The New York Herald Newspaper, November 14, 1871, Page 8

. a ee 2 oe THE BROADWAY WIDENING. Argument on Appeal to the Su- preme Court, General Term. The Pros and Cons of the Case as Set Forth in | the Speech:s of Opposing Counsel. ‘The eubject of the widentag and straightening of Broadway between Thirty-fourth and Fifty-ninth @treets, and also widening Broadway, between ‘Thirty-second ana Thirty-Gith streets, and Forty- eecond and Forty-seventh streets, came up for argu- , ment yesterday in the Supreme Court, General Term, | Judges Ingraham, Barnard and Cardozo on the Dench. The last named Judge, however, did not sit tm an official capacity, as the argument came up on | Pt am appeal trem his decision. Judge Learned, of Albany, siso occupied a seat with the Judges and Wstened with apparent deep interest to the argu: | ment of the opposing counsel. In the preliminary Rearing in this matter the facts nave been so fully | published that it 1s only necessary to give a brief { RESUME OF THE CASE, | By an act of the Legislature, passed May 17, 1869, | & was provided that Broadwa,; ehould be widenea Spumante of Pubi’e Works, bat ‘having been uA r exist in the case of the assess. Sse ‘Wes imposed without nolice on we tral ad Mayor, Aidermen and Common- this amount the $464,398 deducted from s Sigel reson of Broadway ‘hich was closed an Siuohem actin e Sr. tbe Commissioners of submit that it was not the mtention-of the clause m section two of the act, relating to the assessment of one-third of the expense upon the , Aldermen and Commonaity, to allow an a& sessment of one-third of the expense in addttion to me ar Which ts ‘be imposed on Mayor, rmen and Commonaity, by reaso! their ownership of the Centrat Park. He insisted On "Change wheat was strong carly in the day on the theory that the cooler weather promised a speedy closing of canal navigation, but fatled to bold lis firmness in view of the lower range of gold. Cotton was strong and a shade higher. MONEY Easy, The money market was easy, and borrowers had | little dimeuity in supplying their wants at five to | farther that the Central Park is not lable to assess- | Six per cent, the transactions being as large at the ments for local improvements. It is sotally at vari- ance and inconsistent with the uses and purposes for which the Kk was created. ‘The parks are held by the city py, he same title, and no otner, that the eld. reets are fair and illegal Watson po the _ ron cote Neal > ed owned, he urged that the vegisiatu y | ize an application to the Court to vacate tne order of confirmauon, and that tho act of Fevruary 27, 187! was, in ail respects, a valld exercise of | nt bad Hot been finally and conclusively vested, ‘The proceedings were liable to reversal on Sppeal, and, this being the case, it was within the power the | Legislature to extend the time for appealing or to prescribe a new mode In which the proceedings should be reviewed. The argument of appellant | must come up to the proposition that he had @ vested right to require that the proceedings shoula | only be reviewed on the appeal. Such a proposition | has never received ihe sanction of any ‘The | private despatches stating that money in the open , Since Jan. 1..,.$256,961, Courts have over and over again enunciated the law to be thas there is no such thing as @ vested right in r Tne slature may always | wal Park Commissioners were required two lay transfer jurisaiction from one tribunal to another. | The Legisiaure, provided it does not violale @ut and establish the limes, The act also | the constivuuional prohibitions, ‘may | pass retro- required the Corporation Counsel, after the Oom- | Spective laws, such as in their operation may | missioners of the Central Park had made and fled he maps of the proposed alteration, to proceed in | pone Se eet or latent affect suits pending, and give toa party @ i] remedy, or remove ao impediment in we behalf of the Mayor, Aldermen and Commonaity to | way ot fegal proceedings. He urged, in conclusion, acquire fitie to the land reqmrea to widen and | that the Judge at § straighten Broadway, in the manner shown upon | the map, and to apply for the appointment of three | Commissioners of Estimate and Assessment Jor such Widentug and straightening. The Corporation Coun- | eel accordingly applied to the Supreme Conrt at | Special Term, and three Commissioners of Estimate | and Assessment were appointed, who proceeded to hear ali the parties, according to law, and made a report awarding damages to various per- | @ons whose Jands were taken, assessing the ex- pense upon the lots within a certain district @peciiied by the act, or thelr owners, and algo awarding the amounts which the city should recelye from parties owning land fronting on Broad- ‘way and abutting on any part of the present street closed by the act of the Comrissioners of the Central Park in laying out the improvement for the release ef the public interest. The report so made was con- Grmed upon notice, and after hearing counsel for the various parties and also the Corporation Coun- eel representing the Mayor, Aldermen and Common- ity of the city of New York. The order of confr- mation was entered by the Corporation Counsel on ‘the 2th day of December, 1870, No appeal was taken from tbis order of confirmation, nor were any steps taken to impeach it in any way. On the 27th of February, 1871, the Legislature passed an act at- tempting to authorize an appeal from this order, and also # motion to ve made before a Justice of the me Court to vacate the order and \ pea Term il passed upon the | facts, and founa that in addition toerror, mistaxe, irregularity and illegal acta in the proceeaings, the assessments for benefit and the awards of damage | have been unfair, anjust, inequitable and oppressive | \ as respects the Mayor, Aldermen ana Commonalty and others, and that i the Court should feel it in- cumbent to examine the case in that feature it will | be found that Judge Cardozo’s decision upon the oetsced Of fact involved is fully sustained by the | cision, which, doubiless, will be given in @ few days, THE RIVERSIDE PARK. Legal Controversy Over the Awards and Assessments, of the Report. Argument Before the Supreme Court, General Term. annul the awards and ail the proceedings. This act deciares that 1% shal! be tte duty ef the Judge heating such motion, if it shall ap- | graham and Cardozo on the bench, the subject of | f= Wd hum that there Was any error, ear} { arity or iiegal act In the proceeings, oF th: the assessmenis or awards, or avy of them, were or unjust or inequicadle or oppressive as cts the city or any otuer persous, to vacate the of contirmation and refer the matter back to ‘he same or otuer Commissioners. On the 1ith of | 1871, the Ourporation Counsel gave notice a oe under this act, to Vacate the rm! goners ni Motion on the 26th of December, 1870, ‘Ihe mo- ton was heard before Judge Cardozo, who granted an order vacating and setting aside the whole report ‘@ad all the awards, reciting that there was error, mistake, irregalarity and illegal acts in the proceed- and thatthe assessments for beneilt and the B 1s {or damage Were unfair, unjust, inequitavie amd oppressive as respects the Mayor, Aldermen Commonaity of New York and others, The | appointed a new Commission, consisting of | Swo persons, who were not members of the former | Commission, and one of the former Commissioners, } and directed them to make an entire new assess- | guent, both for damages and benelits, Mr. J. Watts | In the Supreme Court, General Term, Judges In- the Riverside Park was up for argument yesterday on the appeals from the ¢onfirmation of the report joary proceedings in the courts, has been too fre. quently and fully given in the HERALD to require ‘apitulation. One thing seems very certain, and that is that if the matter is kept much longer in the courts the project will never get beyond its Present inceptiye progress—& mere park 0. paper. First came a lenguhy argument on behaif of PRIVATE PROPERTY OWNERS $ by Mr. Anderson. He urged in genera! terms that } there is errcr in assessing lots on north side of Seventy-first street for benefit in a larger sum than | is assessed upon tne lots on the southerly aide of | same street; that lands covered by water cannot be , aasessed tor benefit under the act, and that such Pepeyster, one of the parties to whom compensation | Property 18 incapable of receiving benefit from the been awarded ior property taken by the open- 8 and improvement of the street, appeals 1rom order. ARGUMENT FOR THE APPEAL, Ex-Judge Kmott read _a lengthy argument on be- ey the appeilant. He insisted that the order of Cardozv Was appeaiable, and that the Court to consider and decide—first, whether the Legislature had the consututional power to the act of February, 1871; and, second, mether the order made by ‘Judge Cardozo ts a just constitutional exercise of any power which the gisiature could conier upon @ Court or Judge. order of December 23, 1570, confirming the re- port of the Commissivners of Estimate and Assess- ap orp guder the act of 1809, he tnsisted was improvement, and therefore is not assessable. He &lso enlarged at lengin upon the act of the Legisla- ture providing for the Park, and claimed that the same is unconstitutional. When he had finished | roo! 2 A brief rejoinder was made by Judge Emott, after | Gold which the Court took the papers, reserving its de- | Gold balances. Appeal from the Confirmation | | due simpiy to the greater or less favor in which bor- ‘ding to the alleged un- ; Towers and collaterals stood with lenders, Time award “of $130,090 to tbe late Mr. | loans were also accessible at seven per cent. Prime i former as at the latter figure, the dtasnedon bens | paper was quoted 9 @ 12 per cent, Foreign exchanue was ateady on the basis of 108% | @ 108% for prime vanker# sixty-day sterling and 1093, @ 10034 for sight sterling. Tho leading houses all asked the same rates but allowed different com- missions, some a8 much as one-elgnth per cent. GOLD WEAK—111% 4 11134. ‘The gold market was weak on, first, the cable de- spatch In the Sunday newspapers anvouncing the lowering of the discount rate of the Bank of Bel- gium to four per cent and, second, the receipt of market in London to-aay was worth only three and @ half per cent—doubtless @ consequence of the de- speculative sentiment became active on the “bear” side, occasioning @ decline from 111%; to 1113. The course of the market is shown in the taple:— 1113 2P. eg pf pt L pt 1 1 In the gold loan market the rates ranged from flat for borrowing to 7 percent for carrying. The ope- rations of the Gold Exchange Bank were as fol- lows:— cleared Currency balances. At the special meeting of the Gold afternoon an effort was made to abolish the rule en- forcing 1-16 as the lowest rate of commisalon, but the movement was overruled by a vote of 60 to 55 agatnst it. The repeal of the rule would have re- Hew York Oon Ts, 1878.’ FINANCIAL AND COMMBRGIAL. | EE Haye 3 Hee E it te serene it [=] dd u 2 o e; i z i4 34 is 33 cf ‘3 Fs pers SESE ozez 2 aos if Feze? ‘te aete™ ae Pez mz bs crrty A 278 widdee ggstesrsege: E COMPARISON OF THE IMFORTS. The following shows the imports, exclusive of | specie, at the port of New York for the week ending November 11 and since the beginning of the year:— aoe $1,239,156 ase. 3 180,201 | Total for week.. $4,423,453 | Prev. reported, .252, 532,800 eee pee epee 253 $259,134,883 $334,839, 727 THB SPECIR MOVEMENT. sg A ‘The imports of specie at this port during the past end straightened as specified above, and the Cen- alter vhe form of administering justice, and may | spatch first mentioned, Naturally the inference was | week aud since the beginning of the year have been Geducea that the Bank of England on Taursaay a8 follows:— ‘ust lower their rats the | otal for the week. . mi lo fe from five per cent and | Brew reponed Dry goods... General mer’ » Shipping crude was quiet and quoted steady at Io. oF Pad a Fane on the spot, The | unimportant, in jobbing lots there was a fair bi consummati ‘about SALES AT THE NEW YORK STOOK EXCHANGE, Monday, Nov. 13—10:i5 A. Me 200 sha Con C of Md.bo 200 do... 10) Cum Coal & quired a two-third vote. GOVERNMENTS FIRM, The government market was firm and generally steady, the little decline in gold checking buoyancy, especially as the London quotations remained sta- tionary in spite of the reported easier rates for money in the foreign market. The ten-forlies were strong and higher, however, in srmpathy with the | @xoeptional improvement of the several classes of United States fives in London, the new loan being quoted at an improvement to 174 per cent discount. The currency eixes, being infuenced by the local Teasons of easier money and lower gold, were very strong and rather the feature of the market, The following were the closing street quotations this | evening:—United States currency sixes, 113 a | 113%; do. do., 1851, registered, 115% a 116; do, do., coupon, 11744 & 117%; do, five-twenties, regis- terea, May and November, 111 a 111%; do. do, ofthe Commissioners of Hatimate, and Assossreont, | 2% coupon, do. 111% @ 11133 do do. 1864, do. | The history of the case, in connection with prelim- | do., 11134 & 11134; do. do., 1865, do, do., 11154 @ 111%; do, do., registered, January and July, 113% a 11434; 0. do., 1865, coupon, do., 1133f a 114; do. ao., 1867, do, do., 1144 @ 114%; do. do., 1868, do. do., 114% a | 114%; do. ten-forties, registered, 109% a 110; do, do., coupon, 100% a 110, SOUTHERN SECURITIES ACTIVE, The Southern State bonds displayed more activity than has been their wont for a considerable ume, | the speculative and investment inquiry taking quite @ range of the list. The Tennessees were quite | strong, with dealings up to 6734, and the new South Carvlinas were in better supply, at 36 a 35, Good buyers show a disposition to take the Jatter 0) bonds at current quotations, even with the, uncer- | 100 tainty as toa large overissue, the eflect of which, | they reason, has been discounted. Of course they | take all the ‘chances with the investment. The | = new Texas ten per cents met their first sale 4 to-day, at 90, Which was bid tor more. The fol- \ B00 Rae is lowing were the closing street quotations for Mr. O'Gorman, Counsel to the Corporation, replied in | the Southern list:—Tennessee, ex coupon, 6734 & THE INTEREST OF THR CITY. He contended, first, that the act is not obnoxious to any constitutional objection; and, secondly, that it 1s expressly provided in the constitution of the State that the damsges consequent upon the taking of private property for public use may be assessed by commissioners, not less than three in number, | inal adjudicaion and order of the Supreme ‘@ppointed by 8 court of record. 4s to alleged error Court in the premises, and that the motion to confirm that report could nave becn made either at Special | in assessing for benefit the lands under water ne or General term, ‘Jhe appeliant made no complaint | urged that the land under water 1s valuable, and gs to the award in his Case, and it was not shown or that ite value 1s capable of being enhanced by any alleged in any of tne papers or proceedings to have been affected by any error, mistake, irregularity or | Of the causes that contribute to the prosperity of lega. act, or to have been untair, unjast, inequi:a- | the city. He then went on to say that the ble or oppressive. The Legislature in passing the | siatute empowers the Commissioners to assess the i] act of 1871 assumed to authorize or direct a Court | or Judge arbitrarily, without an appeal m due | course of law, upon afiidavits not served, to set Aside a judgment or judicial determination in favor of @ party, to grant & new trial and | direct the cause to be refieard before different arbi- traiors, Lf tunis could be done tu this case the Legis- might aathorize any judgment taken in any fame since the first institution of the State govern- ment to be vacated and set aside, and all mghts @cquired under it destroyed upon a motion heard upon aiidavits, Nosuch power has ever been Fecognized by Courts or Judges 1n tila State. On the contrary, it has been expressly denied whenever Qaseried or claimed. Tne act of 1869 and the pro- ceedings under it, with tue report of tue Commis- sioners, the award and its confirmation, including the actual appropriation of the street by its opening, H as directed by the Commissioners on the day fixed by them, constituted @ contract which the law and the constitution authorized and compelled the land owners to make With the public, and which, like all other contracts, is entitled to the protection of the constitution of the United States and of the State of New York. It was a contract by which the of the city of New York, as a trustee for | the pubic, not only azreed to, but did take for pub- Me use vie tand of the present appellant, among ethers, and became bound to pay him the amount xed by the awards of tne Commissioners. Such a contract is within the protection of the constitution | of the United States, and any law authorizing or at- tempting to authorize any court or tribanat arbiira- Pily to set it aside, or any order annutling it, is an jee with vested riznis and a violation of | the @biigations o1 the contract, The award or right te the amount of damages awarded t ‘appellant was property, as much 80as any mouey or effecss to which he 18 entitied by contract or of which ke 1s possessed. He cannot be deprived of | tais property, exccpt by due course of law. Atthe utmost, all that Judge Cardozo was authorized to do, or should have done, was to vacate such | @Warus as were shown to be fraudulent or anjust. | The order of Judge Cardozo was therefore in ex- | eas not only of the constitutional wer of the Legislatare, but of tae statuary jurisdiction con- | upon him. ‘The act of 1871 does not authorize | @M Application torits benefits by any party except | ie or, Aldermen and Commonality of New | fork, Supposing the act valid to any extent, it | authorizes the order of confirmation to be vacated, | Mevidence shows that “at any stage of the proceed- | Ings tere was error, mistake, irregularity or filegal acts,’ or “if that ‘the awards or | a@seessments were ‘‘anfair, unjust, imequitabdle | or oppressive.” Now, the action of the Court is io be regulated by the extent and haracter of the evidence. It may either refer | back the mater to amend the whole report and | sasessinent, or may direct commissionors to make a | Rew assessment in the particulars specttied. If the ; proof establishes uajust or iliegai acts affecting the | Swards, the Court, supposing the act valid, might | @dopt ihe first course, and aunul the whole pro- ceeding. Hut if, asin this case, the proof submitted | Was confined w iliegaitty in the assessment upon | the property of the cily--the city Ouly complataing, or being authorized to complatn—only that part of | the maport afecung Une city, OF assessing the prop+ erty of the city, should be recommlited. At any rate | O More O/ the proceeding should be or ean be sup- Posed to have been intended to be annulled than ‘Was necessary to correct the special irreguiarity or Wropg pointed out. ‘There might ve urged in ‘cone | clusion renso: # for altering or vacating the awards Bs to bie city, bul there Was uone Jor anaullin| hole proceeding. ered ARGUMENT AGAINST THE APPEAL. | Mr. Vanderpoe!, on Lehai! of the city, made an argument in favor of sustaining Judge Cardozo's order. The first point he raised was that the Com Missioners of Awards and Estimates, in imposing Qhe assessment of $1,647,879 agamst the Central | Park Commissioners, was irre te was irregiiar, incompetent and iegal, Le elaimed, to impose this Assessment after the ab- | etract had peep iiied in the oflice of we Commis | Sioner of Puliic Works, withont notice to the Mayor, | Aldermen and Commonalty, aud an opportunity of , being heard before Commissioners and before the | presentation of tue report tothe Court for confr- mation. Lis second pont was that the Com- missoners hal no authority to reduce the | ar, Wega! and void. | wards made to the fayor, Aldermen | taking the land of the and Commovalty. His next pomt was that the Commissioners were not authorized to amond their waiter filing an abstract by charging any por- Of te expense of the improvement on we | , Aldermen and Commonaity. Le insisted same facts Exist as to this assessment pot Pppearing Upon Lue abeiract fied 1 the oMce Os the , ) ty which they deem to be benefited to tne ex- - tent to which they deem such property to be bene- | fited. They determine the amount of the benefit cl toeach parcel of ;and assessed by con- sideration of its proximity tothe proposed end | Boulevard, and all the other circumstances which tend to confer advantage. The assessment levied by the Commissioners embodies and expresses their judgment as to the advantage derived by the parcels assessed from the improvement. The judgment of the Commissioners is conciusive, as to the fact and amount of benefit, unless some erroneous principle of assessment has heen adopted. In this case no error of principle can be discerued. The Commissioners, in the exercise of their discreuon, have extended their assessment to property which objectors think 13 not benetited. They have as- sessed property on the northerly side of Seventy- first. street more heavily than property on the southerly side of the same Sireet, belonging to the same persons. But these facts, he insisted, ao not present any question of principle. The assessments are the result 01 the exercise of the discretion of the Commussionera, exercised in view of all the facts upon which their judgment is based, and with that judgment the Court wil! not interiere, RAILROAD INTERESTS. At the close of Mr. O’Gorman’s argument ex-Jadge Strong presented the case of the New York Central aud Hudson River Ratiroad Compaiy, which 13 among the appellants, He insisted that there was no authority by law to take and appropriate the portion that had been taken of the roadway and fix- tures of this railroad company for the purposes of the park in question. He insisted that if the Lezis- lature has power to divest the title of a railroad compaor to its roadway and fixtnrea, after the rail- road has been constructed and 18 in opera- tion, by appropriating the premises to some other public use, the power ts limited to the direct action of the Legislature itself, declaring the appro- | priation of the particular premises, and cannot be delegated. He urged further that the power in- volves tn its exercise an interference with the fran- | chise of the railroad company, more or less material according to the circumstances, and may extend to } @0. registered stock, old, 51a 52; do. sixes, eonsoll- 68; do. new, 673, a(8; Virginia, ex coupon, 69 a dated bonds, 6214 a 63; do. sixes, deferred serip, 2734 @ 28; Georgia sixcs, 77 & 82; do. sevens, 67 491; do. sevens, gold, 91; North Carolina, ex coupon, 873 @ 30; do. funding, 1866, 28 a 29; do, do., 1863, 22 24; do, mew, 1934 @ 20; do, special. tax, 15 a 16; Missouri sixes, 96{ @ 9714; do, Hannibal and St. Jo- keph, 23 a 95: Louisiana sixes, 64 a 69; do, new, 58 @ 62; do, levee Fixes, 61 & 65; do. do. elghta, 70 a 80; do. do. cights, 1875, 70a 78; do. Penitentiary sevens, 60.965; do. railroad cights, 70 @ 80; Alabama fives, 67 a 70; do. eights, 99 a 100; do. elghts, Montgomery and Eufaia Ratlroad, 90a v5; do, eights, Alabama gegeesaerasese: it ee SK ot Union Pac tat 6H00 10. } sagaags | dxz0, a 4c. ; sel ber, 44%. ; hey Go rear, 44Kc, a 12:15 amd 2:15 Lior P. Me Be ca He SQ 08 es | Demand, light; holders firm 24 a 812 155 } Demand hight: holders One o?Clock P.M. 1000 shs NYCSHRReita. 87 300 Erte RR. bso Bisy STREET QUOTATIONS. Half-past Five o’Clock P. M. Wee'ern Unton. Nordswest's pi. and Chattanooga Railroad, 90 a 95; South Carolina gixes, 70 a 75; do., new, January and July, 34% a 35; do. do., April and October, 3134 a 33; Arkansas sixes, funded, 62 a 56; Texas tens, 1876, 90 8 93, STOCKS STRONG AND UTGnER, The fortuitous combination of circumstances at | tending the monetary situation here and abroad, so | unusual, ifnot abnormal at this season, has been but without as yet enlisting much Interest on the | same for a few weeks hence as it has been in the past experience of Wali street In- deed the courage of the “bull” cliques in taking hold and buying witnout stint a month ago, when ihe Chicago disaster and the failure of abeut thirty insurance companies threat, ened a universal panic deserves no ordinary reward. They have wavered once or twice since they turned the market in the upward “irection, and would per- haps have taken their proiis bad public enthust- asm been extended enough to have made a market | for the immense quantity of stocks which they are | credited with possessing. But the public have sel- dom had so little interest in stock speculation. Hence the absence of an essential requisite to tie | | success of unloading. It was doubtless a désperate determination to await their day—for ‘‘oulls” and “pears” each have their day, wait they ever so long— | that turned the: once more to the business of ad- | vancing prices, and as the only speck of danger in the future, so far as they could see, was the danger the entire or partial destruction of the franchise, | Of a fizzie m the Syndicate manipulation of the new aud that in this case the taking of the portioa of the roadway in question would substantially deprive | the company of 1s franchise to that extent and otherwise greatly tiapair its value. Such a power, | ne claimed, ext in the Legislature only tn | cases where, in the grant of the franchise, a power 1s reserved Lo alter, modify or repeal it, and this re- | served power is of a wholly legislative character and can be exercised by the Legisiature alone; and | turther, if the power couid be legated, 1c could | not be given to the Commissioners of the Central Park, appointed by the Legislature and state officers, » wholly dependent . of the mua- nicipal Corporation of the city of New York, He enforced, in conclusion, that the orders of confirmation snould be mouified by the | entry of an order correcting the same py inseruag ; in cach the following clause, ‘excepting and ex- clading from such confirmation all awards and ag. | sessments for and upon the roadway of the railroad | company, atid as to all such awards and assess. ments the report of said commissioners is disproved aud set aside.” MR. O'GORMAN’S REPLY, To the above argument Mr, O'Gorman made an ox- tended reply, He contended that although the lands acquired by the railroad company ior tie purposes of Uneir road by the exercise of the power of eminent domain were thereby acquired for the public use a8 @ railroad, yet the Levislature has power to direct the appropriation of the same lands to another pub- | lic use. ‘The power of eminent domain ts a sove- | | Teign power, and being a hg power it ever exists in the people. Itcannothbe limited, abrogated, spent or exhausted, If the proposiuon of the gentioman preceding him was true, he claimed Unat 1t follows that when land has once been taken for a public use the power of the people is spent, and those lands are forever beyond the reach of the sovereign power, whatever be the public necessity, ‘The landa of the raliroad company were acquired by exercise of the power of emiient domain for public use, and surely, then, the people controlling all public uses by sovereign power May direct a change of the nse to another public use, It could not be urged, he contended, that the obiigation of contract ts impaired by | Norihwestera preferred loan on December 1, aud as Washington and Loudon advices gave assurance that no trouble neeu be ap- preheuded in that direction, steam was let into the speculative engine once more and a fresh departure | taken for an indefinite destination on the high roud of prices. ‘Lhe extent of the day’s improvement will | be seen by an inspection of the table below of tie highest and lowest quotations of the leadidg ' | stocks, in which enumeration we omit Lake Shore | | “old”? stock, which 18 now rarely deali in owing to the smail sup ply on the street, the certificates hay- | ing been nearly all submitted to the Umon Trust Company for receipt of the scrip dividend and con- verted, by stamping, into ‘new’? stock, Wacific Mali was active on a report that the parties seeking | control Of the next election will, if successfal, move for an immediate distribution of such assets as siand in the company’s treasury. HIGHEST AND LOWEST PRICFS, The following table shows the highest and iowest prices of the principal stocks durig the day:— Highest, Lowest. ot » U2 New York Central consolidated New York Central serip Erte... Reading .. Lake Shore, new Lake Shore scrip. Wabash... Northwestern. Rock Islanu St. Paul..... dt. Paul preferred Obto and Missiseippl. . Union Paciti Hannibal and st, Josep’ Hannibal and St, Joseph preferred Western Union Telegraph, iiroad company, or that vest — are disregarded. Compensation is made to the company for ali the damage sustained by diverting the land to use as park or boulevard, Mr. Strong made @ brief rejoinder, after which | bonds:— the Court acjourned to this morning to hear a con- tinuation of the argument on behalf of other Appeilants Pacific Mail. THR RAILROAD BONDS. The following were the bids for the ratiroaa New York Cen 6's, 1889. 90 To} & Wab on Kew York Cen 6's, 1057. #1 Vol & Wab « Mew York Can 6's, COMMERCIAL REPOR?. MONDAY, Nov. 13-6 P, M. Corron.—Subseqnent to the official close of the market, on Saturday afternoon, private advices were received here Feporting an Improvement in the Liverpool market which stimulated a brisk export movement. Buriness to-day, how- ever, was moderate, owing main: sellers, who generally demandes b Ki «| 7 ot the market was easier. further taken advantage of by the “bull” ciiques | demand opened sum up a8 follow. part of the outsiders, although that will doubtless | ppon, come (say the “pulls’’) if human nature remains the | Cousani to the extreme views of her prices, At the close veliveries under a tair but closed rather tamely, turday Bven'r pra tS tasca ‘21 he 207 bate basis low middling) the Saturday evening —suveraber, 40) at 184 M0 at 18 9ke., 100 at er, 1,800 at 4 S-18e. , 1°U at Ds By eats kid, a Selid x4 ransitng tu quality clow Lise grade quoted, e market for ail devcripti | somewhat weak, but no on i more than heif a gra thout noteworthy change, Southera flour. w. i, sales were about 12000 bois, Corn meal was quiets ‘We 4 =! ‘ 0. Superiine Western, and Loop Olio, ‘auipping hhoov Ohio, trade brandi SESTSEy Sara SSE PERepEeererererer= Pe at ee ee lertssuvesz ‘The saios for NO. Deprivg; #1 DS lor No, 1'do.; Bt OF a8) Vuifor prime dav in store; $1 08 a Onis were steady at ii}ie. m6. for all kinds, with sales of about 37,00) bushel me. was very quiet and rates on all ods weak, although not auotably changed fro e chartering business was co! ur, Were ut about foriner rates. for worn WO its turpentine was dull ana lower; lon 61ig0. Rosin wer st Tea ‘Tar bl ‘ut without motceable change in wrice; quoted at fi for Srashingson ann for xen ton. Were no sales of tance reportes and prices zeneral *Einaeod quoted. at gus and fiewn 900 Inbbin, eperm at ‘sd whale at Too. @ PRIKOLNUN,—The “market for reflaed remained qui but steady, 22%c. being the general sain price for early ic. very. or remainder of month. Criae in bulk was held decidedly firmer, but continued qulst; quoted at 12/0, a 180. Sasa lene al oa Hie a at Yor Western “or eliy? The lc. je. for Western or city. Saeed hae oaarvt nas, at of month, at Ve also note 8 Of crude fn bulk, for December delivery, a ee. it the © yk the market was decidedly firmer, but quiet; qnoiet at $4 15 0n Upper and 4 2734 on Jower toad. ‘The Philadelphia, market continued quiet, but steaty. Sales were reported of 1.500 bois. refined standard white for the mouth al 223;0. a 22340. B YROVISIONS.—| ts—Pe 134 packages ; do, ; cut meats, 419 do; lard, $199 Dbis, and th pork market ruled ‘quiet at 1,410 but firm, nat ng ir sales Ka SUGAR.—There continnes 8 moderate business in refini on the basis of 8%0. = 9340. for fair to good. Sales wero ried of 1,800 bids. at Bij0. a Give. including 240 bhds, enerara; also 1,000 boxes at from 8240. to Iso. Refined Fras in good demand and stendy at 11%4¢. « I17<0. for Al and 12%e. for bard. We quote:—Ci Inferior to common retin ing, Teo. Bio. fair to xood four relinlne, 8 to 'prime M40. a Oko; fi 9%. a Stan to 13, 840, 9 940. ; doy 18 N3ge. in it7pert dat 19%o 30, 1340. . a Tigo. Rlco—Common to prime reining, 8c. = Bice fatto epolce, grocery, Dge & 10 <0.) “Braet hich java—Dutch stan Nos. 10,9 13, 940 wie. “anils Superior and ‘extra aut MN and ; quoted at 10o, for tel LLOW.—The continued good demand has strengthened ‘the market, and peices to-day were firmer, Sales 200,000 Ibs., CATTLE MARKET, The beet and cattle market was steady, at 100, 0 1240, i with about 1,500 head on sale, Hogs were firm, solling 4c. a di4c., With 6,600 received. DOMESTIO MARKETS, Cotton _ stron; talingny ase net Metin hos + mitdling net.” rec i balen; groan, iG bales. Exports fo Great Britain, (019 roa, Exports + bales; constwite, 208) baica, Sales, 3,000 bales; sto; Son ones alice, Sales, 3, les; stock, SAVANNA, Nov. 19, 1871, Cotton firm, in fair demand; midilin; 17 %e. al? Ke receipts, 4,794 bales; exports to Great Britain, 2,596 bales; exports coastwise, 1,818 balon Sales, 1,650 balea Stock, 55,601 bales. CH10A40, Noy, 13, 1871. Flour firm ani fn fair demand; bigh freights check bual- ess. =Wheat—demand light, Folders firm. No. 2 spring, 34; seller last’ half month, #1 2034; Decem- ; No. 1 spring inactive: rejected, #1 08. Corn e, declined i(c. a Xc.; No. 2 mixed, 42c.; rejected, ler Rovember, dic, a 4B}¢c\; acilor Decem- Rye in nds Ho. 1 declined 3c. Oats acts and higher, cember, 890, : neller Janusi biste, | No. 8 opr demand; No. 1 er acl No, 9 spring, 54 ; seller = to Buffato, &0.; corn, 7c. Receny flour, man wheat, TesynN0" oo 00 Sata, Oi Bs, x nl Hee late ttsteaa MARRIAGES AND DEATHS, Married. ANaUS—JACKSON.—On Thnysday, November 9, by Rev. Wiillam M. Paxton, D-D., Jonn ANaus to on psa daughter of William Jackson. No BLANCK—SANFoRD.—In this city, at the residence of the bride's parents, 67 Stanton street, CHARLES: C. BLANCK to Miss EMMA SANFORD, of this city. BRowN—WI1LsoN.—On Saturday, October 28, 1871, at Bergen, Jersey City Hetghta, N. J., by Rev. James: L, Amermau, Epwako 8. Brown to RurH Ws1s0x. LINEN—WeEsTray.—On Wednesday, November 8, by tlie Rev. A. B, Hart, Eowin KRELER LINEN to | MAY, daughter of Fietcher Westray, all of this city. RICHARDSON—VAN WAR®—In Brookiyn, L. |, on Thuraday, Noyenjver 1871, by the kev. H. M. Scudder, Titomas BE. RretiArngoy, to Onrvia B., daughter of D. Van Wart, all of frooktyn. Sace—Pascocx.—In this city, at 204 Lexington avenue, Colonel A, B. Sagwto Mrs, E, A. BABCOOK, New Haven papers please copy. Birth. ConnzL1.—On Monday, November 13. at 101 West Forty-first street, Mrs, WILLIAM MURRAY CONNELL, Of a posthumous son, Died. AVERY.—On Monday, November 13, Racirt, wife of Join Avery, daughter of the late George Hawes, The funcral services will be held at the residence of her father-in-law, No. 32 King “eye? York, on Wednesiay, at eleven o'clock A. The re- pee will be taken to Fort Lee, N. J., for inter- BaKER.—At Aiken, S. C., on Sunday, Novem- ber 1’, JouN M. BAKER, of this clty. Norice of funeral hereatter, BaMrorp.—On Sunday, November 12, Caries S. BamMrorn, in the 24th year of his ago. ‘The tuneral will take place at ten A, M., on Taes- day, the 14th inst., Irom the residence of Andrew Smith, Esq., 1,542 Atiantic avenue, Brooklyn. BEKGAN,—On Monday, November 13, Tomas BeERGAN, in the 40th vear of nis age. ‘The relurives and friends of the deceased are re- spectiully mvited w attend tne tneral, to take , Place from lls late residence, 39 Mott street, on Wednesday, November |5, at one o'clock P. M. Bunnerr.—On Monday morning, November 13, Evtzavetu D., wife of Thomas F, Burnett, aged 45 years, Funeral on Wednesday morning, November 15, at nine o'clock, from her late residence, 576 West Forty-seventh street, Friends and relatives are In- vited to attend without furtner notice, BorRows.—At Jersey City, on Sunday, November | 12, CaTianine C., wife of Dr. W. Burrows, aged 46 ears. the relatives and friends are respectfutly invited | to attend the funeral, on Wednesday, the iSth, at two o’ciock- I’, M., from 180 Jersey avenue, corner of Sixty street, Jersey City, N. J. at USE.—On" Sunday, Noveniber 12, BARDARA KS! the beloved wife of Bernard Cruse, aged 55 ers, ‘The funeral will take place on ‘Tuesday, Novem- ber 14, at nine o’ciook, from her late residence, 353 . Van Brant street; thence to the Roman Cathol: Charon of the Visitation, Ewen street, South Brook, lyn. DAKIN.—On Monday, November 13, Jony dn the 14th your of lly sige. 8, Jouy Daxin, ‘uneral to take place Tuesday, at one o’ from Une residence of bis mother, 4 Nee: sixth street, ORF.—At Ns resitence, 618 Grand strect, arg, on Monday, November 13, EDWARD RY, M. 1. aged 52 years, of {nneral to-morrow. NGADO. —In Jersey City, on Sunday, November 12, HOWARD S,, Son Of Augastus and Mary Fengauo, an t to attend the funeral this (Tuesday) afternoon, at one o’cloc! from the residence of his parents,’ Lit . Jersey City, sf NEY.—On Saturday morning. November 11, 1871, of consumption, in the 32d year of her age, os Lovis® CAMILLA GIBNEY, Wile ol Francis H. ibuey. Relatives and friends are respectfaliy invited to ottend the funeral, this day (Tuesday), at one one P. §oR a West Twenty-ninth street. GLEBS® n Monday, November 13, JouN GLER- ae the in yege of his age, i ‘ne relatives and friends of the family are re- spectfuily invited to attend the fun rah from his daughters — residence, 104 West enty-seventh Stroef, at half-past one o'clock, on ‘Muesuay after- noon. et Gre met Brooklyn, on Monday, November 18, | 62 years of age. members of the Society of Friends are respectiully Invited to wttead the funeral, from his late resi- (lence, 33 South Portland avenue, on Wednesday, the ioth inst, at two P.M. HewRACK.—On Sunday, Novemper 12, 1871, Manr- cus A. Ueiicer, formerly of Albany, i Une 82d year of his age. ‘The relatives and friends of his family, the’ mem. ers of the New York Stock Exchange and oflicers and memvers of Kane Lodge, 404, Fe and A.M, fre invited to aitend his faneral, withoud rurdier notice, Irom tis late residence, 743 Filth avenue, on Wednesday, at eleven o’etock A. Me HOsGLani.—4t New Canaan, Conn., on Monday. November 15, isi, ANN Avausra, wile of Edward Hoagiand, aged 31 years. Kelatives and trends of the family are respect fully invited to attend the fanoral, from the Metho- dist Episcopal Church, New Canaan, Conn, on | Wednesday, November ‘is, at two o'dlock J. M. ‘Tram leaves Twonty-seventh street and Fourth avenue at cight o'clock A. M, O1.LWRG.—On Monday, November 13, arver long anflering, ANNiR, the beloved daughter of William and Marie Hollweg, aged 2 yeara and 9 months. ‘The reiatives and friends o| the family are reapect- fully invite bo avend the funaral. {rom whe resl- is. atanard white, last half | one P. M. Carriages will depot, AA. opposite Arithmetic, Shorthand, French and Spanish; sepatate ladl legraphy tauzh © private les 10 Wes: Twenty: | for prospectus. | M 1 23 days, reiatives and friends of the family are invited | und irlends of the family and also | Hangs, 20h to 94 we: tf Saturday e November tho residence of his, mother, 4ouN, ‘oldess ‘and the late Hugh Kelly, aged 21 years the repose of his ; bs for mernieat soul; thence to Caivary Oeme cond londay, November 13, afier a lingers ing pines, Sakan Any, daughter ¥. the late David The relatives anit triends of the family, aud those of her prother, William R. Marsh, and brother-in- law, Edward Brown, are invited to attend the funeral, on Wednesday atterndon, 15th tnst., ab tWO O'clock, from her Inte residence, 31t Bowery, MraD.—In Greenwich, Conn., on Suniay, Novem ber 12, 1871, RosBkr MEAD, aged 43 years, Relatives and friends are invited to uttend his funeral, from hig lute residence tn Greenwich, OM Weaneitay, tne te inst. at two o'clock P, My wenty-seventh street half past eleven * ne ene NRO. jer Cove. Michigan, on Thursday, November 9, of congestion of ti Mra. Maria B, Musto, " oe: CaN iendnd fit 2% satan, orem URPHY.—In this city, on Saturday, Nor HY ‘foueraree MurrHy, third daugnter of Wiluace ). Murphy. ‘The friends of the family are respectfuliy Invited to attend the funeral, irom the residence of father, No. 40 Hast Forty-ninth street, on ‘Tuesdi the 14th mst. at two o’slock P, M. McKIsRNAN.—At Astoria, on Monday, November FRANCIS MOKIERNAN, aged 24 years, ‘he relatives and friends are invited to attend the funeral, from h.s Jate residence, Emerald As'orla, on Wednesday, 5th inst, at three orcloek “PINKNEY,—On Sunday morning, November 12, WILtiam T. PINKNEY. ‘The relatives and friends of the family and those of his brothers, Jonn M. and Dr, Howai Pinkney, firm, | are invited to attead the funeral, from ihe Church of the Ly guar Madison avenue and Forty second street, on Tue: at three o'clock. say afternoon, Novemper 14, Ransom.—On Saturday, November 11, after a lin- gering illness, Rev, JoSEPH Ransom, in the 68th Year of his age. ‘The relatives and friends of the family are invited to attend the tunerai, from the Unurch of the Re deemer, corner of Fourth avenue and Auiantic Brooklyn, on Tuesday, November 14, at one o'el P.M. Rrexerrs.—At Elizabeth, N. J., on Sunday, Noe * vember 12, GEORGE Ki, A. RICKETTS, in his ‘both year. The relatives and friends of tne family are Evites toattend the funerat services, at St, John’s thuareh, Elizabeth, on Wednesday, November 15, at wo P.M. Trains leave the foot of Liberty street at @ quarter to twelve A. M., half fit twelve P. M. in waiting as LESINGER.—On Monday, November 13, ARTHUR JAMES ScHLESINGER, infant son of John M. rT a Mary A. Sculesinger, aged 1 year, 4 months and 16 ays. Relatives and friends are respectfully invited to attend the funeral, on Wednesday, 15th Inst, at twelve o'clock M., from the residence of his parents, N15 East sixty-fifin street, thence to Woodlawn Gemetery. SNOEMAKER.—At Tottenville, 8 [., on Sunday, November 12, at twenty minutespast seven A. M., ob scarlet fever. MARGARET COLR, daughter oi Charles F. and M, A. Shoemaker, in the 7th year o! her age. SILBEKSTEIN.—'The memhers of the Forty-fourtl street synagogue are invited to attend the funeral Joseph Silverstein, from his late residence, 153 Firat avenue, this (Tnesdas) afternoon, at oue o'clock. I. 8. ISAACS, Sceretary, Trrvs.—Wm. T. T:T08, of Cornwall, N. Y., on Sixth ay, eleventh month, 10th. Relatives and sriends are invited to a'tend the fa- neral, from his late residence, on Ith (Tuesd Eleventh month, at twelve M. Carriages will be in waiting at Newburg on the arrival of the cight A. M. Hudson River Railroad train from New York, UNDERHILL.—At Chicago, on Saturday, Novemper 11, WILLIAM UNDERHILL, of New York city, in the 68th year of his age. Notice of funcral in Wednesday's paper. Wanp.—On Saturday, November 11, JonW K. WARD, aged 37 years. ‘The friends of the family are requested to attend the funeral, trom 309 East Thirty-second street, this day (Tuesday), November 14, at twelve. o'clock. WATKINS.—Suiddenty, on Monday, November te Hannah L., wife of Frederick Watkins, aged. 8. yeine relatives and friends of the family, also the friends of her brothers, William, Moses and John Ratner, are respectiully 1fvited to altoad the fu- neral, from her late residence, 214 Elm streety on Wednesday, at toa o'clock A. M. ‘The remains wall be interred in the Irvington (N. J.) Cemetery. WEED,—In this city, on Sunday, November 12, of consumption, Ita DuTTON WEED, aged 41 years, 6 months and 27 davs, Funeral scrvices will be held on Werlnesday morning, at half-past ten o'clock, at the residence of his brother-in-iaw, C. F. Moore, 61 Leroy street. Friends of the family are Invited to attend. WEUNER.—At Newark. N. J., on Sunday, Novem- ber.12, after a long iliness, Mary, daughter or Joseph Oberreiter and beloved wife of - Lorens Werner, aged 33 years. ‘The funerat will take place from No. HP ae J place, New York city, this day, Novemudrad,.@¢ Unree o'clock in the afternoon, to Greenwood | Cemetery. , __BUROPK. nan ee OCOA, FOR INVALIDS,—NUTRITIOUS AND DIGES J tive Pancreative Cocoa, Specially prepared for suffer- ers from in-\igestion, de ility and pulmonary complaints; ig highly nutritious, easi.y digested and palatable, ard aday for the most delicate stomach. Sold in tins from Ia. 6d. by all chemists and Italian warebousemen and by the manufse- turers, SAVORY & MOORE, 143 Nev \d si., London, We TPE GRAND BADE HOTEL AND CASINO OF SAXON Wallis, Switzeriand, combined with the worli-revowned Bronane und Iodine Springs, offer to tourists all the induce ments of the Continental spas concerts, promensces, cur saal (trente et quarcnte. rowette a un zeroh, ke. Direct rall- road commun:cation from Gent and Baael with Saxon, PUR QUEEN'S HOTEL, NEAR THE CRYSTAL Palace, (pper Norwood, London, —To tourists and fami pleasa’t and most salubriou com/ort atforted and fis general m: ment, have made the Queen's Hotel a favorite resort of upper ranks ut Engiish society. OP INSTRUCTION. AN pEXPERIENCED, CLASSICAL, MATHEMATICAL, Freneh and English teacher, nonor graduate of forelge university, desires empioyment as teacher aod tutor; test! monials and city reference of the highest class. Address TU box 169 Herald ottice, T THOMPSON'S COLLEGR, % FOURTH AVENUE, Cooper | Inatitute.—Bookkeeping, | Writh department; day and evening; tel cally; demand for operators, = DVANTAGES.—THE TOWNSEND COLLEGE, 186 Bowery, Business affairs, Engtish Laing classics, Wersation ; eo; Ge French or Spanish con intien’ de- partment; shorthand, $8; phy, $16; instruction @ay and evening, . A XOUNO GENTLEMAN WISHES TO TAKE OER. man lessons of un educated mative teacher, 4 ddress, Giating terms, which must be moderate, ¥. A. W., box jerald ofive, USINESS WRITING, BOO! RITIMETIO, &¢,~ DOLBEAR’S Commercial College, 875 Kroadway, corner Eighteenth street, is open day and evenina to prepare Bentiemerh ladies and boys vractically for business. Syectal attention fs paid to evening pupils ia penmanship. Stifnesd, cramping and trembhng entircly removed in a few jossons, J[NSTRUCTION IN ENGLISH, FRENCH AND GERMAN, by acompccent lady, Address K,, box 100 Herald Uptowa, Braneh ofice, 1,285 Broadway. TION IN BOOKKEEPING, Jerman, AINE'S P INSTRU P Arithmetio, Grammar, Spelling, Reading, ( in, c., induces hundreds to attoad ile well? G2 Bowery, corner of Canal street; 24 Writ STENOGRAPHY TAUGHT FOR #20 is proficient; a fortnight’s eaces to former pupils. 'N, 80 Broadway, room 80, JOSEPI'S F2MALS AUADEMY, FLUSHING, N. Xe § Rtudles resamed first Monday ta, S3ptember; tarms for oard and taltion $250 per annum. For full particulars sead reful stuly suflicient. ba xf A. MO. WANT ‘py TO PURCHASE, MPO BREWERS.—WANTED, SMALL SIZED KOUDE lout Cooler, Bolling Worm, Caske and Barrels, Ad- drexs, for one week, JOIN THOMAS, Herald office, MPO, HoRsig RAILROAD — COMPANTES.—W ANTED, from 3.t0 60 tous new Street Rails, Philadelphia pattern 43 to 48 pounds per yard, at @ discount from manufacture: rices. for cash, Address B. K. HL, box 2,463 Post office, iew York. TANTED—A GOOD 8} 5 feet post, 0 feet yl ND HAND CRANE, ABOUT ab 517 West Twenty-litth st. DENTISTRY, RTIFICIAL TEETA INSERTED PERMANENTLY, ‘without plate, claaps or apy eXiractions, ‘Feeth bunt Upon stumps to original suape and color, Dr. SIGLSMOND, 6% East Ninth street, near Broadway. | DS CRANE NEVER FAILS 70 B STOR DECAYB! broken and Kensitive teeth to thefr inal beauty an soundness, without paln, with his osteoplastic and white pla- tina, Rooms 258 West Forty-second street, ae kh 8$I ixth av bag MED Hat - 500, Cheapest place Sixteen:h street, Extracting with gas, in the city, POR SALE—ONE Di i OAR sell Ht Fixtures, Cues, balla, acy complete; cost 3525 5 for $160 cash, Can be socn ui'62 Pearl sireet, New York, $165 -8TRICTLY FIRST CLASS BILLIARD TA- dee Judiog bat sition bed, 163 to M0, ine maarkers, do. Agency Tor Mixsoll & Go.'s 0, AMERICAN BIGLIARD TABLE CO., 660 Broadway. Ou VERY INSURANOR the NEW YORK M. SHELLEY, Proprietor, 22. ‘Ann street, Se receireere Eiters ine Rien» kM ‘ Stationers, Printers an lank Bool at Fulton street, Blank Books made to patties ‘ss GELLING “OUT CURAV—i0 KEGs OF OOF AND Wrought Nails and Spikes, 80 tons of Cast steel ens) gg ie beret tron (Russia), Chafua, Ant juskele An: Ho Ni Prades an’ pursis. ime ‘Hlock. “addveas ean DWAR