥!hout avail, and she was kilied before bts eyes. | tne declaration. demand was not sufficient and the pltnilif, tere- By tere A , ae aitimore being the ‘rst ever isid. | timore, via the National road to Cumberland, these That he hisses eee TOr. het caught between | “"1. "if the special contract for the payment in specie | fore, not entitled to recover. Serve till tal wierited sciaicWiadgrstnt to, tail oe ‘al Ramber of tulies of line} via Eiimettsburg and intermediate lines to Baki. | {Hc cars and Cee Urles He AB A shocking | cori not ve enforced otherwise than as for an | The second and third prayers were also properly duatone portions Of the exereions as firforined it constructed and working in this country | more, Md., where it connects with the Franklin jo | manner and other injuries inflicted, wnd i was w ordinary debt, without regard to its special terms, | rejected. What is lawful money of the United states | rae anne eae at tasty not be don Was estimated to be about 12,000, In iss | Boston. in this extension the Puciic and Auanty | Sreat dlikculty meucd frou Hnmediate 1 of course the usage proposed to be proved wouid | other than gold and sliver coin Is a question of law | OUly 2 by any vimilay Olas.” ‘The tecitation of eh the United States boasted of 40,000, and | (mule the acaulaltion of eee pol tata th | ‘That tn consequence of the rnjuries then and there raevant of insdmumaiben “But we are cf opis. | Seats a ie tO the jury. Nor is all'the money | “Leautiful Gate” by Miss Emma Thompson wi d [ » , having pure! , at the solicitation of 1 ~ wt sa aig relevant or inad ° opin. | decide and no’ y. OD 2 5 , but, gooc E it is now ated that by the close of the present | owuers, the Western Maryland Telegraph company, | Tecelved, the pain and sudering homuedsand the J ton that if the contract be esublisiied ab | emitted by the United Svates made legal tender, a I anon By ung RO a year the total mileage of wire will amount to the | [Tl Union Bridge oa the Western Maryland Kail: | Shock to his 1 ered only for S foetal fy | aled alleged in this case the plamtitfs would be en- | though authorized by law. But by the second prayer be permitted to c eg the palma. ‘The sppeal w respe table sum of 120,000, The increase in the road to Baltimore. From Cumberland the Coupany August 7 186 ora titied to receive in specie the amount of the coin, | the jury would have been ‘required to, Sind for the not for woman's rights, gimiet curis and Bloomes| hum! er of wires radiating from New York has been tyeburg, to Harrisburg, Par Renwarain iron Pass: ‘That the injuries to their parents, of which both | Will interest thereon, payable in like currency, | defeudant upon being satiailed that trousers, but a solemn, hearty appeal to the hearts, burg t died, was caused by Want Of skill, from the time of the demand. here is no reason | was ready and px ped and offered to pay the sun | or American women to do what they canj »roportionate "y Company have & second route runnin, why such coptract should not be specttically en- | demanded in 1 money of the United States proportionate'y large. Two wires eastward and} sicng the route of the Pehusyivanie Ruled Cees | and hegligence on the part of sald railroad company forsed. Whetl & party agrees to pey In coln, tho | other then gold and silver coin. ‘This was whoily in- a ys as toree southward suMced for the transmission of | ade!phia, with offices at all the towns and cities |! the construction of their plu that the plat- | Constitutional standard of value and the unques- | santssrtin. Rpimesce “by ihe sunsue bed hos beth west nd from this city in 1948, In 1858 there | OM the route. This line of wires was originally con- oases inconvenieny diticult and dangerous | tioned iegal currency of the country, there is no | We think the court below was right in rejecting Ser teow.t nhe inte Taieniowarpe foe oD ns Were In use eight wires east and ten south, and at mrncted by Keystone Telegraph Company re ithe notes theretaee dete Gam in $60,000, | Justice or propriety in allowing iim $o discharge the defendant’s fara Prayer. alt Was, tm the dst be styied--by her exquisite elocation touched th the present time from forty to fifty wires are kept De PUTO age be the eee pennayivania; but | nich accrued to, thelt fatier during "nis | Mi# obligation Ty earns £2 f. carrency of less in. | pines, caloulaced to misiead the jury, feeiings of all present, and many a moistened ey the purchase ‘by the Pacitic and Atlantic all the ‘stock of the Keystone, at the instance | 'A° tn hott eae Le stockholders, it became ihe property of | hain neglect “of tule business expenses for Tecan he ante Again, Horthwardly | Dibsiciana tedicines, Wunes, £0, thes Terseeaurey from Pit arg the lines of the Pacific and Atiantic of \etion survive in the Persons of his minor chil. Telegraph Company extend through the towns of | Gel ‘wry navy tnigOtvee nell gc the ou nto Petroleum Centre, to which point dan n wence of the te oie oe tastroph they are being worked, while the line is being pushed ee in conned end proteenen ot trinsic value. W er the Congress of the United | of its abstract and general ebaracter as of the im- States has legalized a substituted currency, act | pression likely to be. produced b i that tne entries might be seen among her hearers when her whether it be competent for it to make legal tender | in the books of detit and c: were foun r? of ‘any other currency than gold vere are ques- | correct, all the special facts and circumstances at- peg ere Sr n a h tions that do not affect and are a from the obil- | tending the deposit of the 30th of December, 1861, Jacquin, and “Young Lochinyar,” by ‘Maga tion of the contract, and although Congress has | were to be excinded from consideration. Prayers Conners together witin the musical portion of tha! jeclared the Treasury notes issued by virtue of the | should be so framed as to instruct and not to misiead pro ramme—were very _creditaply ven. The act of February 25, 1462, and of subsequent acta, to | the minds of the jury as to the manner of consider- medals were presented by Mr. Boes¢ to Misses Emma ly busy on each of the above routes. The success of the Cuba cabdle—the first exclusively American andertaking in that l1ne—has given a fresh Ampetas to the projects fer the extension of tele- graplic communicauoa, and there can be no doubt was finished. Mrs, Siddons could not have don but that within a few ‘ears New York will be th tl c in thy loss of the fostering care and protection of 4 x : news centre not alone a this Continent, but of pres ue wee ete Partie sud Suasee tena their parents and in being deprived of the benestt of | Py mrt, Maney ail tie United state) ni not wate ies tneboted bY the prayer to ansert, asa | Thompson and Charlotte Lambrecht in @ brief an pater garth vam SCS T Company of the United States waa originally’ con: | {Belt | ee af tobe supposed it was Intended to impair and vir- | matter of Yaw, that from the stave of accounts be | ae rite, Sacise W. Gerard, hey. Ur. Thompson PRANESIN COMPANY. structed a6 far as Vil City ge I Merchants’ Tele- fant; invel left orphans while ‘Yet on the threshold tually nullify all previous special contracts stipu- | tween the parties as exhibited by the vooks in evi- and several others among the visitors, all of whot lating for ment in coin or bullion, or that | dence, the jury were bound to conclude that there such® contracts, should not be thereafter mate and | was no spectal contract im regard to the deposit in Sento end highly she children, Milas White, t enforced according to their special terms and stipu- | question, or that the benefit of such spe- which they bad perenne irae mess 6 Generate ees | sit siauina “op Me) algae” eng it waa the intention we Cor of the Uni and abandoned by the’ su States, by the passage of these. legal tender acts, | on and balancing of the account, although Distribution at Grammar School No.3. . to abolish eh —~q fe nage ater aed upon sicmane than the omer 4 sontorerer War ‘The semi-annual distribution of certificates to they the gold and silver coin of the country asa legal | amount f than the amount in cont currency. Nothing appears in the provisions of | found to be to the plaintif’s credit, we cannot assent | female department of Grammar School No, 8 toow those acta to require such construction, and it cer- | to the proposition. For while itis undoubtedly true | piace yesterday at the school building, corner o! tainly would be justified by no mere implication. | that, ordinarily, in ® running account of debit and | Grove and Hudson streets; in the prosonce of # larga; On the contrary, by the act of February, 1862, | credit, it is the first item on the debit side of the graph Comp: but, on profier of the entire of ex! 1 ~ jstnce, and at of lile when moat need- Ftc randeage te’ Sian) ata ur | peda rg ana nded ready, care,and in of nd dam large a present the lines of the Pasine and ‘avanti ser | SMounty Whererore. pray fer” juagment. according onl “rom | $59,000 davages aud $10,000 vindictive damages for graph cone the United States extend from the gross tof the an: Baltimore and Phiadelphia west to Cincinnati and grote inglec in south to Memphis, At Philad i@ and Baltimore . — lemme the lines connect with the lines to Boston WHO 1s ao? = ~ International to he ay ~ rat schedule for reciprocal use res. he lines of Vrom the Vasi lon Bvening , - 19. this corporation are being at present extended in four feuard is he | member of Coteau ale The Franklin Telegraph Company organized under @charter from the State of Massachusetts, with o capital of $1,000,000. Its oMcers are:—J. B. Stearna, President; E. b. Welsh, Secretary and Treasurer, and J.G. Smith Generai Superintendent. The prin. cipal oMice of the company Is at No. 11 Broad street, where about sixty operators are employed, sending, On 4D average, About 2,500 measages and from 10,000 hook (0 21,000 words of press matter over the wires por | diverse directions, viz.:—From Cincinnati to Chicago, } +. -uisiana, mulatto, t certain dues demanded by the government of the | account that is discharged of reduced by the first | Dumber of the friends of the pupils and the scl day. The lines from this point communicate with at | 12 which direction they have already 120 miles of | age, and ‘of mentum ante He peak’ feenuy, United States are required to be paid in coin, and | item on the credit side; and in the case of @ bank | officers of the district, A pleasing programme had, feast 1,000 dierent towns and citica, and wire strung trom Chicago to Logansport, Ind; froma | but’ tncoherentiy, and proj to be a politician ‘of | certain of the obligations of the government are | account, where all the sums paid in form one blended been arranged and was creditably gone through big! os. and are rapidly | Tennessee State line to Memphis, Tenn.; from Day- | no mean py ions. He Bays he ts the fo be paid in the same currency, a distin. | fund, it’ t# the first sum paid in that is frst drawn | 411 oor wnich the Kelly allver medals for being extended east, west, north and south, ao that | ton to Fort Wayne and Lima, to intersect a line of | of Geseral Menard, who emigrated from the province | guished from Treasury notes; and by the act of | out, as was decided in Clayton's case, 1 Merlo 372; ' the 34 of March, 1863, it was provi that on all | yet if there be a cular mode of dealing, or «| moral excellence were presented by the Rev. Dr. A- contracts for the purchase or loan of coin, or | special iment between the parties, the case may | pr, Thomps Judge Brady, who was to have mada m security of any certificate, or other evidence | be in the case of Lysagt vs. Walker, 6 | the presentation, not being present, on account of ae deposit, payable in gold or silver coin, there | Bligh N. 8., 1, where an t who had, in @ pre- | funeral of Judge Robertson. The winners of ” should be & government stamp fixed, otherwise te | vious account, chat maelf with & balance | medais were Misses Mary A. Aitken snd Le “4 same to be void. Thus it appears not only that coin | due from him, continued to receive money for | Forbes, Pleasing addresses wore made by Mr. -— was never designed to be withdrawn from circula- | his principal and to pay money out, it was Kelly, inspector of the district and of the tion and to cease to be @ currency, but that the | determined that his ments were not necessi- | meduis, and members of the local board of trustees, validity of special contracts payable in coin, as dis- | rily to be first appt to the extinction of the , cine tinguishable from paper currency, xpressly re- | previous balance, the receips being equal to the ing of = New Primary School, cognized, and accordingly the Supreme Court of the | payments. See aiso the cases of Taylor vs. Kymer, Opening focated on East Six. United States, in the recent case of Thompson va. | 3 b. & Ad., 820, and Henniker va. Wigg, 42 B., 793. The new primary school No. 4 a vesterd Riggs. 5 Wail, 663, in considering @ question very | The subsequent payment of checks and the striking | teenth street, near avenue A, was opened yeaterday similar to the one under consideration in this case, | of balances on the bank book from time to time ing for the reception of scholars. Judging from sald:—“Contracts between @ banker and lis cus- | would not therefore necessarily veges oo for admission the school tomers are doubtiess required to be perlormed, and | cial deposit in question, if, from the fac the number who applied must be construed in the same way as contracis be. | cumstances of the case, the parties or either of | wit not be long im being Milled, ahd the hein tween other parties, When the banker spe y | them appear to have had a different intention; and ft han institution im this locality will be ampli; agrees to pay in bullion or in coin, he must do so or | such intention is a subject of inquiry for the jury. oS Gave SS 9 were no formal opening exers answer in damages for its value; and so if one The defendant's Afth prayer we think ehouid have | demonstrated. Ringe Raky when teachers and pupils agrees to pay in depreciated paper, the tender of | been granted. The proffer to prove usage made in | cises, but ina eer ith their new quarters, ® publié that paper ia a good tender, and in default of pay- | the second exception does noi appear to have been | become oe ‘given meus the promise can recover only ite warket aud | gratilied. and tue evidence allowed to be given to | reception will od willin & veryshort period they will embrace the whole of the Unked States and the principal cities of Canade. The office of the Franklin Company is also the principal oMce of the opposition itnes leading Out of this city, as Well as of the local lines. The Frankitn Jines radiaty in three directions from this point, viz: east, south and northwest—the total miie- @re being over 3,000. At Boston they connect with the Invernationyl’ Company, with lines through Salem, Vortamouth, 1 id, Auguata, Bath, Rovkiaud, — Bel ke, to on vrouwe w the Bridsh ‘ovinces, and wise with the Northern telegraph wires runnin, turough Lowel, Mamiceoe and the print pal owns of New ampshire, At baltimore the poles already placed, in part construction of a | of Louistana to Jilinois re that State became @ second route ‘from’ Chicago to the Kast by | member of the Union. Me! Jabored on a farm in way of the lake cities aud the interior | Southern /ijinois until he nincteen, when he re- towns of New York state; from Petroleum | moved to the northern of the State, There Centre by way of Fideonte and other oil region | be worked durtng the eummer moni hs and attended towns toward Buffalo. The poles are also being pro- | school during winter. In 18@ he entered Liberia Col- cured for the purpose of making an early extension | lege, Ohio, where he remained until 1861, when he ef the line to New Orleans, to which ¢! it ex. | visited Canada, returning @ the United States in the line wiil be completed early in February. | 1863, He entered the army as hoepital steward in he line will also be pushed to St. Louis from Cin- | this city, but remained onlya few months, when he cinvatt during the fail months, and arrangements | was a desk in the Immigration Kureau of the are now being made which, it i# 6x will ex- | Interior tment. ‘The prejudice exhibited to- tend the line from St. Louis to Jefferson City, | wards him in his official postion Omaha, and Leavenworth in the same period. The | to resi and, disgusted with the government, he Pacific and Atlantic Tel in Company of the | satied for British Honduras. Here he was employed United States is at being the second great tele- | by the British Honduras Company to make an ex- go line in this cour, and with fd view its ein g Med country, which he to the satis- cers such measures eariy in progress as | faction government. He next visitcd Jamaica Prank iia connects with the Pacitic and Atiantic lines, to efiectively bar any ecorts for ‘io absorption with- | and Hayti, returning to New York io 1565. Here he ~woning ip Mig | the ol regions, Wheel | Outs written consen! of the stockholders. While ite ) remained but a ahort time, and again shipped for der. Dayton, Aouisviilé, Nashville, Meny | permissible capital is $3,000,000, a ay of its | New Orleans, where he arrived in September, and, pie and the along she M tans stock ia sold n Is necessary, from time to time, | as he aays, commenced at once to Orgalise *-¢ re- Sa} viit bo nome the ‘Proaiiss tine Serta for the extension of lia wires, the object being t | publicas party of the South. a