The New York Herald Newspaper, November 30, 1875, Page 7

STANLEY'S TRIDMPIL Colonel Grant’s Paper Read Before the Royal Geographical Society. A Brilliant Assemblage of Savans and Ladies. The Work of the American Explorer Fully Indorsed. His War Action Approved— “Kill or Be Killed.” Grand Success of the Herald and Telegraph Expedition. COLONEL BURTON STANDS CORRECTED, ((sPxctaAL DESPATCH TO THE HERALD BY CABLE. ] Lonpon, Noy. 29, 1875. There was a meeting of the members of the Boyal Geographical Society to-day. SPECIAL OBJECT OF THE ASSEMBLAGE. They were assembled for the purpose of listening to Colonel Grant’s address on the subject of Mr. H. M. Stanley’s—(the com- mander of the Herarp and Telegraph ex- pedition)—explorations in the region of the Victoria Niyanza, Africa. DISTINGUISHED PERSONAGES PRESENT, Among the distinguished personages pres- ent were:—Major General Sir Henry C. Raw- linson, Sir Samuel Baker, Colonel Burton, Bir Fowell Buxton, Baroness Burdett Coutts, Rev. Mr. Moffat (Dr. Livingstone’s father- in-law), Dr. Rae and others. Many ladies of aristocratic rank were seated on General Rawlinson’s right and on Colonel Grant's left. COLONEL GRANT'S PAPER, The paper which was read by Colonel Grant amounted simply to a eulogium of Btanley, who was praised for his persever- @nce, courage and success in carrying out in the most complete manner the intent of his commission from the Heratp and Telegraph. WHE FAME OF THE AMERICAN INDORSED BY OTHER EXPLORERS. Sir Samuel Baker, Colonel Burton and Colonel Grant spoke emotionally on the subject of Stanley’s verification of Speke’s views on the subject of the rise and course of the river Nile. ’ HIS REWARD, The three celebrated African travellers said that nothing in the gift of the Geographical Bociety would be too high a reward for Btanley’s services in the cause of science. He deserved, they said, a reception on his return to England like that which was pecorded to Speke and Grant in the old Burlington House after their discovery of Lake Victoria. AN IMPORTANT POINT OF INFORMATION. The speakers laid stress on the point that Mr. Stanley considered the Shimeeyn River the most southern source of the Nile. ‘ STANLEY'S WAR ACTION. Sir Samuel Baker kindly and humorously defended Stanley against the charge of hav- ing caused unnecessary bloodshed. ‘(KILL OR BE KILLED.” The speaker said that the American ex- plorer was placed in a position where the alternative was ‘kill or be killed,” and if he had not acted with promptitude it was more than probable that neither the Heratp nor the Telegraph nor the world of science would hear of his fate for very many years to come. A BRAVE MAN JUSTIFIED, “Stanley,” continued Sir Samuel Baker, “performed his duty nobly, and thus ac- quired a right to the very warmest welcome on the occasion of his return.” COLONEL BURTON ACCEPTS CORRECTION. Colonel Burton gracefully accepted the correction of his own views on the sources tnd course of the Nile. GREAT ENTHUSIASM. The interest and enthusiasm of the speakers and audience were very great during the entire proceedings. CENTRAL ASIA. (HE KHOKAND REVOLUTIONISTS INFLICT HEAVY LOSSES ON THE RUSSIANS. Loxpos, Nov. 29, 1875, The Morning Standard publishes a special telegram from Vienna, which says that accounts from Titlis rep- resent the Kussian losses in the recent rising at Kho- kand as being heavy. Part of the garrison at Khokand were massacred, THE SUEZ CANAL. E LESSEPS’ OPINION OF ENGLAND'S PUR- CHASE OF THE KHEDIVE’S SHARES. Lonpon, Nov. 29, 1875, M. de Lesseps has issued a circular, in which he he regards England’s purchase of the Khedive’s ps afortunate thing, and the consequonce will be the renunciation by the British government of its former hostility to the interests of the shareholders of the eanal. CHINA. NATIVE ASSEMBLAGE FOR RESISTANCE TO AN ENGLISH COMMISSION OF INQUILY. Loxpox, Nov. 29, 1875. A telegram from Shanghai says the British Inquiry Commission met a traveller who warned them that ® large force was assembled at Yunnan, and resistance te the investigation into the murder of Mz, Margaray might be expected, THE MALAY PENINSULA, THE BRITISH ARMY MARCH TO PERAK. Loxpon, Nov. 20, 1875, A despatch from Penang says it is not expected that the British troops will meet with any serious resistance Ot, Perak, NEW EGYPT. ABYSSINIA AND HUNDREDS OF EGYPTIAN SOLDIERS MASSACRED BY THE EAST AFRICANS. Loxvox, Nov. 29, 1875. ‘The Daily News publishes a special telegram from ‘Alexandria to day which says the Abyssinians had sur- prised and killed a body of 1,200 Egyptians, including seventeen officers. ENGLAND AND EGYPT, A BRITISH ACCOUNTANT TO OVERHAUL THE KHEDIVE'S FINANCIAL CONDITION. Lonpox, Noy. 30—4 A. M. The Morning Echo says the Right Hon. Stephen Cave, Paymaster General, will go to Egypt to inquire into the financial condition of the Khedive’s govern- ment, FRANCE, THE ASSEMBLY DEFINES THE TORAL VOTING. Paris, Nov. 29, 1875. The Assembly has finally adopted the clause of the Electoral bill providing for voting by arrondissement, In the division the Assembly stood 401 for and 200 against the clause, PLAN OF ELEC- SPAIN, Henparx, Nov. 29, 1875. The Carlists have commenced again a vigorous bom- bardment of San Sebastian. THE EUROPEAN GRAIN MARKETS, a Loxpos, Noy. 29, 1875. The Mark Lane Ezpress, in its review of the grain markets for the past week, says England has hada dragging trade, with occasional decline, owing chiefly to the want of condition in the samples. In Holland and Belgium former rates are main- tained. In Germany there have been slight fluctuations. In France the quotations are generally uncaanged, although in some provincial markets there has been an advance of 1s., owing to small supplies. Algeria is suffering from severe drought, CUBA AND THE CROWN. BIRTHDAY FETE OBSERVED IN HAVANA, Havana, Nov. 29, 1875. The birthday ef King Alfonso was celevrated yester- day by festivities at the Government Palace and a fine military and civic procession. THE ROYAL ALBERT BRIDGE. Orrawa, Nov. 29, 1875. Hon, John Young gives notice in the Oficial Gazette that application will be made at the next session of Par- lament for an act of Incorporation to construct the Royal Albert Bridge across the St. Lawrence at or near St. Helen’s Island, to connect the Eastern, Western and Northern railways of Canada with the Eastern and American railways on the south side of the river. Tho bridge will also be adapted to the running of city cars and for ordinary traific as well as for foot travel, NEW YORK AND CANADA RAILROAD. Witrenart, Nov. 29, 1875. * The first regular train over the New York and Can- ada Railroad from Montreal arrived here at five o'clock P. M. to-day, making the rum in eight hours, The road is uow open for traffic. A BANKRUPT AND FORGER. Lepanon, Pa, Nov. 29, 1875. Eaward J. Backenstose, aJustice of the Peace, of East Hanover township, the owner of a farm and ex- tensively engaged in the shipping of cattle to Eastern markets, failed and appointed an assignee last week. He has since confessed to the forgery of notes amount- ing to between $10 000 and $15,000 and has fled to parts unknown. His liabilities are reported to amount to about $25,000. GOVERNMENT OF CITIES. Aumaxy, Nov, 29, 1875. The Governor has appointed the following commis. sion to devise a plan for the government of cities:— William M. Evarts, of New York; Samuel Hand, of ALFONSO'S Albany; FE. L, Gudkin, of New York; Edward Cooper, of New York; Martin B. Anderson, of Rochester; John A. Lott, of Brooklyn; James C. Carter, of New York; Oswald Ottendorier, of New York; William Alien Butler, of Yonkers; Simon Stern, of New York; Joshua M. Van Cott, of Brooklyn, and Henry F. Dimock, of Brooklyn. : CONSECRATION OF BISHOP M’LAREN. CuxveLann, Nov, 29, 1875. The Rev, W. E. McLaren, Bishop-clect of Illinois, ‘will be consecrated in the cathedral at Chicago at half- past ten o'clock A. M. on Wednesday, Decomber 8. FAILURE IN SAN FRANCISCO. San Francisco, Nov. 29, 1875. Fassett & McConley, heavy grain and produce dealers of this city, failed to-day. AN ARMED FEMALE BURGLAR. EQUAL RIGHTS IN CRIME—A FARMER, AWAKENED FROM HIS SLEEP, CLASPS A STRANGE IN- TRUDER IN HIS ARMS. StroupssurG, Pa, Nov. 29, 1875. On Sunday night of last week a farmer named James Steen, living in Jackson township, this (Monree) county, was awakened by a noise in his bedroom. He sprang {rom bed, when he heard some one ranning out of the room. He followed and captured the intruder, who was about escaping {rom a window, whore entrance had been effected. Mr. Steen grappled the burglar, and found that it was a woman, or aman in woman’s clothing. A short straggle ensued in the dark between the two, during which the burglar fired a pistwl, the charge fortunately missing its mark. The farmer soon everpowered and secured the desperate thief, woman, not over twenty-five years of age. She was dressed in a close-filting black dress and wore a man’s felt hat, with a brown wing in the band. She was recognized as & woman who had been peddling notions about the neighborhood fora day or 80, and was evi- dently a French woman. Mr, Steen kept watch over his captive until morning. She would not talk, merely saying that her name was Frances Stanard, She had edroom and had them in her possession when caught. A WOMAN'S WIT. On Monday Mr. Steen preferred a beg 9 against his prisoner, and she was remanded to the County Jail to await trial, She was brought to this place on Monday afternoon, and, owing to the fact that the jail was in course of reconstruction, she was contined in the rand jury room in the Court House for the time ‘The day after she was locked up she declared that she would never be tried if she had to burn the building down and perish with it, Subsequently, however, sho seemed to accept the situativn and became very tracta- ble. The sequel shows, however, that she was only acting a part, to throw the authorities off their guard, THE BURGLARESS! RSCAPE. Early on Monday morning last Mrs. Tathill, who has charge of the Court House, was awakened by a strong smeli of smoke in the building. Instituting an investi- gation, she discovered flames issuing from the grand Jury room, and the corridors were illed with smoke, She at once gave the alarm, and by great eflorts the fire was extinguished, It was at once believed that the prisoner had attempted to carry her threats into execution, and a search was made to seo it she had perished in the flames or had boon suffocated, It was svon disco had fallen a victim to neither, but had escaped the building by a window, after tirmg the room. she had done by removing the doors irom a burning stove in the room and overturnit , Spilling its burning contents thereon, She then Piled the bedding and furniture in the room upon the stove and made her escape, jumping from the window to the ground, some twelve fect. A large space was burned in the floor and several beams burned in two, In a short time the flames would have made such prog- ress that it is doubttul if they could have been con- trolled and a disastrous coullagration would have re- sulted. No trace of the woman has yet been found. SHOCKING ACCIDENT. Joseph Abbot, fifteen years of age, while at work in the factory of Hines & McGinna, No. 37 Dey street, caught his clothes in a belt of machinery and was drawn to the coiling, thrown round the shaft and hurled to tho workbench Ueneath. His arm was broken and his logs badly injured, besides wounds in his head. He was taken to the Chambers Street Hospi- tal by the ambulanoa \ Procuring a light he discovered that the burglar was a | spake up the furmer’s pantaloons and coat in the | YORK HERALD, TUESDAY, NOVE UNION PACIFIC, i DECISION OF THE SUPREME COURT IN FAVOR OF | THE COMPANY—PAYMENT OF PRINCIPAL AND | INTEREST TO THE GOVERNMENT POSTPONED FOR THIRTY YEARS—A SECOND MORTGAGE | FOR sEcunITY. ' Wasminatox, Nov, 29, 1875, | The sensation of the day in Washington has been the rendering of the long expecied decision of the United States Supreme Court in the Union Pacific Railroad case which, as Attorney General Pierrepont said in his | argument for the government, involves indirectly a | Money consideration amounting to $200,000,000, Your | money editor will tell you how the stock of the com- pany fluctuated in Wall street in response to the decis- ion of the Court, notwithstanding that something of the effect upon the market had been ‘‘discounted” by the fulfilled expectation of a decision favorable to the company. But the SOBNE IN THE CAPITOL here is worth a fow words of description. An eager and anxious crowd of speculators, Wall street agents, lawyers and reporters besiege! the door of the court room promptly at the hour of noon, when the nine Judges, in all the solemn dignity of their robes of black silk, filed into their nine high backed chairs upon the high bench and looked down upon the semi-circle of lawyers in front, sitting in the very spot where Clay’s and Webster's oratory awoke the echoes of the cham- ber when it was the Senate of the United States, In the few minutes preliminary to the announcement of the first opinion the Wall street operators and agents furtively ran over their cipher keys that they might make no mistake in the messages they were to flash to the expectant speculators at the New York Stock Exchange, 250 miles away, when the decision for or against the rail- road company should be announced, The reporters brushed up their powers of tnemory, for they dared not take notes. It is one of the rules of the Supreme Court that no one save its attorneys or clerks may put pen or Pencil to paper anywhere within its precincts, At length the first opinion was announced. Heads were thrust forward and hands were curled about ears in the eagerness to catch the title. It was some West- ern national bank versus a delinquent debtor, and heads ‘were drawn back and ears untrumpeted again, A sec- ond and a third opinion were read, the waiting crowd taking the infliction heroically. At the fourth opinion necks were craned forward once more and a silence like that of death fell upon the room when Judge Davis said, “Iam assigned to read THR OPINION in the case of the Union Pacific Railroad ys. the United States.” On wont the reading amid a deep still- ness, When the Judge had reached the portion saying that the Court would not go back to the debates in Congress, the strong point in Attorney General Pierre- pont’s argument tor the government, but would abide by the exact language of the statute and its evident meaning, and whon he said that if there had been no bonds guaranteed by the United States the government would never have hesitated to pay the railroad the full amount claimed, it was evident that the decision was going to be IN FAVOR OF THR COMPANY, and some of the speculators slipped out of court on tiptoe and so telegraphed to Wall street, But others deemed it safest to wait for the end of the paper, the reading of which took over half an hour. At length when the final sentence was read, “the judgment of the Court of Claims is affirmed,’ the whole crowd scur- ried out of the court room at the top of their speed and fled down the long aisles of the Capitol to the tele- graph offices located in the south wing, whenco hun- dreds of messages were dashed off to Wall ‘street and © the evening press over the country. The decision | applies, of course, to all the Pacific railroads, although the suit in this instance was brought by the Union Pacific. THE EFFECT is to keep the government out of about $85,000,000 and the compound interest thereon for.about twenty-three years, when the aggregate of principal and interest— the latter not compounded—will be due by the com- pany to the United States in one sum. The original principal of the bonds issued to the roads was about $65,000,000, which, with simple interest at six per cent for thirty years, would make the total obligation of the company at the expiration of thirty years $180,000,000, | As there is no provision for compounding the interest, the Suprome Court deciding that the accrued interest and principal are payable in one sum at the end of thirty years, the United States will have to lose about $20,000,000 meantime in the way of componnd interest, and at the end of the thirty years have only A SKCOND MORTGAGE upon the railroad for the enormous sum of $180,000,000, This calculation proceeds on the supposition that the government will not have becn reimbursed by trans- portation services done by the railroad, These ser- vices have been only a fraction of the interest on the bonds up to this time, and would only avout offset the | compounding of interest, so that the estimate of what the raileoads will owe the government at the end of thirty years will prove not far trom correct, ‘The following is THE TEXT OF THE DECISION, This isan appeal from the Court of Claims. The Union Pacific Railroad Company, conceding the right of | the government to retain one-half of the cumpeusution due it for the transportation of the mails and military | and Indian supplies and to apply the same to reimburse | the government for interest paid by it on the bunds is- | sued to the corporation to aid in the construction of a | railroad and telegraph line, seeks to establish by this suit its right to the other moiety. | The United States, on the other band, having paid in- terest on these bonds in excess of the sum credited to | the company for services rendered by it, insists on its right to withhold payment altogether. The ground | ‘on which the right of retention is sought to be main. | tained is the general right of set-ofl. [tis true this | right, asa general principle, exists in the government | | and is Soa exercised by it when settling with | those having claims against it; but manitestly the | the rules applicable to ordinary claims for services ren- | dered to the United States do not apply to this contro. | versy. The bonds in question wero issued by the United States in pursuance of a scheme to aid in the | construction of a GREAT NATIONAL HIGHWAY: In themselves they do not impute any obligation on the part of the corporation to pay them, and Whether, when the United States has paid interest on them, ‘an obligation arises on the part | of the corporation to refund it depends | wholly on the conditions on which the | bonds were deiivered to the corporation and received | by it, These conditions are embodied in the legislation of Congress on the subject, and if, on a fuir interpreta- | tion of this legislation, the corporation is found to be debtor to the United States the deduction of interest paid on bonds can be lawfully made. But if the con- verse proposition is ascertained to be true the govern- ment cannot rightfully withhold from the corporation half of its earnings. In construing an act of Congress we are not at liberty to recur to the views of individual | members in debate nor the consideration of the motives which influenced them to vote for or against its passage. The act itself speaks the will of Congress, and this ix to be ascertained from the language used. But cours may, with propriety, in construing a statute, recur to the incidents of the time when it was passed, and this is trequently necessary in order to ascertain the reason | as well ay the meaning of particular provisions im it Many of the provisions in the original act ot 1862 are outside of the usual course of legislative action con- cerning grants to railroads, and cannot properly be. construed without | REFERENCE TO THR CIRCUMSTANCHS: | which surrounded Vongress when the act was passed. | The war of the rebellion was in progress, | and the country had become alarmed for tho | safety of the Pacific States, owing to complications | with England, In case these complications resulted in open rupture the loss of our Pacific possessions was | | feared. But even if this fear was groundless it was quite apparont that we were quite unable to turnish that degree of protection to the people inhabiting them which every government owes to its citizens, It is true the threatened danger was happily averted, but there still remained the necessity of making suitable rovision for the future, which could be done in no tter way than by the consiruction of a railroad across the Continent, Such a road would bind to- gether the widely separated parts of our com- | mon country and furnish a cheap and ox- | peditious — mi of transportation for troops and supplies, and if it did nothing more than afford the requisite protection to the Pacific States, it was felt that the government, in the execution of its plain duty, could not justly ignore the necessity of building this toad, So sirong and pervading was this opinion that it was by no means certain that the people would not have sanctionea the action of Congress if it had | departed from the traditionary policy of the country regarding works of internal improvement, and had | charged tho government itself with the direct execution of the enterprise, This enterprise was viewed as & national undertaking for national purposes, and the public mind was directed to the end to be accomplished rather than to the particular means | employed for the purpose, Although this road was A MILITARY NECRSSITY, | there were other reasons, active at the time, in favor of its completion, besides the protection of an exposed | frontier, There was a vast unpopulated territory lying between the Missouri and the Sacramento rivers, which ‘was practically worthless without the facilities offered by @ railroad for the transportation of persons and property, With its construction the agricultural | and minoral resources of the territory could be developed, settlements made where settlements were ossible, and thereby the wealth and power ofthe | Cited States essentially increased, There was also a Pressing need, in time of peace even, for an improved | amd cheaper method af transportation of the mails and | mination of the time they have to run. supplies for the army and the Indians, It was in the presence of these facts that Congress undertook to deal With the subject of this railway. way of building it were great and were by many ptelligent persons considered unsurmountable, al. though a free people, when it resolves on a course of action, can accomplish great resuits. The scheme of building a railroad, 4,000 iniles in length, over deserts, across mountains, and through @ country inbabued by Indiaus jealous of intrusion on their rights, was universally esteemed at the time to be a boid and hazardous undertaking. It is nothing to. the purpose to say that the difficulties in the way of the uudertaking disappeared in a great incasure after trial and that the road was constructed at less cost of time and money than was considered pos- sible. No argument can be'drawn trom wisdom that comes after the fact. Congress acted with reference to & state of things supposed to exist at the time, and no idea cau be derived im the con- struction of legislation from the consideration that the theory on which it proceeded turned out not to be correct. The project tor building the road was not conceived for private ends, and the prevalent opinion was that it could not be worked out by private capital alone. It was ANA originating in @ natioi tional assistance. The polic say nothing of the supposed of the government, to ‘ant of power, stood in the way of the United States taking the work into its own hands, even if that was not so reasons of economy snggested that it was better to enlist private capital and ‘in- dividual enterprise. This Congress undertook to do, and it was believed that tho inducements held out were such as would secure the necessary capital and en prise, but the purpose was to promote the operation of the work witich was deemed essential to the security of great public interests, It is true the scheme contemplated profit to indtviduals, for without a reasonable expecta- tion of that capital could not be obtained nor the requisite skilland enterprise. But this consideration does not in itsell change the relation of the parties to this suit, This might have been so if the govern- ment had incorporated a company to advance private interests, and had agreed to aid it on ac- count of supposed incidental advantages, which wou acerue to the public from the completion of the enter- prise, but the government proceeded on a wholly differ- ent theory; it sustained the enterprise to advance its own interests and it endeavored to enlist private capital as @ means to the end of securing the building of aroad which was to be used for governmental purposes, Whatever obligation, therefore, rested on the company must depend upon the true meaning of the enactment itself, viewed in the light of contemporaneous history. It has been observed by this Court that the ttle of an act, especially in’ Congressional legislation, fur nishes litle aid in the construction of it, because the body of an act in so many casos has no ref erence to the matter specified in the titi, This is true, and we have no disposition to depart from that rule, But the title even in the original act of 1862, incorporating the company, seems to have been a subject’ of especial consideration by Congress, and in terms declares the general purposes of the act. It is ‘An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean and to secure to the government the use of the samo for postal, military and other purposes, ”? That there should, however, be no doubt of th. national character of the work which Congress proposed to aid the body of the act contains the ex- pression that its object is to promote the public interests and wellare and to secure to the government at all times, but particularly in time of war, the use and beneiit of the same for postal, military and other purposes. Indeed, the whole act contams unmistak- able evidence that if Congress was put to the necessity of accomplishing this great public enterprise through the instrumentality of private corporations it took care that there should be no inisunderstanding either as to the objects to be accomplished or as to the motives which influenced its. course in the matter. If this bill had been equally explicit in relation to the bonds there would have been no occasion for this suit. But even in that particular, looking at the motives which led to the act, we do uot think there is any serious difficulty in get” ting at THE TRUE MEANING The act itself was an experiment and of Congress. should be considered in the nature of a proposal for inducing men to engage in the work, for there was no certainty that the capital with the uutried obstacles in the way could be enlisted, If enlisted at ail it couid be only on con- ditions, which would insure, im case of suc- cess, ‘remuneration proportioned) t) the risk incurred, It preferred that inducement in the way of bonds and interest bearing bonds of the United States. There is no controversy about the terms on which the lands were granted, and the only point on which there is any relates to the nature and extent of ‘the obligations imposed on the company to pay these bonds. It is not doubted the government is to ve reimbursed, both principal and interest, but the precise question for decision is whetber the compuny is required to pay the interest before the maturity of the principal. The solution of the question depends upon the meaning of the fifth and sixth sections of the original act of 1862, and of the sixth section of the amendatory act of 1864 The fifth section of the original act contains the undertaking on the part of the government, and the sixth — section defines the objects of the company, quoting the fifth section, The manifest purpose of the tifth section is to. take a lien of the property of the company for the ulti- mate redemption of the bonds, principal and interest, but the way and time were left to further provisions. That the government was expected in the first instance to pay the interest is clear enough, tor the mortgage was taken to secure the repayment of the loans, to- gether with all the iyterest thereon paid by the United States, and this phrase implies a prior payment by the United States, whatever might be the duly of the cor- poration in regurd to its repayment. Besides this, when repayment 1s spoken of, it is un- derstood that something advanced by the Uuited States is to be paid back. Apart from that, had it been the intention of Congress that the corporation itself should pay interest on the bonds as it fell due, phraseology appropriate to such a purpose would have been used; but when and how the rebursement was to be made,’ was to be in conformity with the terms prescribed in another portion of the act. In the latter part of the filth section the Secretary of the Treasury is empow- ered to declare a forfeiture and to take possession ot the road on the failure of the corporation to redeem said bonds. ‘The obligations imposed on the company, as assumed by it in reference to the repayment of the bonds, are set forth entire in the sixth section (quoting itat large). 1 ing out of consideration the parts of the section which do not pertain tothe present inquiry, there are three things, and three only, which the corporauon is required to do concerning the bonds in controversy. First—To pay said bonds at maturity. Second—To allow the governwent to retain the com- pensation due to the corporation for services rendered, | and to apply the same to the payment of the bonds and interest; and Third—To pay over to the government, after the road has been completed, five per cent of the not earn. ings uf the road, to be applied to the payment of bonds and ibterest, : If we take the language used in its natural and ob- vious sense, there caa be no difficulty in arriving at the meaning of the condition, “to pay éaid bonds at ma- turity.”” ‘as commonly understood the word ‘maturity’ in its application to bonds and other similar instruments applies to the time fixed for payment, which 1s the tor- question were bonds of the United States. This obliga. tion the government was requested to perform, and as the bonds were issued and delivered to the corporation to be sold for the purpose of raising money to carry on | the work, it is insisted that Congress must have in- tended to impose a corresponding obitgation on the cor- poration. In support of that construction it is sought to give to the word “maturity” a double signification; applying it to each payment of interest as it {alls due, ‘as well as to the principal; but this is extending the application of the word beyond its natural and obvious meaning, and is contrary to all legal rules. Courts canuot sup: ply deficienciés in legislation, nor afford relief because deficiencies are supposed, On’ this point Justice Davis quotes from Lord the Chief Baron of lrelana to the effect that, asa general rule, respecting interpretationsol deeds, | ali latitude of construction must be restricted merely | to the interpretation of the words, and that if courts | step beyond that they no lohger construe men’s deeds, | but MAKE DEEDS FOR THEM. This rule, continued Justice Davi: is applicable to the language of a statute as it is tho language of i. phrase, “to pay bonds at not bear the sense sought to be attributed to it. It applies obviously to the obligation to pay both principal and interest, but it does not imply the obligation to pay the interosts as they accrue and the principal when due, It is one thing to be required to pay principal and interest when the bonds attain maturity and it is quite another thing to pa: the interest every six months and the principal at the end of thirty years, The obligations are so different that they could not both grow directly out of the words employed, and i is necessary to superadd other words in order tend the condition so as to include the payment of semi-annual interest as it falis due, Neither in principal, nor = in fori, {s__ such plain departure from the oxpress letvor of the statute warranted, and especially so when the construction leads to so great an extension of the conditions as would defeat the grant. The failure to perform the conditions is declared a forfeiture; and if the natural ve adopted for the phrase “maturity” thero ean NO FORFEITURE, until the bonds themselves mature,’ On the contrary, if the construction sought for on the part of the United States be allowed, it subjects the company to forfeiture on every occasion when six months’ intcrest talls due and is not paid. Resides thia, when Congress imposed those conditions, it well knew that the undertaking of the government bound it to pay to tho holder of any bond the interest every six months, and the principal at the time the bond matured. With that knowledge, dealing as it did with the relations which the company must bear to the government, if it had in- tended to exact for the company the payment of the interest before the maturity of the bonds, Congress would have declarod its purpose in language about which there could be no misunderstanding, but if the words “to pay said = bonds = ats maturity” did not give notice that that exaction was intended, gneither do the other provisions of the sixth ion, ‘They create no obligations to keep down the interest, nor Were they so intended, The right to re- turn the amount due to the company for services ren- dered, and to’ apply it toward the indebtedness of the company cannot be construed into a requirement that the company was to pay the interest, from timo to time, and the principal = when due, It was within the —_ discretion of Congress to make this requirement and then as collat- eral provide # special fund or funds out’ of which the principal of tho obligations could be discharged, But Congress did not choose to do it, but remained satis- fed with the property of the company for the ultumate MBER 30, 1875.—-TRIPLE SHEET. ‘The difficulties inthe | The bonds in | 1 The company, for obvious reasons, might { be very willing tu accept’ the bonds of tho gov- ernment on these terms, and might be very un- | willing to come under absolute promise to pay | the current interest as it accrued. If the company was obliged to raise money every six months to pay inter- | est when all its available means were necessary for the Prosecution of the work the burden might be very | heavy. Congress did not,see fit to impose this burden | and to py yment, res to the Pacific by the an- cient method abundantly shows, ‘Local ‘business a8 @ source of profit could not be expected, and whether, when considered as an investment, it would prove valuable was a question for tine to di termine. But vast as the work was, the growing wan well as the existing military neces. | | ment, demanded that it should be | } Under the stimulus of these cousider- fons Congress acted, It did not act for the benoit of private persons but tor an object deemed essential to the curity Of the country as Well as to the prosperity of | the country, compelled as it was to incorporate a pri vate company to accomplish the object. It proffered the terms on which it would lend its aid which, if deemed too liberal now, were then considered with the lights betore it mot too liberal for the purpose of — engaging the attention of enterprising men, who, if not themselves capitalists, Were in a position to command the use of capil: These terms locked to ultimate security rather than immediate reimoursement, and for the obvious reason that the corporation would require all it8 available means | for construction, and that to exactan obligation to keep | down the interest would tend to cripple the enterprise at atime when the primary object of Congress wus to advance it. In addition to all that has been said, there is enough in the scheme of the act and in the pur- pose contemplated by it to show that Con. | gress never intended to impose on the coin- pany the obligation to pay current interest, ‘The act was passed in the midst of war, when the pudiic mind was alive to the necessity of binding the Pacilic States to those of the Atiantic. Confessedly the | undertaking was outside of the ability of private capital, and only by the helping hand of Congress | couid the problem, dificult of solution under the most favorable circumstances, be worked out, Notwith- standing the « PAVORABLE TEAMS OFFERED the road languished, and the effect of that was the amended act of 1864,” By that the grant of land was doubled, the government lien was made a second in- stead of a first mortgage, and @ provision was inserted that only one-half of the amount due by the government for trausportation should be required to be applied to the payment of the bonds issued by the govermment in aid of the construction of the road. ‘This amendment was without doubt intended merely to modify the provisions of the original act 80 as (9 allow the government to retain only haif of the compensation due for services rendered, instead of all of it, though the provision is that the com- pensation shall be applied to the payment of bonds, while in the former act it applies it to bonds. and interest, Yet it cannot be supposed that Congress intended to relinquish the rightot the government in the former act, The change was avery material one and intended as a favor, bat on the principle contended for, in behalf of the government, it would be of no value. Of what possible advantage could it be to this company to receive payment of one-halt of the compensa- tion duo to it for services to the government, if it were subjected to a suit to recover it back as soon as it was paid, and ve: this is the effect uf the pro- vision, on the theory that the company was debtor to the government on every semi-annual payment, EFFECT IN WALL STREET. At the opening hour Union Pacific sold freely at 7414 in Wall street yesterday until a telegram was received from Washington stating that the United States Su« preme Court had rendered a decision supporting the Union Pacific in its claims for payment for government transportation. Instantly Union Pacific became the strong feature of the day on the Stock Exchange, and until the close of the board the excitement was high and continuous. Opening at 7414, the stock jumped on the receipt ot the first ramor of a favorable decision to 7634 bid, with 764 asked, The wires were crowded with questions to Washington as to what the decision was, the stock and excitement appreciating every moment’ until near the close of the ho Aleta the facts came, verifying the most sanguine hopes of the bulls, The effect of this n was woll known on the street. It gives the company about $1,000,000 in back pay ‘and secures to it about $500,000 cash each year in pay- ment for government work. The ‘decision places the dividends of the company ou a much firmer basis, as will be seen by the street quotations, Nearly every other leading stock rose in sympathy with Union Pacific until the gong sounded at the close, when the highest rates of the day were registered. Union Pacitic ock ran rapidly up the list until at three P. M. it closed at the best figures durit the day, 79%. Tho bonds followed, closing at 10434. A LEGAL POINT WELL TAKEN. IMPORTANT DECISION IN THE STATE OF LOUI- SIANA—EFFECT OF AN ACTING JUDGE'S TRIALS—A BLOTTING OUT OF JUDGMENTS. New OrtKans, Nov. 29, 1875, The Supreme Court to-day gave an opinion in the case of the State of Louiriana vs. Peter Phillips, which was appealed from the Superior Criminal Court, The | defendant was convicted of perjury while George H. | Braughan, an attorney-at-law, was acting as judge under an order trom Judge Atocha, and sentenced to | the Penitentiary for five years. The appellant alleged | that Braughan had no legal right to act, and the Supreme | | Court has decreed that the judgment against Phillips | | should be annulled and the case remanded for trial. According to law this decree virtually blots out all of the judgments of the Superior Criminal Court rendered by Braughan, which include the cases of William Williams and Fendorson, for murder, both of whom were respited last week by Governor Kellogg until the case above mentioned should be decided. THE INTERNATIONAL CODE COM- MITTEE. Tho International Code Committee had a meeting in this city yesterday at the houso of the Hon. Charles A. | Peabody. The Hon. David Dudley Field was in the chair, and Colonel H. B. Sprague acted as secretary. Judge Peabody offered a set of resolutions in reference to the death of the committee’s former secretary, the | Rev. Dr. J. Browring Miles. The preamble and resolu- i tions dwelt upon the many Christian and social virtues — | which adorned the deceased triend of peace and | | champion of civilization, The loss of his services wero | deeply regretted and his absence acutely felt by tho , | members of the International Code Committee. It | Was resolved to appoint a committee of five for the | purpose of maki Trangements for a public meeting, | inorder to bear further testimony to his worth services. This subcommittee consists of Mr, Dudley Fieid, Judge Charles A. Peabody, Dr. S. Prime, Colonel H. B. Sprague and Mr. Mason Young. |THE FLUSHING LIQUOR DEALERS. | The adjourned meeting of the Board of Exciso was | held at the Town Hall, Flushing, yesterday, at two | o'clock P. M., for the purpose of hearing the defence of | | the eleven liquor dealers. Thé court room was filled | ‘with interested citizens, bus the presence of a number | als, who were appointed on Saturda; i] | of special mat suc datos, a been no talk about reorganizing » | of exist they should surel q- COSTLY CHARITY. The extravagant cost of the distribution of outdoor relief of the poor by the Board of’ Commissioners of Charities of Kings County will be made the subject of comment by Supervisor Ropes, at the meeting of the Board of Supervisors to-morrow fotenoon. Tt 18 as- mut the: “eee eee serted that upward of forty per cent of the entire por all its grants; besides, it is fair to | Amount expended inst year on outdoor rehef in the | infor that Congress ’ supposed’ that the service | City of Brooklyn was patd-for salaries, Which amounted | to be rendere | by the roud to the government would |,” 4 * | equal the interost to be paid, aud that was notan an. | t° ™more than $100,000. ‘The contrast with New FT cain egeation, j York is most disgraceful im this respect, as 0 ing inilitary and mautitttes of the vast cost of transport- | in this city more poor persons were visited for $2,500 than the Brooklyn “Bumbles” attended to for $9,000. Owing to the extravagance in this respect pursued by a majority of the Charity Board $40,000 out of the appropriation of $85,009 for the whole fiscal year ending July is already spent ubliean leaders © ating with the charity retormers for legislation Loc tou change in the system of the distribution of relief as heretofore administered. The present Board Hoard, which will go as will also be the new tence January 1, The ad the republicans beon jon of their candi- here would have the system of rehiet, indoors or outdoors, ‘They assert that it would be ap act of apparent inju to the people to set aside the popular verdict by legisiating out of office the men wha ave been fairly chosen at the ballot box to serve as Commissioners of Charities. If the wrongs complained y be redressed, but the ver- dict of the late election should not be tampered with by the Legislature, is demos ratic leaders sa. sful in securing Hutchinson and deme HOTEL ARRIVALS, Congressman George M. Beebe, of Monticello, N. Y., is registered at the Fifth Avenue Hotel, Ex-Governor John T. Hoffman and family have apartments at the Clarendon Hotel, Mr. James F. Joy, President of the Michizan Central Railroad Company, is staying at the St, Nicholas Hotel, Pay Director J.” George Harris, United States Navy, is quartered at the Everett: House, Mr. Rodney W. Daniels, Collector of Customs at Buffalo, is stopping at the Fifth Avenue Hotel. State Senator HL C, Connelly, of Kingston, N. Y,, has arrived at the Metropolitan —_ Hotel. ptain J. M, Cobbett. of the Thirteenth Hussars, British Army, it at the Glenham Hotel. Ex Governor William Cumback, of Indiana, has taken up his residence at the St. Denis Hotel, Judge Ransom Balcom, of the Now York Supreme Court, arrived last evening at the Astor House Rear Admiral de Casombroot, of Holland, and Mr. Frank W. Bird, of Massachusetts, are at the Windsor Hotel. Rev. Canon G. M, Innes, of London, Ont, is residing at the Sturtevant House. General George A. Sheridan, of Louisiana, is sojourning at the Fifth Avenue Hotel. Judge J. C. Perkins, of Salem, Mass., is among the late arrivals at the St, Nicholas Hotel. Mr. John L, Delano, of Ohio, is at the Gilsey House, MAILS FOR EUROPE, Tho steamship Abyssinia will leave this port on Wodnesday for Queenstown and Liverpool. The mails for Europe will close at the Post Office at four o'clock A. M. Tue New York Henato—Edition for Europo—will be ready at half-past three o'clock in the morning. Single copies, in wrappers for mailing, six conte, D AND TAR HAS made the treatment of lung disease su ful. Pixe’s TooTuacu® Drors cure in one minute, A—FOR A STYLISH AND ELEGANT HAT, OF lity, Ko direct to th facturer, oxtean quality, Wo GeSPENSUMETD, No. 11 Nassau streot. A NEW §S ATIO; THE MOOSE AT THE Rink,—A Moose, the most natural trotter in the world, will be exhibired in’ harness, Saturday, this week, December 4, at the Rink, American Institute Building, with ther attrac: tions, which will appear in our next issue. SELLING LIKE HOT CAKES.—THE TELEGRAM erday issued a puadey edition, and it is said 100,000 pies went off like hot cakes. One of the new teatures was © publishing of free advertisements for all persons seeking cmiployment.” Of course there was & great rush,—Commer cial Advertiser. ye T. “SEELEY’S A.—TRUSSES.—WEAR THE F Hanp Runsen Trusses.” Comfort, sa durability. Imp patterns, Esta way. Correct stment, Low prices. A $3 HAT FOR $1 90.—FINE HATS A SPECIALTY, Siux Hats, $380; worth $5, 15 New Church street, up stairs, A NEW REMEDIAL INVENTION BLESSES THE ) y, G8 Bromdway, race, The ELASTIC TRUSS with their new remedy, hold worst ruptures comfortably night and day till permanently cured. HUT CAKES.—THE TELEGRAM edition, and it is said 100,000 One of new features was x for all persons seeking ‘great Tush.—Commer SELLING LIKE yesterday insned a Sunda copies went off like hot cakes. the publishing of free advertisem employment. Of course there w: cinl Advertiser. A.—JELESO WATER CONCENTRATED, the grentremedy for dyspepsia, rheumatism and general debility. fe jer for three bottles sent free of expressay to any part of the United Stutes or Canada on receipt of the Price. BL a bottle (SO doses in a bottle). Address WARREN & CO., 20 Cortland street (box 3,880, Post office) A.—RUPTURE CURED BY DR. MARSH (PRINCI- pal of Inte Marsh & Co.) at his old office, No. 2 Vesey street, it House. No uptown branch. A.—A.—FURS | Ferst Chorce stock in great varfety ar popular prices, NEALSKIN SACQUES and SETS a specialty. Bank Building BURKE, manuta 4 Broadwa BROOKLYN, HERALD BRANCH OFFICE, corner Fulton avenue and Boerum street, SAM. to9 P.M oO P.M. BEAUTIFUL AND NATURA’ BROWN OR black.—BOSWELL & WARNER'S “CoLoniric ror tHe Hain.” Depot, No, 9 Dey street. BUY THE BEST FURNITURE AT MODERATE rices. HERTS & CO., manutacturers, 806 and 808 Broad: way, opposite Eleventh street, New York. SEL! LIKE HOT CAKES.—THE TELEGRAM yesterday issued a Sunday edition, and It is said 100,00 copies went off like hotcakes, One of the new featnres wat he publishing of free advertisements for all persons seeking employment. Of course there was a great rush.—Commer- cial Advertiser. DYEING AND YORK DYELAG ENT, STATEN 1 610 Sixth a et, Brooklyn. PRINTING.—TAKE IT TO THE AND PRINTING ESTAB- ND. Offices 0% Duane street, venue, New York; I 168 Established fifty years. INFLUENZA CURED BY THAT STANDARD REM- edy, Wistan's Batsaw or WiLp Curry. 50c, and $1 0 bottle. TRUSSES, BANDAGES, &C.—SEELEY’S HAND Runner TResses; comfortsafety, cleanliness and dura- bility; used in bathinw; fitted perfectly to form :always re: Hable. Establishments, 737 Broadway, New York, and 1,347 Chostnut strect, Philadelphia. Correct adjustment. Low Prices. THOSE WHO WISH VIGOR, FIRMNESS, ENERGY, Provented any disturbance, The Hon. James W- | should wear a GRADUATED Oust aXD LUNG PRotecroR, Covert, for the defence, bad as his associate | Sold by underwear dealers and Druggists, a $1 50, Richard Busteed, formerly a judge im Alabama, | [SAAC A. SINGER, manuh hints | The President of the cise = Board — stated —THE TELEGRAM | before calling the cases that an opportunity would be offered to those who desired to surrender their licenses, as by so doing they could escape the provision of the law. in response to this suggestion, E, B. Sim- mons, Andrew Lynch, William Gale and Fred Henning, | all hotel proprietors, surrendered thei licenses, | Judge Busteed then asked for an adjournment until } Thursday afternoon, in order to prepare himself for the | case, There are six cigar dealers to be arraigned at | that time, John Halleran, R. ©. Wright, Richard ©, | Colton, P. D. Brown, James W. Smith and John | Mexonna, THE STORY OF A LOST DIAMOND. | In the Court of Sessions at White Plains, Westchoster, | yesterday, Solomon Levison was tried for grand lat ceny. The circumstances attending the alleged crime | wore of an unusual character, the property in question | being a diamond ring, worth $300, belonging to a mem- ber of the Emmett family, whose residence, near New Rochelle, was broken into and robbed by masked bur- | glars on the night of December 23, 1873. The rin, | Rot stolen then, from the fact that it was in Ne | for resetting, The burglars found the morocco | case, and threatened to kill Miss Lydia Emmett | if sho did not produce the gem, In October, 1874, Miss | Emmett lost a portomonnaie, containing this ring and another, near the railroad depot at New Rochelle, They | quietly until April last, when he called at Levison’s Jewelry store, showed the ring and stated that he had | found it, and'asked if the stone was a diamond. ‘The | prisoner said he did not know, but that if Bugle wished | he would take it to New York and ascertain its value, | Hoe also offered Bugle the best silver watch and chain in the store for the ring. Bugle testited that on the return of Levison from this city next day the diamond had been taken out and paste substituted. For the defence it was testified that Bugle sold the diamond to Levison for $10, stipulating that he should replace jt in the setting by an imitation, to deceive Bugle’s mother, it was proved that Levi- | son sold the diamond in this city for §175, ‘The jury | rendered a verdict of “Not guilty.’? THE GREEK CHURCH. The Rev. Nicholas Bjerring, of the Russo-Groek churoh, will lecture this evening, at Association Hall, on the subject—“Tho Oriental Church and its Friend! | Bolations to Other Religious Badies,"* " were found by William Bugle, a boy, who kept thom |)’ | Oi SELLING LIKE HOT CAK Yesterday issued a Sunday editio copies wont off like hot cakes. One the publishing of tree advertise Of course there wi efnd it 19 auld 100,000 all persons seeking great rush, —Comum VACANT PLACES in the dental ranks will never occur if P A pe gro 1 hiand cleanse them every day with that fn. Trouctooth wash, NOZODONT.. From youth told age 4% will namnel spotiess and unimpatred. ‘The teeth of per- Kee? tho uve Ronodont have a pearilike whiteness. and ‘the gums rosente hue, while the breath t+ purified and ren- dered sweet and fragrant. It is composed of rw iseptic herbs and is entirely free from the oljectionable and inju- rious ingredients of tooth pastes, &e. RAUCHFUSS, PRAUTI. we Humax Hata, 44 East WIGS, TOUPEES, &C.—G. cal Wiawaxen and Ixrouten 0 Twelfth street, nent Broadwn, iT FOURTE| 114 BA NTH STR OPPOSITE THR Academy of Music, the only place inthe city where ladies can have their! own materiat PLatren, SiintED, Kx BROIDERED, BRAIDED AND STAMPED to order by improved machinery quick and cheap. NEW PUBLICATIONS. RIGHTS DISEASE, DIABETES, DROPSY, GRA Calculus, Gout, Rheamatism, Dyspepsia, bi the Liver, Kidneys, Wladder, Prostate Gland, Prostration, Ong A curable by general r ing their successful trent S. remature fhections «im: v3 BET AHEL, MADE OF HESDA MINERAL SPRING WATER, and Dr A) HAWLEY HEATH, the an thor and proprietor; free to address, Depot aud recep- w York. tion rooms, 200 Broadwa: HEAPEST BOOK STORE IN THE WORLD, 5 avenile Books at your price; 47,072 magnificent nd Prayer Books at any AT BROS., w Post ville, i price. “LE No, 3 Bookman street, opposit EDITION.—A TREATISE EX planatory of th se%, With instructions for the sua~ genstul treatmant of Weakness, Low Spirits, Nereows, Bx haustion, Muscular Dobility and Premature Dectine im Man. hood Address the nuthor, We. K. Di F. CUREES, Twenty second steaet, Now Yor ANILOOD—20urHt TEW CHRISTMAS MUSIC “ Christians, Awa anthem; 85 cents: and" Love Divine; hymn; 30 cents; both by George William Warren. “It iv our merry Christmas day: carol: Backus; 10 cents, “ Happy Christmas 1 ond; LO cents, "A child tails day is 10 cents, Coptos mailed, wit, A. D & CU., OAT Broadway, PON, sore, 39 Uaion squares