The New York Herald Newspaper, March 22, 1875, Page 3

JOHN MITCHEL. A Last Letter from the Mem- ber for Tipperary. HE AROUSES IRELAND. The Dying Patriot Explains His Politie Position to the Herald, SPITTING ON THE FRANCHISE. “Rage and Trepidation” in Parliament. “Tipperary Would Not Give Up--- Neither Would I.” L. RECONCILABLE NEMIES. An English Lawyer’s Analysis of the Important Case. ACTION IN THIS CITY. A Funeral Demonstration Pro- posed in His Memory. Cong, March 6, 1875. To THE Epiror or THe HERALD:— Through the courtesy of the NEw YORK HERALD Juse the immense publicity of its columns to say a few words to my friends in America concerning the Tipperary election, now still pending. It is Siready known to you that an election did take place nearly three weeks ago, that I was returned without opposition, that that election was com- plete and # certificate of my return lodged in the Hanaper Office, THE DOORS OF PARLIAMENT BOLTED AND BARRED. Needless to recall the extraordinary scene and Tage and trepidation which ensned upon that event and the headlong hurry with which Mr. Disraeli pressed the House to annul my election by & resolution. It was in vain that even English liberal members of Parliament Femonstrated against the haste with which Ministers called upon them to do go grave an act without inquiry. A motion was made by an Irish home rule member for delay, and most of the Mberal members of Parliament voted for this Tesolution, so that the strange sight was pre- sented of Mr. Gladstone and the home rulers walk- ing into the same lobby. But nothing could check the ardor of the Minister. The doors of that House must be instantly barred and bolted against ‘Me or all was lost. NEVER GIVE UP. In short, the new writ was issued that night and ‘We are now in the midst of a second election, for Tipperary would not give it up and neither would L_ The people of this fine county have shown such enthusiasm and such unanimity that my friends hoped that no one would venture tobe nomi- Dated against me; tnat it would bave been a sec- ond “walk over,” followed by a second annal- ment. The government, however, determined to cat the matter. This could be done by evens show of opposition, because on a contested elec- tion a petition inst the return gives govern- ment the power, under a new act of Parliament, to refer the whole matter to the Court of common Pleas, whose judges in Ireland alone are made absolute judges of contested elections. THE NOMINATION. So, on the nomination day, the 4th of March, my nomination was received earlyin the day. The hours passed on without the least symptom of any intended opposition until within five minutes of the time when the Sherif must have deciare¢ me duly elected, as he had done before. AN OPPOSING CANDIDATE ESCORTED BY MILITARY. Just then two ranks of police, with muskets and fixed bayonets, marched up the hall of the Court House, and between these two ranks an indi- vidaal was seen to hurry along toward the Sherif’s room, This was a Mr, Moore, of Barne, anc he is the gentleman inst whom I am to poll Tipperary on the 11th. NO USE TO GO TO ST, STEPHEN'S, If returned, I will not go to Parliament and Dever intended to do so; because { have never seen what beneflt Tipperary or any other county bas ever derived from being represented in that Parliament. WoN'T GO BEFORE PREJUDICED JUDGES, Then, if my return is petitioned against and am relerred to the Court of Common Pleas to de- Cide the question, I will not go to the Vourt of Common Pleas, I will not defend my return before that Tribunal—before Monaghan, Keogh, Lawson and Morris. Counsel learned in the law Rave warned me that the i no in resorting to that Court in any poiltical Cases that those judges are the mere law clerks of Ministers, not delivering Jadgment, but only Tegistering the orders received from Westminster. So they wil proceed ex parte; they will gravely unseat me, and thus Mr, Moore will remain the siting member. ‘That will be the end ef the Tipperary election for tois time, Tipperary will stand virtually distranchised, besides neing greatly exasperated by the outrages Aung upon that fine people. A POLICY OF DISFRANOHISEMENT. Next, I mean to turn my attention to some dther county and to get that disfranchised, and bo on to a third, the great object which I have in view being to show the Irish people the way in Which they may gradually shake off the oppres, Aion of @ pretended Pariamentary franchise, “PROUD OF TIPPERARY." On the Wools, 1 om much pleased With the cam- Paign that we have made and very proud of Tip- perary, We have stirrea up tho pride of more than one county, und have shown the English Ministers that the Irish, af they like, can always rivo them to more and moro iawiess p Gnd practices, and at the worst can do without thom and their Parliament, ROME NULE, This, I believe, will be a great point gained; and 8 to the home rule members in Paritetment, their Position will certainly aerive strength from the lemper Bow raised throughout the country, and NEW YORK HERALD, MONDAY, MARCH 22, 1875.—-TRIPLE English Ministers may say it is better to yield something of the demand of those moderate and legal gentlemen than have all the felons in Ire- land coming thundcring at our gates; for they | dare still to term me a felon, although they know that I never wasa@ felon; never was tried, never Was convicted, never was lawfully imprisoned. All this is @ matter which needs to be cleared up. THE PEOPLE WAKING UP. In the meantime, this contest has roused the people out of a kind of apathy which seemed to | be creeping over them, and before the present struggle is over! trust every Irishman will un- derstand the right policy whicn it behooves him to foliow with the English—viz., to discredit their courts, to spit upon the franchise which they pre- tend to allow us aod, especially, to overthrow the whole system of Parliamentary representation, which ts not only the most deadly machinery by | which our oppression 1s carried on, but also fur- nishes the cunningest excuse for asserting that we consent to and aid in that oppression. ____s« SOHN: MITCHEL, THE LEGAL ASPECT OF THE CASE. Lonpon, March 8, 1875, To THE EDITOR OF THE HERALD:— lt seems that neither the lengthened debate, Which took place in our House of Commons on the 18th of February, nor the various articies and jetters Which have since appeared in our leading journals, have succeeded by any means in satisly- | ing the public as to the position of the man whom the electors of Tipperary delignt to honor. As the Matter is regarded on your side of the Atlantic With an intereet only less than that which it | creates here, perhaps 1 may be pardoned if I add @ contribution to the voluminous but fragmentary literature which is already in existence upon tne subject. DISRAELI’S TACT. On the occasion referred to above the Prime Minister moved a resolution to the effect that John Mitchel had become, and at that time con- tinued, incapable of being elected or returnea as a member of the House. He was 1ollowed by the junior member for Limerick, who, armea with an opinion from his leader and colleague (couched, | however, in language so mild that it “might fairly be argued’? that his leader considered the position anything but impregnable) argued that “transportation” mignt fairly be interpreted to mean nothing more than actual banishment out of the country, and that the term of Mr. Mitchel’s | transportation baving elapsed, he had, therefore, endured his sentence. This free definition out or & lawyer’s mouth created much amusement, and was combated with some vigor by the Prime | Minister, who quotea in support of his opinton | “every lawyer and every law book,” omitting, | whether by accident or design we cannot tell, to except the learned gentleman whose statement he ‘was controverting, ‘The attention of the House was next occupied by the Attorney General of tne late administra- tion, Wno commenced with a remark which, if it | meant anything, must bave meant that the ques- tion would have been better referred to the de- cision of a judictal tribunal, and tnen, not so much, perhaps, for the purpose of harassing the govern- | ment as Of raising a discussion of that sort which ig dear to the thoroughbred lawyer’s soul, pro- ceeded to administer interrogatories to his suc cessor, Sir Richard Baggallay, in reply, pointed out that the House had, in tne case of O'Donovan Rossa, declared its intention to retain the right of de- | ciding such questions, He might have gonea Uttle further and snown the impossibility of | adopting such a course as that suggested. The right of determining all matters touching the election of thelr own members, according to Sir T. E. May, has been regularly claimed and exer- clsed since the time of Queen Elizabeth. This | Tight was in part resigned by the House, for pur- poses of convenience, by the Parliamentary Elec- tions act, 1868, whereby the trial of election peti- tions was handed over to the English ana Irish Courts of Common Pleas. Those who are of opinion, like Sir H. Janes, that it would have been more advisable to refer the question to a judicial | tribunal wonld do well to observe that un- der this act the question of the validity of an election can only be raised by— 1, Some person who voted or had a right te vote at the election to which the petition relates. 2. Some person claiming to have had a right to be returned or elected at such election. 8. Some person alleging himseli to have beena Candidate at sucn election. And that the government, not coming under any of these heads, so far, had no means o/ reter- ring the matter to judicial cognizance. And further- more, that tme only other means whereby such Questioa could be raised before @ court of justice woula be by an arrest of Mitchel, with a view to compelling him tocomplete the unexhausted por- tion of nis sentence, ‘this rather narsh and somewhat doubtful step the government were for several reasons unwill- img to take, and the more particularly as 1¢ might mot have decided the issue before the House. | Mitcnel’s condemnation, of course, would have settied the question; but an acquittal would have been simply a declaration that the law was power, less to take cognizance of the procedure whereby ho had relieved himself from the restraint which 1t had previously imposed upon him. WAS HE LIABLE TO PENALTY ? It was then admitted by the Attorney General and re-admitted by tne Solicitor General for [re- land tnat Mitchel was not liable to any penalty under the. provisions of the act, Tne Solicitor General for England wisely contined himself to the immediate question at issue. With all deference to sucn igh authority I venture to differ from this opinion. In mitigation o1 this audacity it may be remarked tifat the opinion in question does not in reality carry the same weight Of authority asit would seem to be entitled to from the position of its propounders, for it is tol- erably well known that the practice of the English Attorney General has not lain particularly in the criminal courts, while that of the Irish Solicitor General has not lain particularly in avy court at all, The words of which tne interpretation is in question had better be cited here:— If any person sentenced or ordered to ve trans- ported snail be afterward at large within any part of tbe United Kingdom, without some lawful cause, before the expiration of bis or her term of transportation or baniaiment, overy such person shall be guilty of felony, &c. The meaning of the word “transportation” is Well discussed by a writer in the 7imes, who “Judging by the reason of the thing” has arrived @t @ very sensible conciusion:—‘lransportation includes detention and servitude in the place to which the convict is transported, subject tu such Modifying conditions as may be allowed from time to time, A convict is condenined to be trans ported fora certain number of years, and it he remains continuously transported nis sentence expires when the years are up, out if he evades the cundition of transportation at the end of five | Yeare be certainly will not have been transported for fourteen years when the jourteenth anniver- | sary of the commencement of his sentenco comes round,” The accuracy of this statement must be | admitted by any impartial mind. One step more | and the | argument will be comple: Ui trans. portation inciude: DETENTION AND and does not simply mean relegation jor purposes of travel, the expression, “Term of transportas tion,’ must necessarily mean the term during Which such detention and servitude are being actually undergone, Sucn peng the case, the Conclusion i6 irresistible that Mr. Mitchol’s term Of transportation bas not yet expired, and that he ts, thereroré, amenanie to the provisions of (ne act from whion Sit Richard Baggalliay and Mr. Plua- ket assert that he is ir When we meet with a word or expression of doubtial import in the Works of a writer in apy of the dead languages, we naturally reter to passages in the same or contemporary authors where the same word or expression occurs, The canon of inter. pretation founded ou this practice has always | b. on Well recognized; let us, thereiure, apply it | here, aud by @reierence to similar statutes en- deavor to discover what meaning the English Legislature hi assigned to such un expression, One instance oat Of many Will sudice, At is tuken from the “Penal Servitude Amendment act,’ 27 and 28 Vic., chapter 47, section 9, waich refers to THE TICKET-OF-LEAVE SYSTEM. When any license granted in the form set forth in the said Schedule is forfeited by a conviction of aby indictable offence, or ts revoked in pursunce of “a summary conviction under tais act or any other act of Parliament, the person whose license 1s forfeited or revoked shall, aiter undergoing any punishment to Which he may be sentenced jor the ofence in consequence of which ais license ts for- Jeited or revoked, further undergo a term of penal tude eqaai to the portion of his term of penal tude that remained unexpired at the time of his license being granted, If & conviction for an indictable offence, re- corded agalust (he holder of such a license, places him, notwithstanding the interval which has elapsed, in the position which he occupied at the Ume at which his license was granted, or in other words, if the Legistature declares that un- der such circumstances his term of penal servi+ tude ceases to run from the day upon which the license Was granted, surely i$ is rather absurd to maintain that the term of transportation does not cease torun inthe case of a man who by escaping has conferred the privileges of a ticket-ol-leave-man upon himself, In all other relations of ife this principle is freely recognized and acted upon. If aman is bound as an apprentice to an attorney in Ireland, he 1s not allowed to omit the performance of cer- tain conditions during three years of the term of his apprenticeship, ang to claim admission’on the filth anniversary of the commencement of his service, The same rule is applied to all kinds of service, whereby claims to pensions are estab- lished, Vacation, of course, is granted, and leave is extended in cases of ill health, but this is a con- cession obtained by grace from the proper au- thority, aud cannot be insisted upon or taken by force. Why, Iask, should a statute be otherwise interpreted? And why snouid a man who has brought himself within the grasp of the law be accorded a privilege whichis never extended to those Whose acquaintance with it is less familiar? This may be considered to be a barsh reading of @ penai stptute, the principle being that such en- actments should generally be interpreted in the Girection of clemency. The question is, however, whether it is a correct one, If tt is, it appears to me that the English government would have been in a better position tf they had vigorously asserted | their power from the first, while the dignity o1 the Jaw would have been more amply vindicated and the policy of conciliation better advanced, if they had been able to say that they were unwilling rather than unable to compel Mr. Mitchel to undergo the unexhausted portion of bis sentences At any rate, they would have escaped tbe neces- sity of attempting to answer various dificult conundrums, such as “When is @ man @ felon and not a felon?’ proposed to them by Sir W. Harcourt and others. So far I have discussed the statute law applica. ble to this curious case. Remarks upon the com- mon law relating to the same subject must be de- ferred to a future occasion. SJCRIDICUS. HONORS TO MITCHEL’S MEMORY. MEETING OF IRISH NATIONALISTS IN THIS CITY. A meeting of Irish nationalists was held yester~ day alternoon at the Northern Hotel, to deliberate upon the proper manuer of honoring the memory of John Mitcnel ‘The cali ior the meeting was signed by O'Donovan Rossa, John Devoy and other prominent Irish gentiemen, Among prominent gentlemen present were the following:—Thomas Francis Bourke, Thomas Clarke Luby, Jobn J, Breslin, Denis Burns, Dr. Brosnan, Charles Spil- lan, Thomas Stafford, Captain O’Brien and Neil Breslin. By three o’elock the pariora of the hotel were crowded, and the proceedings were commenced by unanimousiy yoting Mr. John Devoy in the chau, Dr. Denis D. Mulcahy was chosen secre- tary and the meeting was formally organized. In a brief speech the Chairman then stated the ob- ject of the meeting and paid 4n eloquent tribate to the memory of the deceased patriot. ‘rhe jollowiug preamble aud resolutions were offered and passed :— Whereas hatred of English rule im Ireland is the grand characteristic of the irish national character, Resolved—First, ihatin the death of John Mitchel we have lost the foremost man of our race. Secund—That we recognize in his early life and teacn- ing the only true lesson of Jreland’s regeneratio: m4 in the persistent adherence to the principles of his youth, and his dying while hurling defiance at our epemy, we discern those clemekts of character which will rauk him among the most devoted apostles of the Irish ua- tional maith. Third—that we sorrowfully sympathize with Mrs, Mitchel and her children tu their attliction. Fourth—That while Ireiand has lost one of her truest ’¢ somewhat consoled by the reflection that his principles still live in tne hearts ot the Irish people @t home; und in our exile and sorrow we are proud that ‘Tipperary has wiven Us assurance of this uti ‘hat we honor his memory by a funeral proces- sion in the city ot New York, and that a committee bi sprouted to invite the Irishmen and Irish societies of few York, New Jersey und Brooklyn, and to make other preliminary arrangements for tae iuneral, ‘Ihe above resolutions were warmly discussed, and the chief feted of difference among the a baters was Whether a procession or a monste! ineeting Would be the better way of honoring the deceased patriot. Popular opinion seemed to lavor the procession, and it is probable that on Sunday next @ grand parade will be made, equalling the spectacie of st, Patrick’s Day. The Irishmen of New York ure earnest and en- thusiastic, and !eel that a grand demonstration must be made in honor of a man whose lile object has been the independence o1 his native land, Aa additional resolution, after much argument, was carried, giving charge of the arrangements to the Clun-Nu-Gael Association. ‘the loliowing gen- tlemen were appointed @ committee to notily that Organization of the resolution:—Francis Meehan, James Fitzgerald, Augh Dunphy, John O'Connor, J. O'Donovan Rossa, Thomas J. Gill, Bernard O'Reilly, Michael ‘. Griffin, William Melville, Joun MecPartiand. ‘The Clan-Na-Gael Association will, it 1s under- stood, —. the duty of supervising the arrange- ments, and active preparations will be at ouce commenced, An important meeting will soon be held, when the plans will be perfected. Alter some discussion vo! Minor topics the meeting ad- Journec, suvject to the call of the Cnairman, THY KNIGHTS OF ST. PATRICK | will hold a meeting at the Sturtevant House at eight o'clock this evening, to take action regard- ing an expression of feeling relative to the deaca oi John Mite! Mr. Mitchel was at one time Presideat of the society, and Was @ member at tne ume of his deaw. It is understood that the Kuights propose to have @ funeral oration de- livered in lig houor, but the details have not yet been decided upon. The Oflcers of the suciety expect the demonstration to be extraordinarily large and enthusiastic, ‘The committee appointed to walt on the Clan- Na-Gael Society subsequently reported that the lat- ter organization would cncerfully accept the duty of making the necessary arrangements for the tane- raj procession next Sunday. A line of march will be decided upon, marshals appointed, and sulta- ble committees iormed to conler wit the various irish societies Who may be desirous of partici- pating in the demonstration. Until the puniic announcement of the Grand Marshal it has been arranged that all correspondence on the suoject is to be addressed to Mr, John O'Connor, Northern Hotel, No. 81 Cortlandt street. It 18 expected t tne Sixty-ninth regiment will parade, besides osher iriah military organizations. ACTION IN BROOKLYN. The following preambie and resolutions were Offered by Alderman Dantel O’Refily at the Con- vention of Irish Societies of Kings County, held yesterday, and they were unanimously udop Whereas we have learned, with deep and heartfelt sorrow, of the h of thé noble Irish patriot Joan Mitchel: and whereas his whole levoted to the ause of Irish ligerty, for which ufered bardsiups and imprisonment; dud whi vection ty Parliae 1Get Was his last Doble effort te “home rule” tor Ireland: theretore, be it Resolved, That the inembers of the Irish Convention of Kings County (represemting 30,000 Irishinep) do sin- verely mourn the loss of him whove every thought, act and imbulae were honorable, upright and devoted to the | Cause of irish freedom. Kesolved, ‘fhat we tender our sincere sympathy to the surviving relatives of deceased, hoping that the great cateem wad love of his countrymen will be a source of consulation to his widow ahd orphan: Resvived, That a committee be appointed to confer with other organizailons as to the best manner of per- peiuating the memory of so true au Irishman, or to take gther wotion to do bonor to “The Noviest Koman of Them Ail.” A. Committee of Conference was appointed, Other routine business having been transacteu, the Convention adjourned suoject to the call of the Proaident e ACTION OF THE INIGH-AMBRICAN ASSOCIATION OF NEWARK, N. J. ‘The Irish-American Association of Newark held ® special meeting yesterday, to take action in paying tribute tothe memory of the late John Mitchel, The following resolutions were offered and adopted + Whereas the sad Hig has roached w: Mitchel has paid the dobt wileh nature impos has veep gathered to hi his tathers, dud trom ainidst the blangor of a bie political axitation, created by and eba: the distinguished deceased; taeretore, Resoived, That in the death of Juhu Mitohel the cause fathers, on the below Of Arisn independence, the cause of irish Ireedom tron the galiing yoke of British misrule tyrannous mis. woVerhMent has lost a feurioss, Uireless, trum pec-tongued Oxponent, & smost carnest, ardent, ‘untinebing, un- ry swerving and uncon wisn” Champion, aud an advo. cate Whose labours Legan even before Lig ot the illus. ious Thomas Davis, whic fs Coased not even in his re Further, be It {he presesive oF ( Kesvived, That may Goudt ine wisdom dis. played by dare iF. BLiCouN in suetviny to earry out we di— | ling object of his life—Irish freedom—so far as detalls are concerned. we, nevertheless, consider it due to I memory that évery true Irishman and every true lover of liberty and trecdom, aud every true believer in the ereat principle that every dist nation has a right | given ot Gov vern heérselt, woult, while dropping a | remember John Mitchel asa true 1 and a true hater of tyranny; | was ever ready to sacrifice — home, comfort, — f friends—aye, Ui itself—for the achievement’ of great ‘cause: as a man Who truly believed his country had tie first claim upon as aman who proved his faith by his | voit of selishness and entirely from sordid co asiderations; as a man whose personal | honor Was unblemished and unquestioned; as a man Whose putriotisin Was as pure as crystal or as thrice re ti gold; as, in one br nd noble patriot isan at us si ossed tes of this meeting, aud thutacopy be furnished to the press tor Publication. SETTLING TURF DISPUTES, eal THE BOARD OF APPEALS OF THE NATIONAL TROTTING ASSOCIATION IN EXECUTIVE SES- SION—DECISIONS IN IMPORTANT CASES—THE INDIANAPOLIS MOVEMENT. The Board of Appeals of the National Trottung Association, in session at the Everett House since Tuesday last, has adjourned, a quorum of members proceeding to Chicago, in order to meet the Indianapolis Convention committee in that city on the 24th inst. The unfinished cases on the docket have been assigned to a committee of the Board to examine and report the facts at the ad- | journed meeting, to be held in Chicago on the first Tuesday of May, at which time tne formal judg- ments thereon will be passed by the Board. Intnis way itis expected tne docket will be closed be- fore midsummer of all cases Wherein the parues nave supplied their evidence, The foliowing de- cisions since last report have been announced :— A. T. Short, Coldwater, Mich. vs. Kentu otting Horse Breeders’ Association, Lexington, K Application tor removal of penaity of suspension im. posed on the gray mare Grey Belle tor non-payment of | decided cord by his periorman punas, in Western than thre (NO. Si AtUst RL os. Foote, Washingto The “Massillon Driving’ Park, Massitio! from an order expeting Lim. Decisior dence betore the Board it was shown that ) een erroncously expelled, and he is, theretore, r did acquire a County Fai ber, 4374, bet | | | t N hester, | p port, N.Y. ity of expaision imposed on nim and Under authority of rules 46 aud 17, Considering the duration of the punishment | already suffered by the petidoner and ins ho o- | wether with the recommendation of the respondent, it is | ordered that the expulsion in force, as recited in’ this | case, be modified by the substitution of a tne of $5), Upon payment of which the applicant and his horse shall be reinstated. » tochester Driving Park Assoctation, Roch- N. Yuv Vs. Slinon Butts, Greeee, Monr N, \¥ tor a ‘cone | | of the ng | cision—Atter duly weighing” the j and con, the "Board 349. Rhinebeck Driving ssociation, Rhinebee P. Waterson, Jers s. J.-Application udulen of the De ee IL appew aterson had s horse at Riiimebeck wien perturming under & | fraudulent entry, ‘Ihe association paid bin promptly ina bankdratton New York, but quickly learamg of | the traud wm tisentry, caused’ payment oi the dratt to be stopped by telegram. Waterson meanwhile passed the draft inwo other hands, waen his assignee brought suit on the dratt, whicn was thereupon paid. The next feuture noticeable was the fact tha: the horse was sold to Commodore Vanderbilt. The association, nevertheless, asked the Board to utter such di circumstane: rant, aud it Was, upon consideration ered that said Waterson and the horse | d pelled. | Presented in the case, 1t was the judgment of the Board that the horse did not acquire a record in the race in question. No. 337. John E. Turner, Philadeiphia, vs. Utica Park Association, Utica. N. ¥.— Appeal trom tue decision of the | Juoges of a ‘race aud claim ot $90) for premiuin alleged | to Nave been won. Decision—Ordered that the fourth | mouey in the race in question be awarded to Mr. Lurner, in accordance with the original decision of the judges? | their amended decision being set uside, upon the ground | that tiey had no authority to return’ to the stand and | reverse their decision atter making a final award in | the race and withdrawing trom the staud, No. 339. K.P. Stetson, Philadelphia, vs. Galen Driving Pars. Clyde, N. ¥.—appeal irom an order suspensing hin and the bay inure Susie Kurtz Decision—Ine Board beld that the association erred im construing their authority to consiier the engry as made, and the suspen. ston is, therefore, set aside. No. . P.' Stetson, Philadelphia, Driving Park, Syracuse, 'N. Y.—Appeal from an order suspending him aud the bay mare susie Kurtz. De- cision—Saine as in case No. 339. No. $82 John Greenawalt (ex parte)—Petition for re- instatement of the bay mare Lady itachel, alias Moun- tain Girl, alins Lady imma, expelled December 24, 1574, by the Woodbury Park Association, Woodbury, N. J., for having been entered in a purse to which she did not belong. Decision—From the evidence produced it Was shown that the mare was reaily ineligiole, and, according to the rules, was properly expelled; but’ owing to the pecullar circum. Btauces of the case, ascertained upon investigation, it ‘was ordered that thé penalty of expuision be modined, by the substitution of a tine of $10), upon payment of whieh suid mare to be remstated. It appearing trom the evidence that the Woodvury Fark Association bad apparently received entries in Violation of the rules, it was ordered that said association appear at the July meeting of the Board and show cause why they shail not Bpspbrecten, to the penalties of the rules, No, 369, Woodbury Park Association (ex (ela Ei cation,tor reinstatement of Frye Hopkins, expelied De- cember 24, 1574, tor au alleged connection with the im- proper eniry referred to in case No. Decision—It @ppearing trom the evidence that Mr. Hoping had not Deen guilty of knowingly or inventionally violating the rules im the case under consideration, it is ordered that he ve reinstated. THE INDIANAPOLIS MOVEMENT, | Since last report the following important tele- grams bearing upon the movement uf the Western vurfmen in relation to the asked for modifica tions of certain ruics laid down by the National Associa- clue nee been received and answered by the ard vs. Syracuse Coxuanus, Ohio, March 19, 1875. Awasa Srracvz, President Natioual association, Everett House, New York :— I would suggest that a furf Congress he called at Chi- cago, not later than April 15, to adjust ail differences, in- stead of the proposed meetng at Chicago on March ‘This only, in my opinion, wiil Socomplien, the end sought for. CHAS. H. MOORE, President W. A. Evensrr House, Naw Yorx, March 19, 1875. martes H. Moone, Columbus, Ohlo:— Your despatch to President Spragae has been received. Board of Appeals will be able to grant all facilities asked by Indianapolis Convenuon tf transact Western business, and theretore sees no necessity tor a Congress. As we seek a common end the councijg must Feguitin agreement. C, W. WUOLLLY, Chairfhan. Provipexcx, March 2U, 1375. Colone: ©. W. Wootrey, Chairman Board of Appeals, New York :— Being unable to attend with the Board personally, owing to the pressing necessity of my presence at home, I desire to express to you and through you to the Board my hearty concurrence in the Views and the conservative spirit which are presented im our commuuication to the Chicago committee, lieving that there 1s no just cause, and hoping that none may ever arise to cail tor any disunion amoug our members, or for any sectional distinction in the char- acter and administration of our laws, I trust that the Western gentiemen who are to convene at Chicago next week will not be misled into tao adoption of any action which shail be inharmonious with the loity character and comprebensive object of the Nabonal Association— @u orgunization that Knows no line of division between either East and West or North and South. but only one common fieid and purpose of united action, Kespect rally. AMASA bPRAGUL, President, ¢ mn of THE WEATHER YESTERDAY. The following record “will sbow the changes in the temperature for the past twenty-four hours, in comparison with the corresponding date of last y indicated by the thermometer at Hud- nuvs hea HERALD Bailding 1874. 1875. 3820 8 © = Pd te ‘ature yesterday. Average temperatare f last y A SUNDAY FIGHT. Yesterday afternoon, Charies and Franois Kelly, horseshoers, entered the lager beer saloon of Fred | Jargens, corner South Sixth and Second streets, Williamsburg, and fluding several persons peace: juliy drinking their beer, insuited one or two grossly und struck one man, whose iriends hurried to defend nim. In au instant the place was a scene of Uproar; beer mugs and matco safes were used as projectiles till tne battie was ended by | one of the assaulted persons pounding Cuarles Kelly with @ heavy weiss beer glase, inicting seven severe scalp Wounds and breaking the giass on his bead, The sight of biood caused a general flight of the participanis. The police urrested ti two Keliys, who were taken to the statiou hou where the wounds were dressed. Tuey wil be arraigned besore Justice iiliot tals moraing, FIRE IN RIVINGTON STREET. Early yesterday morning a fire broke out in the four story brick tenement house No. 361 Riving- ton street and spread rapidly to the adjoluing house, No. 853, @ similar building. The engin were promptly on hand, and alters halt uour hard work succeeded in getting the flames under | control, not, however, anti secund alarm | brought reiulorcements. The firat oor of No. 361 | Was occupied as a coal Office by Valentine Ubrist- | dd the Becond doors of both ue owner of the proport, The third fluors were tenanted DA lan and tue fourth floors by a Mr. and | Methies, The toral damage is Aoout $2,000, which 1s mostly covered by insurance, The cause ol the Gre is unknown. SUICIDE IN THE NORTH RIVER. Yesterday alternoon, at nalf-past four o'clook, ag toe l@rryboat Jay Gould was on her way irom New York to the Pavonia ry ® young girl nped overvoard, As soun the ‘alarm was a the bout Was stopped, but beiore any oF the could b@ launched the giri @unk to Tie no She was uaknown $0 ail (he passengers on | | | the constructor of the underground railway. | great | were filled with these things to the exclusion of | Mr. Charles Pearson was the first to broach it in a | dom should concentrate—a vast ganglion of those | tenance aud workiag of the line, the purpose of m0! the boat, She was rather propossessing in ap pl and was r spourably areased, Toe bouy As HOS Leow recovered, SHEET. RAPID TRANSIT IN LONDON, The Metropolitan Railway---Uses and | Profits of the Undertaking. | + ee | Scientific Calculations and Early Difficulties of the Reformers. A Brilliant Triumph of Engineer- ing—The Pecuniary Success. Lonpon, March 8, 1 One of the many singularities of life in a ctvilized and rapidly advauciug community is the tact that its strangenesses so rapidly cease to be strange, that its wonders in the course of a few weeks take rank by the side of its merest commonplaces and | that the most enthusiastic of receptions can promise for no new scheme that it shall be more | than a nine days’ marvel It 18 recorded in the columns of the Times for the 10th of January, 1863, thaton the previous day the Right Hon. Robert Lowe was enthusiastic, Ihe utterances of the right honorable gentleman there preserved are juli of that childlike capacity for wonder on whien Lord Lytton insistea as one of the most marked characteristics of genius. Now Mr. Lowe has always had a decided leaning to tne nil admi- | rari school of philosophy, and it may be pretty | fairly assumed tnat when he wonders it is at something which can really claim to be called wouderiul, The Right Hon. Robert Lowe’s enthusiasm was excited by the engineering triumph of Mr. Fowler, in | the same year he had declined to display any | great amazement at a Lancashire cotton famine, | an American war, or a royal marriage; bus those providers of wonder, the daily journals, | { this quiet marvel of peacetul art. In the course | of his speech—which, of course, followed a ban- | quet—the rigut honorable gentleman remarked | that a great town is like a forest, that not being the whole of it which is seen above the ground, The roots of @ modern city are its drains and | sewers, its gas plpes and its water pipes, and 1t | was among those roots thatin some danger and much diMculty the contractor's workmen had to | grub, THE IDEA OF AN UNDERGROUND RAILWAY in London was one which was not unlikely to have taken a nebulous sort of form in many minds, but definite and practical way. Mr. Pearson was the City Solicitor, and nis tirst notion appears to have been ta lavor of the construction of a huge terminal Tatiway, in whica all the main lines of the king- fron nerves which thread the Empire, A little practical reflection served to set stnat idea aside as unworkabie, but there sprung from it a scheme fora series of mid-London termini, whic has now been brought almost completely into exist- ence. The enormous and still increasing trafic which blocked the streets of the metropolis made it obvious that some scoeme for partial relief was Necessary. Statistical inquiries went to prove that on @ certain limited route no fewer than 25,000 persons daily travelled by omnibus alone. It was found that the cheap services of steamers on the river carried @ daily average of 150,000 people, and it was not unreasonably hoped thata railway scheme would, by affording greater facil- ities to passengers, seize an enormous percentage ofthese cnance travellers, Mr, Pearson laid his idea before tue corporation at first witnout much | success, He nad in the meautime so modified mis plan as to bring it for the time being to a eimple “ proposal for ex- | tending the Great Western Railway from Paddington to the Post Ofllce. On tnis new line he proposed that others should be eventually grafted; that junctions should be made aad pro- visional running powers granted, and that, in \ snort, tne first line should be made the nucleus uf precisely such @ ramification oj railway lines as London now stands posseseed of, THE SCHEME FELI. FLAT. Mr. Pearson's belief in the splendid dividends such an enterprise would pay was looked upon as sort of Alnaschar vision, The engineering aiti- culties, the vested interests, the Jealousy of rival lines and the tremendous value of landed and household property in the city combined to lend to the proposal the aspect of one of the wildest of all possible cnimera: But the proposal, having been once made public, recommended itself to certuln of the bolder business men ot the time, and in 1855 a company grew into existence and application was made to Parliament jor the necessary powers to run from Edgeware road to King’s Cross, These powers having, with some difficulty, been obtained nothing further was done jor atime. The promoters were willing to rest a while and allow the ratiway intellect to assimilate tae proposal—aa operation in which it must de coniessea the railway intellect. was siow. Meanwuiie those who had interested themselves, | and by taeir deposit witm the Accountant General had pledged themseives to carry out thelr work, | issued statistics waicb went to snow How impossi- | bie @ financial failure really was, Taking the tralys | to run, Jor instance, every five minutes through | out the day and supposing that extra trains would | be put on during the busier uours, the promoters argued thus :—Pne five winate trains during a day of 14 hours will number 168; eight extra trains per hour 10r six hours being added, there is a total of 216 trains eacn way dally. ‘The mileage of these 32 trains is every day equailed to 1,728. ihe average receip's upon the Blackwall Railway at that time Was seven shtilings per day per mile. That gives a daily receipt of £604 164. 0d., and de- manas that 43,384 passengers—taking the average Jare DeY passenger at threepence—snhali dally avail tuemselves oi Loe line. ‘The goods traitic wis estie mated to be worth £45,000 per annum. So they were sure of this scheme, and 80 mucn in love With 16 were uthers that @ provision was inserted ia the act to authorize a separate contract for the malu- this provision being to divide the enterprise ito two branches—oue the tormation of the line and | the olver its working when made, the first branch being leit to those capitalists wlio Were anxious to make # moderate profit with no other risks | than thoge which attach to ail mortal under- takings, and the other to those who shared the sanguine Views of the promoters and were wil- Ing to accept a heavier risk for tne sake Oi heavier | probiemutic profits. ‘The snare capital of the Compuny consisted of 100,000 shares of £10 eaci, ana it Was expected, on the estimate of Mr. Jo: the contractor, supported by Mr. Fowler, the en- g@ineer, that the frst instaiment of tue line would be completed at a cost of £1,200,000. ‘Ihe estimated rate Ol profit was tweive and a naif per cent, but 1¢ Was pelieved by many that even if tne estimates were exceeded by a third @ reasonable profit Would remain. Tue line now began to find INFLUENTIAL SUPPORTERS. Baron Rothschiid gave it bis approval at this | stage, but declined to give it anytoing else aud TOOK No finauclal interest init. Tne frst act se- cured by the company gave the Great Nortnern Compauy power to sadscribe jor 17,500 snare: ‘the Great Nortuera was content Jor nearly thr years to possess that power, but it never exe cised it. Lhe sum Of £176,000 required was not at tuat Lime at the easy disposal o1 the Great Nortn- ern Railway. Ove of the promoters of the Metro- politan line grew pathetic when, in tne Fe of 1567, he audressed a meeting 91 bis Colle: in explanation of the api of the company irom which this important tance had been ex- ected. The money, ue said, “which the Great Northern had power to subscribe to this uadcr+ taking bas been invested in toe furnishing Of mag. Difticent houses and the purchase of articles of | virtu by one whois now undergoing the penalty of the law jor his conduct.” ‘The effect of the @igautic Iraud thus delicately alladed to w: elt by the Metropol ther troub added by the fact tha which fad been looked vpon as cer irom its Paddington terminus to tue kdgew: road station, at iast, alter a good deal of higgiing, defluite! jused longer to consider the proposal, Own ngemeucts were at that time very un. wettied, and i's abarenoldera were in the travail of AX eXchange of directors, The contractor lor the new line bad accepted 16,000 shares aa part payment for his work; out now that these 1mpor- taut aources Of supply Were stopped the general Aspect of affairs grew gloomy. So gloomy were they, indeed, that in 1868 the compicte abandon. | ment of the scheme was threatened. Bus the temptation (0 retuin the valu pow had been conierred by the together ural desire to conclud heme once fo: impeiled the direciors \o at taey announce their final and decisive effort. There were cit cumstan Which made it suMfcientiy obvious that Ui once their abiities were aiowed to Wt would not be poasi Of anything like equal advantage, additional eagerness to their wctept, Tne two great rauw: s having failed to afford the assist~ BuGo Expected, they determined to make AN OPEN APPBAL 10 TAB PUBLIC. To this purpose the suum Of 41,000 was devoted. | So lar | underneath t Pubile meetings were called and advertisemente were published, One of tne earliel mecrings wi attended by residents in tne Kensington, Barnes, Hammersmith, Noriand, Ladorooke and Weste bourne districts, who were very eagerly in favor of the proposed line. It came out in the course of that meeting that there were no iewer than 650 empty nousesin Hammersmith, yielding in all & rental Of £14,500, and it was stated that this iact was entirely due to the diMiculty of getting te Hammersmith trom the city. in pointof tact the existence ol railway accommodation in the one case and its absence in tne other made the jour- ney trom Londoa to Hammersmith more dimicult than trom London to Brighton, But gentiewen who were very willing to recognize the personal irouvie to whieh taey Were pul by the abseace ot railway conveniences were sull Very unwilling ta put their hands into their own pockets, and so 1? came abont that a DI Was actually prepared (or the abandonment of the line aud lor the recovers of the deposit made with the Accountant Generai ou the ground that the promoters bad tailed ta Valse the necessary tunds through no fault of their own. But in’ the meantime things were generally looking up. Prices both of material aad of labor had fallen, Mr. Jay under these cireume Stances eXpressed his Willingness to proceed to the execution o! bis contract. Hope revived and on the 25th of Maren the directors made a sort of coup de main and took the Brinsh public by the horhs, announcing that “it there shoulda bot be suificient applications on or vetore Saturday, the sd Of April, to insure the reissue OF at least 50,000 of the saares LO allotment would ve made, buc an act for the abandonment of the undertaking would at once be proceeded with.” The strict letter ol this am noubcement was not adhered to, The public did not respond to the somewhat truculent proclamation of the directing body, but | toast reviving gope, of Which mention has already been made, ted to the withdrawal! of the tureate ened abandonment. The resumption of work was anounced, but it was decided not to rua Was iirst tutended, and the temporary curtailment of the line was expected to savd nearly £500,000, In this revived condition of things Mr. Pearson again came forward. The Great Western directors were now more cordial thag belore. The City Solicitor laid betore the city autuorities a plan tor 4 city termina! line upom which the Metropolitan should bave running powers on ‘air terms. MONEY atthis time was sufliciently cheap, but railways were every Where paying bad dividends and specu- lators fought shy of investmeats, But, with the relluqusnment Of & part Of Lier Orginal idea, tbe Metropolitan directors had reduced tneir share jist to £30,000, and Mr. Pearson at last suce ceeded in inaucing the Corporation to inves’ £200,000, on condition that within a certain lim- ited period the ¢ Dire, amount suouid be bona de taken up and paid upon, These conaitione, it should here be said, were juifllied early in the year 1860, PRESS OPINIONS. Yhe general ieeling in respect to the scheme cannot well be better 1ilustrated than by the follows ing quoiation irom One Of tue railway journals of the time:—It tae Company intend to get an itmendwent act neXt session we strongiy wdvise thei to Ovtain powers tu construct the 11ne above Mslead Of Under ground, jor we ieel Very sure that peopie are not inclined to ‘take tne earta? like ioXes; and 1 an eXtensive metropolitan rails Way is made, the wisest policy 1s to make It so thal the greatest mumber of people will (ravel on 16.” The revulsion in favor o1 the scheme which resulted upon its successiul accomplishment may also be illustrated by & quotation irom the coi Umns of tue Same journal two years laver:—“Its underground character may prove an advantage, not only 1m Capital cost, but in Working tratilc, tor the objections Lo @ Lunne ao not uppear to apply to it, While 1¢ leaves our service unencumbered aud the street traulc unmterrupted by @ Tale way. IMMEDIATE DIFFICULTIES. While the work was iu progress Mr. Jay found himself embarrassed by tne heavy charges to Wulcu be wus put io che fuidiment oi ois contract, and it Was at iength found impossib.e for pin to go on tu the end without assistance. With cous siderable difficulty auotuer contractor was round, aud the Work was thea divided. ‘Tne new Coad- jutor with tue Company (Mr. Knight) uudertook LO periorm work to tie value Of £330,000, Woe Mr. Jay entered into a reduced contract to supply Muterial aud labor to the value of £270,000. A Jurther sum o1 £60,000 was set aside for the ere tion of stations. The work was not fairly got unde? way under the new arrangement uotu we earlier part of 1860, One of the first things necessary ior (ne successiul carrying out of td undertasing Was the construction of a drainage system for the rallway aou tue sewers WIC Col. tnually intersected it, and Mr, Knight’s workmen, lo pursuit of tuis tusk, broke into tbe famous vid condult uncer Conduit street, which in oid days conveyed to Loudon city the pure water wich sprung irom tne gravelly fats of Paddington. Tne labor of excavation Was now 80 earnesuy proses cuted that im tue March of 1861 Mr. Fowler an- nounced uis bellef toat the line might be opened inthe Apri of 1862, When the work was thus !ur auvanced both the company aud the public took heurt of grace, aud iurther endeavurs were entered into. Additional land was bur. gained ior in St. Sepuicnre and Aidgate, and the Corporation united with the company lor the formauon of new streets. The meat market Farringdon was thea projected, and one ot new thoroughiares was intended to lead both itand to tue station of the company. The land site or the market was leaseu by the directors, and that huge and gvOstiy space turough which tue traveller from Farringdon street to Aldergate street now passes on tne Metropuiitan Ruliway was eXcuvated at the cust ofthe company, Tne annual reutal paid jor this dim, suoterrafean goods station {8 o0v. AU cuarges incidental to the market und the cbief cost Of the rool are detrayed vy the corporation. Mr. Charles Pearson did not live to see bis idea arrive au this point, and nis death deprived him of the triumph which unally fel toe scheme Wuen the Great Western and West Midland rallways pru- Jessed their readiness to accept Working powers on tne Underground, But the troubles attendant on the formation ot the railway were not yet all encouniered and overcome, and Mr. Fowler's prophecy was set at naugot by toe bursting of the kieet sewer, Dear Ray street, an accident which swept away avout 120 leet of th aiming wall of the railway and delayed the work jos # considerable time. That forgottea stream, tue Fieet, ia now coofinen within the lmits of voit | sewer, and the heavy raius whica fell in the spring of 1862 were mainly answeravie lor the misbap. PROMPT ACTION was taken and the breach was tnended as rapidly as possible, and within four months irom the time specified an experimental journey was made by the directors, to the satisiaction Of all con- cerned. Certain smali and unioreseea delays still interposed, however, and notwitostandiug the eagerness of the company to secure the Curistmas trafic, the railway was not wnally openea antil the 10th January, 1863, when 30,000 people avued themselves ol the new Means of transit and in their desire ta be among the frst patrons of the line, blocked the Stations ull day with importunate crowds, One source of the delay alluded to yet remains to ve mentioned. The directors were twice obiiged to suspena operations in order to obtain Parilament ary sanction for deviation irom the ofiginal route. Permission was reiused to their applicy tion jor a right of Way under the prison at Cold bath Fields, and @ voluatary detour was made order vo avoid the necessity for the line to pi under Bartholomew’s Hospital. THE FINANCIAL RESULTS, The degree o! financial success with which the lime has been rewarded muy be ascertaiaed by @ relerence to the following figures: The first weekly statement of results—inclading passenger trafic on the Metropolitan line aloue and accoanting for no suourban, long or goocs suowed @ total receipt of £53,000 irom the th oi Juneinciusive. The symopsis of the first tures trafic. 10th o1 January to thi appended tabie giver weeks’ receipts:— Stations. ‘Passengers. Mo Farringdon street. 187,107 £2,385 0" 8 King’s Cross 98,827 Tess 0 9 Gower street. 71,48 63617 2 Portland roa 53.443 9 8 e aetea ay Po) = fH 2 Ldgeware roi . Bishop's road. 100,007 1.331 16 i Totals...... £17,273 17 Weekly average 204, 2.424 la Average per day .. 295198 Me 7 It will be remembered that the daily money aw erage estimated was £604 153., while the probaolé dally passenger average was set Gown &t 48,384 ‘The fact thus revealed @ daily ialling of irom thi original calculation of 19,188 pessengers and oi £250 8s. 6d. in money receipts. ‘The gross error onthe first three weeks may thus be taken at 402,048 in tne number of p: ngers and £6,426 188, 6d. in actual coin. Ag this remains to set of tue amount realized by payment for through traffic, buts terribly serious deficiency on estitaated receipts still ri On this condition of taing: & considerable improvement Hay, Year Binding Amount, peersk EeSeeEs MINERALS. cEseB 85 BEE: FeesSeeee: z yoar 1870 is accounted added district railway ope reDCds int ot the at Biackiria:s Bridge, aod that in 18T1 by ing by the company of the Mansion Hous SHARKS QUOTATIONS, Jn January of 1903 the ee shares of the Metros politan Railway were quoted as follows:—Amouns paid, 10; business done varying irom 0% to 103, the closing prices oeing 11 and 12, At tie end o the first decade oJ ite existence, in January o 1873, its position was thus detined:—amount paid, 100; business done varying irom T0jg to TlKx3 clowing price, 70%, CAPITALISTS’ HOPRS. Tt will thus be