The New York Herald Newspaper, March 2, 1877, Page 5

q- /" “TE CANADIAN CAPITAL, The New Dominion in Its Winter Coat, Sights and Seenes Among the Kanucks— People Worth Kuowing—Handsome Men and Lovely Women, BIG BODIES AND BIG HEARTS The Picturesque Scenery Around Ottawa. Orrawa, Feb. 27, 1877. It 18 not necessary to cross the ocean in order to en- Joy the novelty of association with a foreign people eud observe national, personal and social churacteris- ties with which we of the United States are untamil- lar, a journey of eighteen hours trom New York will bring you ioto the heart of a country rich in romance, Wwondertul in its development, as nearly perfect as it 48 possible to be in its method of government, and pop- ulated by a community whose different habits aod traite are as suggestive as any Birange object in a Museum of natural curiosities, Few persons take timo enough vo refloct that almost ®t our door 18 the capital of the other hall of the American continent, the counterpart of Washington, where you have only to change the name of the Pres. ident to that of Governor General or Viceroy, ef tho Cabinet to Privy Council, of Congress to Parliameut and of the White House to the Government House, to Tealize how closely 10 some respects aro allied these two triendly neighbors, the Confederation of Canada and the United States, Itis becauso this ignorance exists that your correspondent devotes the present letter to a description of some of THK SCENES AND SURROUNDINGS OF OTTAWA, Landing {rom the cars at this season of the year, When the earth is curpeted with snow and rivers are turned into roads, your first sensation 18 that you havo been surrounded by a tribe of Ksquimaux and are im. mediately to be spirited away to sume Polar hiding place. They turn out, howover, to be only the mevit- able hackmen, covered trom bead to foot with heavy furs, Nor are they oflensively obtrusive, As you drive botelward you observe that everybody of both gexos and all ages 18 sin.ilarly encased, but in styles that correspond with the wealth or poverty of the wearer, Strong shoes, sometimes moccasins or boots pf undressed skin, show the good semso of the people In protecting their feet, whiie the geotler sex, in a manner at once artless and reiresbing, exbibit their disdain of fashionable outlines vy allowing their skirts garments will permit. At the hotel, where an oppor- tunity ts afforded of seeing tho geutlemen disrobed, you are amazed at the magnificent physiques of tho Breater proportion of them—the towering, broad- sboulderod frames and maszive figures that seem to have been built to conquer thé rugged soil. As a class the Canadian men are TYPRS OF MANLY DRAUTY, Their House of Purjjament presents in this respect ‘B picture that has not its duplicate in any legislature in the United States, Listen to them,and you will find that | they area nation of baritones, witb such deep chested, Donest voices, that it is not a matier for wonder that there is stirring mucic tn the ring of an Evglish cheer, Bocially, too, their warmth does not belie the great- mess of their bodies, With a proper letter of cre- entials few hours will be allowed to pass before tho Biranger will be placed en rapport with the best gentle. men 1n the land, be billoted at the clubs, and every- where received with a welcome of the gopuineness of which he cannot feel a doubt. Unbroken courtesy, the perfeetion of yood breeding, cleuniiness in speech— 1 bave not heurd un oath, an obscene remark or au Bugry expression during my stay—ihese aro some of the characterisiies 0: the Ganainn tuoroughbreds, And at the bead uf them uil stands twat exemplar and Tepresentative of Cavadian worth, who unites in his person all the graces of social and intellectual lite, und to whom the people of Ottawa are indebted tor anuch of their winter and summer pleasures— Lord Dufferin, Again, the people are honest. ln 4 population of about 36,000 the jour- nals of the city frurely have occasion io record atheft. Hotel rooms are unlocked, coats and ackages are left ‘lying around loose,” and even um- rellas are sacred. Can virtue be more supreme? Most oft the gentlemen smoke pipes, even on the street, ultuough few chew tobacco, and a cuspador or #pittoon 1s 0 ray Almost every one lights a match by scraping it with a nervous jerk on the seat of his breeches, which would seem to imply in Canada that Where is always a fire in the rear, A’ a general thing TUR LADIES do not appear as handsome in physique as the other Box, being flat-chested and varrow snouldered, albeit their ruddy faces tell of excellent health. Like the gentlemen they are great pedestrians, knocking off four or five miles aday for exercise, and upparently are hever more vagor fora tramp than when the suow $s fliling the air with its feathery crystals; but, then, ?bey are prepared for it with a sense and tuorougbness Pout would put our Yankeo damsels to the blush, See them in a sleigh dashing through the streets, und there are times when, under their cosey fur bats, which are like those of the men, you can scarcely detect their gender. Notwithstanding the extreme cold of the climate the houses, being built solidly, are kept warm. ‘The w: dows are double, and in the hotei the premi-es are heated by steam. Before leaving this branch of the subject it 1s worth recording here that such was U: ada’s sympathy with the North during tne late war that belore its close 23,000 of her sous enlisted in the Northern armies, and many laid down their lives in defence of the flaguf the Union. And now a word about ‘THY orry. Ottawa was selected ns the seat of government by the Queen in 1852, and there is much to commend in the choice. The position is remote from the American frontier, and it is picturesquely situated on one of the great waterways of the country which forms a divid- jog line between the provinces of Quebec and Untario, Jt 18 also an important strategic position, and one of great strengta and security in case of invasion, Uri; pully Ottawa was Known as Bytown, and the tul- lowing somewhat romuntic jucts attach ty its history, About the close of the lust century a Mr. Wright, of Boston, baving obtamed Ube grant ot a large tract of lund on both sides o1 the river, below the Chaudicre Falls, and deciding that ino south sido was unfit tor settlement, xed upon what is now called Huli as the site of a village, which from the pine tumber touted by bim down to Quebuc and Moutreal soon became the nucleus of a lumbering population, As cash was scarce wages were paid in either goods, rum or land, In course of ume, having to settic with bis teamster, named Sparks, for some $200 due to him, he prevailed on hiw, atier much grumbling, to ‘take the hillson the gouthern sido (now Ottawa) in payment, throwing in, in the bur- gain, ayoke of oxen Yeurs alterwurd the Canadian Authorives, wisbing to fiud a channel in the interior for the conveyauce of the munitions of war vo the upper lukes, as the St Lawrence was lwo much exposed to the avsauls of the Americans, inaugurated the Scheme of the Rideau Cu Mr. Sparks one day in 1823 Was Much surprised at seeing a crowd of engineer officers and soldiers advancing to these sandy blatls aud taking possession of Liem as the orunance pro- | roo of the British Crown, under an otlicer pumed By, he work progressed, and 48 the necessary shops aud Bbanties Were erdcted on either side tho hills they were called by way of joke Upper and Lower Town. Finally a bridge was thrown across ibe iall, connect ing Huil, or Wrightstown, wih Bytown, aod as tue Jatiet slowly grew tbe other remained stationary, Mo- ney flowedio on Mr. arks, He sold juts, and was eventually reputed tu be worth ball a million of doliars, Eveowualiy LONG-DESPLIED ILLS were decided upon by the Queen, as above stated, as the the proper puint to sustain the Varliament of the British Dominion. Sparks sireot, named alter we founder, ts now one Of the principal streets of the The city 18 126 miles trom Montreal, aud three districts--Lower Town, Contra Yown and Upper Town, The streets are wide and reguluriy Inid out. In the Jower portions of the city, Huil, and in fact Wherever the poorer Classes reside as a commauly, the bniidings are of wood and execed- tnely bumble iu their appearan notwithstand. | fing the excellence of a Fire tmen, modeled atier that of which New York 1s so justly proud, if tire uid wind should at any Utne become copariners in the work of destruction ouly ashes woula mark the Hite of these now unassuming homes, The central portion of the city Is more selidly buil, Many of the stores exhibit laste in their architecture; numbers of the private dwellings are artisucully conbirucved and are surrounded by spacious grounds, and the general aspect 13 OLe Of comlort—ot a sellesatisiied air, Which means a fair income, debts patd and a good business in hand. ™ SOME OF THE neavrins, : The River Ottawa, alter which tho city 18 called, takes 118 rise near the he'gbt of land south of Hudson's Kay and joins te St. Lawrence close to the eity of Montreal, draining, during tte course of 750 inves, an arcu of 80,000 square indies, Of Which territory Ouawa ig the commercial centre. Probably no eity ou the COOLNENL poxsosses greater advantages or has been qure Ulessed by accident than this same beauti(al lit. tie capital of the Dominion. Chief among its attrac- tions ure the govermment buildings; but do not pro- pose to touch upon these in this letter, 1 prefer to dwell upou some portions of the magnificent scenery which the eye commands as {t covers the broad view that 18 to be had from the bill whieh 1 the site of tho forms a picturesque object from every approach to the city. 2 Standing here the eye rests im the distance on a range which iskuown as the “iron Mountains of Hull ‘The iron quarried 1s said to yield upward of eighty per cemt, und to give out steel hardiy inferior 10 the best swedish, These mountains are believed to be tn- exbaustible, Turning to the left, and only a few bun- dred yards distant, are THM CHACDIERE FALLS. The Canadians clam—and they ought to know—that these are second only to Niagara iv their extent and in the height of the jeage of rock over which they tall. The scenery around them is certainly more varied, and in sutomer, with the advantage of foliage, they ranst be at least 'equaliy attractive, Literally lated the word chauditre meuns kettle,” the chasm into which the waters of Ottowa discharge themselves is not unlike a kettie in shape, while the seething and [rothing of the suriace to its coptioual whirl asst in compl ing the resemblance, The river at the Falis is about 500 yards in width, the ledge of rocks which causes the fail ranning in a very irregular fasbion across the whole stream and toward the Upper Canada side, reaching for several hundred yards in a horseshoe form. Over this ledge, particularly im spring, as | am told, when the river is full, the dark wat of the Ottawa descend with a roar like that distant thunder, audible on a clear, still night for many a long mile, ‘The air ts filled with a Que spray, aud here as at Niagara, when the sun shines vrightly out, the great kettlo is spanned across with the vivid arch of the rainbow tn ail ita glorious tints. Of the manner in which this body of waver ts utilized for the vast timber interests of the loculity 1 may write bereafier, RIDKAU FALLS AND CANAL. On the exireme right of th w, whore the waters of the Rideau join the Ottawa, is the double Rideau or “Curtain” Falls, trom which the river takes ite nae, They are hot as grand as the other, but are Just as graceful! and are well worthy of a visit even im winter, Several milig are in operation in this vicinity, ond the water power is of great importance, 11 is the lumber trade of Ottawa which gives to the city its Kreat commercial importance. The babits of the jum- bermen and rafisinen bear @ strong resemblance to that of the voyageurs of the Northwost, Another picturesque object of view is the Rideau Canal with its succession of locks, a sort of aquatic step ladder, butit by military engineers and a model of ongiveering skill, This passes througu the heart of the city and is spanned by two handsome stone bridges, one of which is named ulier Lord Dufferin, Then there isa park located on a sister biuf to that on which stand the Parliament buildings, and I can well fancy the boauty of tbe spol when summer brings its counterpane ol green, ow itis hidden beneath the SuOW und 18 unattractive. ‘THE MUNICIPALITY. For muuicipal purposes Ottawa is diviced into five Wards, such uf Which returns three members to a Board of Aldermeo by whom the Ananctal and otner matters of the city are controlled, ‘Ten years ago the capital was little more than a country town, Fifty yeurs ago it wag an unbroken forest, Within adecado there have been built elegant churches, public schools und asylums; there bh: beon established the most perfect system of water works in Canada; a fire de- partment oxists second to uune in the Dominiwn, and tho prosperity of the city t# cn such a basis that 18 bonds hold a first place in the list of Canadian secari- There are many other things to be written about Ottuwa, but us they require more space for de- tail than can be afforded now relerence to them must be reserved for another letter. DOMINION RIFLE ASSOCIATION, Orrawa, Ont, March 1, 1877. At the Dominion Rifle Association anuual meeting, yesterday, the report read shows that $14,000 were ex- pended iu rifle competition during the year. Twonty- | seven associations alflmted during the year, ‘the | President reada letter (rom Lord Wharuolille, accepting | the Dominion Challenge Trophy, presented by tho as- | Bociation to the National Rille Asociation. The Do- +} Minion government will give gold medals wo the menm- to hang as near a perpendicular as the texture of the’| ny Lab} bers of the Kolapore team of 1877. ‘Ihe election of ofl cors was held and the meeting adjourned fora week to allow the cominittce time to revise the rules, THE NOVA SCOTIA GREAT SEAL, 2 Hauirax, March 1, 1877. In the Assembly Ja’ night the Provincial Secretary submitted the correspondence relative to the great | seal of tho Province, It appears that when the royal warrants were received by the Dowinton government | In 1869 Sir John Macdonald, Minister of Justice, made a report to the effect that they were not tn harmony with the British North American act, aud waintained that the right to change the seal belonged to the Jocul au- thorities, This was forwarded to the imperial! authori- tes, Some correspondence took place on the subject, bat #0 far us the correspondence now submitted shows, no foal decision was cowe to. When the Noya Scotia government received the warrant they adopted a minute, which Sir Hastings Doyle, thon Lieutenant Gov- ernor, forwarded to the Dominion goverument for transmission to Downing sireot, praying that no Change be made in the seal of Nova Scoua. ‘Tho re- ceipt of this minute was acknowledged by Mr. Howo, Secretary of State, with the usual lutimation tat it would be transmitted to England. No turtber in- structions from the imperial authorities bavicg been eived and no demand having been made tor the delivery of the old seal us required by the royal warraut, the Nova Scotia government nvw con- tend that the Imperial government allowed the matter to remain in abeyance, aod assented to the wish of Nova Scotia; consequently the new seal was not pro- claimed or used. STRIKE OF STONECUTTERS, Monrreat, March 1, 187%. The stonecutters and masons employed on section four of the Lachine Canal struck to-day for bigher wages, Thoy want $3 pec day. CHARLES GREEN’S WIFE, 18 COMMITTED FOR RECEIVING GOODS STOLEN AND STORED IN HER HOUSE, Abont half-past two yesterday afternoon a Inrge truck containing the stolen goods recovered by Captain McCallagh and Officers Robinson aud Bissert, ot the Seventeenth precivct, at No. 23 Eldridge street on last Tuesdsy night, wos driven to Essex Market Court, The arrival of the truck was sbortly followod by the arrival of the Captain aud his officers and ten or twelve gentlemen, who had identified portions of che property 1n the station house and wero anxious to make com- plaints against Mrs. Lily Green, the prisoner, Four ot these complaints were received yesterday afternoon— one from Mr. James H. Leeds, of the firm of James H. Leeds & Co., of Nos, 283 and 235 Front street, from whose place thirteen tubs of butter were stolen on the 24th of February, seven of which were found in the house in Eldridge street on Tuesday night; one from Thomas H. Owens, of the firm of Sandlord, Osden & Co., of No. 48 Warren stroot, who testited that on the 20th of January a showcase in front of their store was broken open and a quantity of valu- able whips were carried away (this gentleman iden- ufled a bunch of twenty-six whips, valued at $100, found in the house In Eldridge street, aga part of tho Property stolen on that occasion); one trom Ernest Thilterwell, with the firm of James Buber & Co., of No. 172 William street, who identified one dozeo morocco skins, two calf kids and twelve great gross ol bronze buttons that belonged to the firm and were stolen from an express wagou on the 20th of January; aud one from William Naas, of the firm of William Naas & Co., Nos, 64 and 66 Lispenard street, who iden- Milled thirty-six dozen of vegetable ivory necklaces, stolen trom one of their express wagous on 16 way from their manufuctory in Brooklyn to their warerooms in New York on the ist of Japuary. Besides these complainta taken, Lows Noise, of No, 263 Bowery, identivied ergbe billiard bw that ‘werd taken trom his place three weeks ago, William A. Ranson, ot No. Broadway, wentitied ove pric of boots as his property, aud representatives irom whe firm of Kyans, Peake & Co., of Nos. 330 and 882 Broadway, identitivd two pieces of black silk, eleven packages of kid gloves, twelve dozen of linen handkerchiels and cight pieces of black guipure lat bat they were unuble to swear whether the goods were bought or stolen from their house, Mr, Howe, of counsel for the prisoner, said that ho would not go into any examination on these com- plaints, but be would ask tuat this Court mako the SHE ul =oas §«light as possible, as his client was 4 married woman and not strong. Counsel ulso directed bis client to auswer to tho formal question, Are you guilty or not guilty?” thas:—"l am a married woman and the house 18 under the control of my busband, and I have no con- trol of unything in it. 1 aim not guilty of the charge, Judge Wandell beid Mrs. Lily Green, the wile of Charles Green, for whom the police ‘are anxiously Jooking, in $2,000 bail to answer on each of the four diflerent compiuiut 4Y OKDERS. FORGED MONE Yesterday afternoon John Dolan, the young man who wag arrested in Brooklyn on the charge of forging the name of John Dowling tw two Post Oitice money orders payable at the Brooklyn Post Office, was again brought up lor examination beiore United Statice Commissioner Winslow. Mr. Ha.rison, Special Agent in the Post Office Money Order Depart- ment, was the tirst wiiness called, and expluined the working system of the department, Mr. John Dowling, of No. 265 Wyckoll stroct, was next examined, testified that his brother, living near River Louison, bad seut him a letter mformiog bind that he bad seat him two money orders for $54 60. When be called at the Brooklyn Post Ofice he tound out that the money bad been drawn, When shown the receipts to which bis name was signed he de- houneed tho signatures as forgeries, The case was then adjourned til Saturday morning next. Yesterday forenoon Judge Pratt, of tho Supremo Court, Kings county, granted an application for the appomtment of @ receiver of the American Exotic and Bown ie Garden Company, of Flatbush, The applica. tion was made by connsel on benall ot Messrs, Kelsey & Loughtin, who claim tho amount ot $2,000 for coal furnistied the company. Tho Court fixed Monday Partament edifices. This rises almost perpendiculariy Grom tue river about 200 fvct, aud the group of bulidings next for settling the ofuer, to give an opportunity tor equitable settiouout, * 3 TUE RESULTS OF THE ARCTIC EXPEDITION OF 1875-76, In spite of steam, as far as the attainment by means of slips of the highest latitudes is concerned, we seem to have arrived almost at the utmost verge of what is attainable in Polar expeditions, and even ex- traordinary results, such as those obtained by the ex- peditions of Hall and Nares, indicate no more than the possibility of cverstepping the limit already reached under the most favorable cireumstancea, East Greenland is considered tuaccessible in higher Intitudes than 733 deg. to 75 deg. north, The small cx- tent of coast water there and a strong counter current charged with pack ice at the time of the two German Polar expeditions prevented them from penetrating further north, In the north of Spitzbergen and tm tho Bebring Straits, close upon tilty expeditions, and tp. numerable whale fisher: besides some torty expe- ditions on their waygto the Northeast Passage, have been arrested in their progross by the imperative non plus ultra through the masses of ice, Everywhere the insufticiency of the time disposable for nay gation ren- dered it impossible to cope with thé great extent of way, barred, as it is, by insuperable obstacles, The way by Smith Sound, so strongly recommended by all Polar navigators asthe best for reaching the Pole, has proved delusive, leading, as {t does, into a region of pack ica, Although the region of pack ice may be considered as liable to change as any other part of the frozen soa, the possivility of its breaking up from time to time in- creases our chance of arriving at the North Pole only iu theory. In reality a verse! going repeatedly by way of Smith Sound, apary from the extraordinary dungers and catastrophes to which tt would be exposed, would experience something like the following:—The year 1875 was, generally speaking, avery favorable one for navigating in Smith Sound, and for this reason the expedition conducted by Captain Nares must have been ail the moro astonished to find such extensive masses of puck ice in the north of Grant Lund. It may, however, and will happen, that ddring some future favorable summer, and also during an uofavorable ice year, 16 may break up to such an extent as to render navigation practicable. In that case a vessel woud tind, perhaps further south, thick wasses of impenetrable ice. But even if the navigation of Smih Sound und the breaking up of the tee were lo happen simullaueously, the certainty or even the probability of our reaching the Norih Pole by no means follows us a watter of course; for to get as far north as $2 or 83 degrees exhausts, as all ex- perience shows, the whole of the time availavle for havigation, and in itsell presupposes a concurrence of the most favorable conditions. A ship that reacnes 82 degrees iu the beginning of autamu has risked as much abit dare. 1t must seek and coufine Itseli to upen water, the anxieties of wintering outweighing, of course, every other consideration, But a stip that has been favored by circumstances up to that time, penetrating into the Lincoln Sea, which, though filled with ice, 18 still navigable, would, as the season advanced, either be icebound—the most likely thing that could happen to it—or, if land exists lurther orth, pass the winter under 83 or 84 degrees of lau- tude. Will the unprecedently favorable circumstances in respect to the ice occur again in the following year, and permit the vessel that bas forced its way so tar other to push forward to the Pole, or to tura back? Ist likely that there will be a repetition of these extremely favorable circumstances lor two, threo or lour years, or only after so and 80 many decenna- ries? The answer to these questions is also the auswer as to the possibility or impossibility of reach- ing the North Pole, They are questions that dely all criticism, and are beyond the sphere of ex reuce, for reason and conjecture are alike unable to sulve them. I this be, as 1 suppose, the true ‘meaning of the two words, “Pole inpracticable,”? then 1am of precisely the same opinion as Captain Nares, Although we are not justilied tn asserting that the attainment of the Pole 14 “unpracticable,” we may Togard ib as and exciude it trom our Arctic oxplorae tons, until, instead of employtug tue fragile vexsel with which we unavigate the seas, we are avle to steer through tie arto the hitherto auattaimable object of our desires, But, apart from the comparative fallure of tho Eughsh expedition to the Nort Pole, geographical exploration ought not ulwaysto be regarded as (he paramount object of a Polar expedition. It should give plnce, jor some time to como, to tho exploration of objects ot natural history. Lieutenaut Weyprecht expresses himself sirougly in Javor of this view, He also expresses the wish thas ail civil- wed navions would unite thetr otlorts in favor of simul- tuneous Arctic expeditivns tor the advancement of magncusm, vlectricity aud meteorology, What 18 wanted, in order to obtain valuable scientific results, ig 4 series Of simultaneous expeditions distributed over Various points of the Arctic region, whose object should be to take annually simultaneous observations with the sume kind of instruments. Incidental to the return of tho English Polar Expe- dition, we bave seen that the phautom of an open Polar sea, although combated for centuries, has still many aduerents, so that | consider the expedition performed an andoubtedly uselul work when it furnisbed us with additional reasous {or rejecting this theory. Hivherto we have been as little able to prove the existence or non- existence of an open Polur sea by direst und actual discovery as to show the practicability of reaching the North Pole, Questionable oa scientific grounds, it has also been contradicted by experience, not merely since the return of the English expedition, but since the time of Hudson and Buailin, Nevertheless, this chi- mera has shown itselt to be incapable of eradication, because its udheropts, in the face of u hundred sigua to the contrary, have always been avie to trausfer the arena of dispute to a spot Where no mau has ever you beeo—viz, to the North Pole, Apart {rom the discoveries it made, and the contro- Versies it has raised, the expedition presents us with many interesting details, among which'we may men- tion the sporadical appearance of unimal lite observed iu the extreme north, a phenomenon aqually observed by Kane, Hayes and Hall in the south of Smith Sound, Kane and Nares found very litte of avimal life in the places where they wintered, but Stephenson, Hayes and Hall found comparatively great abundance, With reierence to the extreme horth, the Discovery ap- pears in fact to vave wintered in asort of eurthly para- dine, for While its crew killed oy jess than fifly-iour head of musk oxen in the course of the yeur, tho Alert obtained only six. Nevertheless, Grant Land seems to Le much more prohiic iu and auimuls than Franz-Josef Land, inasmach as: in the latter, with tho exeeption of traces of foxes aud hures, there was spparently an utter absence of jand animals, The ice bears, which were found in great numbers, had there, as every where else, the adjacent Polar Sea as their pe- cular home. The lack of animal lite generully in the vicinity of the Alert shows that closely adjucent pack ice, und the consequent absence of open water, 18 condition of lile for birds, seais and bears, ‘The expedition discovered no tand lying toward the north, and repudiates the existence of President's Laud, which the Halifax expedition imagived it had discovered, In fuct it Irequently buppens in the Arctic region that the vapory masses which collect at tho horizon countertoit the forms of distant elevated ob- Jects, because the inconsiderable height to which they bie to rise in the cold atmosphere louds as! ness to their outhoes, The Americun expedition may have been deceived by this condition of the atmosphere, Op the other band, the too frequent occurrence of low Vapory masses the Polur region is often the Feuson why land close at hand, orooly at a short dive tance, is often hiidea from our view. Probubly this may have boen the case on the occasion of Beaumont’s Greenland sledge expedition, xo that Greeuiand, on the other @ide of Cape Britannia, In the seuse of Peter- mann's hypothesis, siretches slill turther ward the serts that long journeys over pack ice with Mnpracticable, and he is perlectly right Markbam’s unprottable’ attempt to reach the North Vole over pack ice is similar to the endeavors of tho Austro-Hungarian Expedition to force their way south from Franz-Joset Land with heavy sledges and boats, when, it bad got been for the navigable chann which enabied them to make their escape, they must inevitably have perished. Similar marches were ut- tempted by Parry and Nordenskjold, trom Spitabergen norihward, and were equally uosu siul, Tho further the expedition went northward the larger they found the ite floes, uutil ut Jast they ar- rived at a region where they are stated to bave been from 60 to 120 teet thick, This statement hus been erroneously interpreted, Nares makes no such state- ment respecting ice that has boen regulary formed; he states rather that the maximum thickness of the ice formed by one season's undisturbed and continu. ous froat, according to observations made in winter quarters, Was about six fect in thickness, This coin. cides with observations made in other parts of the Volar Sea, according to which we may assume the mean thickness of ice of progressive formation to be Irom seven to eight feet. ‘That there is everywhere a limit to the forma. of ice, and Do sea in Which Its thickness increnses ad (hrs limit, 18 a fact that bas been known since the beginuing of the present century, J. Ross found regularly formed ice in the Boothia Gall, 10 feet thick; Varry, on Melville Island, 744 1cet; Wrangel, in the Siverian Polar Soa, 9 feet; Koidewey, im Kast Groen- jand, 6'y leet, Hayes states chut the thickness of the ico in Port Foulke is 9 feet 2 inches; im Smith Sound he esiumates it much higher; but he hmits it, never Useless, for ho says he has never seen a suriuce of ive formed by direct frost that exceeded a depth of 18 ject. ‘The redson why ie does not increase im thickness ad infinitum isvery simple, aud easily explained. The intensity of the ice forming power 18 in an inverse Tato to the progressive thickuess of the mass, and Une force ceases (0 operate as soon as the thickuess of the ico 18 such as to render it 4 pon-conductor of the Wemperature of the air, ‘Tho multiplication of the eev- eral layers, added to the increasing quantity of snow falling on its surlace, sets a init to the penetration of the cold. It ice regulurly formed suffered ao aisturb- ance until it bad attuined {ts maximum thickness, we should tind itol nearly the same moderate bulk every- where in the Polar Sea Thig, however, 18 not tue case, for while regularly formed’ ice 18 only of moderate u magnitude, we lind ice-felds of ‘very unequal thickne: in various parts of the Polar sea, They are the result of the various sdditions wey have received from time to tine, botlf on the saflace and underneath, trom pressure, and are distinguished by the term “old ice.’ Lt tole lows, therefore, that oid ico will be found more ex. pecially on coasts which by their configuration offer Ube greatest resistance to the floating masses, 80 as to arrest their progress, and where there is consequently the greatest press ‘This appears vo be the case to a very great extent in the Lincoln Sea, and hence the thickness, 50 to 120 feet, which the expedition is said to havo observed there, Those figures reprosent tho total thickness of tho floe, irrespective of the ham. mocks, and seeing that similar phenomena have beon observed in other parts of the Polar Sea the discovery {anota pew one. The ice we met with in the two German Polar expeditions, on the east coast of Gree: land, 19 1869-70, Fose (we speak of the altitude of the bummocks) to trom forty to eighty feet above the level ofthe sed Ti6 total thicka: therefore, could nos Lave been less than that of the Lincoln Sea. Tho English Expedition has introduced a new term, “floeberg,"’ to distinguish different kinds of ice torma- Mons. At first L imagined this term was employed to designate one of those mountain masses, formed by immense pressure, of smail ai bat considerable height, which look like a chaoise mass formed of broken fragments, until L received a copy of the /Uus trated Li m News, wnd found there a number of sketcues of ice formations, furnished by ope of the members of the expedition. I have never seen sketches of every kind of Polar ice that were more true to nature. “Among them was a masterpiece, rep- Fesenting an iceberg divided into two parts, and to my surprise | saw written underneath the word **floo- berg.’ If all the “floebergs”” which the expedition saw north of Cape Union were ice formations of the same kind they were not ‘tloebergs” which they saw, but icebergs leebergs, as a rule, kre not so steep and craggy by lar as (bey are generally supposed to be; on the contrary, they present, for the most part, uo dis- tinguishing feature beyond that of a confused woun- taia masa. Their characteristic toature is not that of any particular height, icebergs being genorall: Mhirty Lo Gfty fem above the surtace of the water, but they are of simple contour, and are different irom foe ice, both 10 color and structure, Icebergs of this kind, of moderate height and simple construction, covered with snow, are difficult to distinguish trom ao-caled ‘floebergs.’? It was smail icebergs, therefure, that the expedition saw north of Cape Union, the offspring of small glaciers, such as are scen on the neighboring cousts, ‘his conclusion, however, i based upon the presumed correctness of the sketches, ‘The expeaition, | see, suffered rom scurvy, notwith- Standing it wax doubtless provided with every remoay @galust it that modern science could suggest, The necessarily restricted space at my commaud will not adinit of my going into the abject at any great length, nd besides it 18 hardly necessary, seeing that | have entered into 1 fully in my book. 1 would here ovserve, however, that all the remodies hitherto employed are unavailing tu the absence of fresh meat. Lemon juice, Faw polutoes, tart fruit (not mineral acigs), ‘tresh Vegetables, wine, barm, exercise in the open a and cheerfulvess, however valuable they may be us proventives of scurvy, in the high north they weigh altogether as nothing ip the scale against fresh meat. 1 could cite numberless instances that occurred in the course of my experience of Polar ex- peditions, in which all the so-valied remedies wera totaily veglected, aud scurvy outirely prevented by the use of iresh meat. ‘The reason why scurvy broke out so formidably in the expedition of Captain Nares is not far to sevk, It arose partly from the want of fresh meat, and partly from tho extraoratnary exertions attendant upon sledge journeys of such long duration. The Alert and the Discovery passed the winter under favorable circumstances, Spring set ip, and with it the tame when scurvy usually makes 1 appearance, In con- sequence Of insulliciont nourishinent with iresh meat the crows of both ships, but capecially thatofthe Alert, were weakened, ang rendered less advo than they other- wiso would have been to resist the inroads of scurvy, and in this condition they entered upon their “siedge journeys, During the several mouths which these journeys lasted other influences were at work which fncreased their saceptibitity to seurvy— witht of iresh moat, insuficient means of satstying hunger and thirst—because in sledye Journeys it is im possible to take much Inggaze—tmmense bodily exer- lion, more or less disturbed and in-uflicient sleep, mental depression, urising from the not over brisht Prospect of @ satisinctory result, at Lrst intense cold, then continual wet, indequate ‘covering for feet, &c Under these circumstances itis no wonder that they were nearly all worn out avd that so many died. La the absence of iresh meat tho sledge excursionists will probably have fod upon pemmican, which tn itself tg not so bad, but if it was as falas it generaily is, Leing often too frequently eaten it would cause indi- gestion, induce thirst and bring on diarrhea. tn reference to the last Polar Expedition, the question forces Iteulf upou us as the probability of a renewal of such undertakings in the tuture, However des.ratle it may be to undertake a Polar expedition, in the senso recommended by Licutenaat Weyprecht, an absolute cessation of them, for geographical purposes more or trom f Joss, is not to bo expected, for it appoars that the Ainericans contemplate seuding one out at no distant period, In preparing tof such an expeaition there will nnquestionably bo a renewal of the coutroversy as to which 13 the most suitable route to take in ordor to penetrate into the muer and sull unknown region of the North Polo, just as it was onco debated whether this probleia could bo best solved by taking the northwest or the northeast passage, We shall be under the necessity, then, of falling back ou Petermann’s proposition, to proceed either east or west {rom Spitzbergeu, and’ renew the track of the Greenland, the Germania, the Isbjorn, and the logett- hoft, The Spitzbergen route, rt ts trae, may not aftord the advantage of coast walter, but it’ might perhaps jead to 4 repetition of the fate and results of the Tegettbom, JULIUS PAYER, SHAKESPEARE'S SCENE PAINTING. LECTURE BY THE REV. JOHN WEI8S—THE GROWTH OF THE SENIMENT OF NATURE IN IATERATURE, A very interesting lecture, the first of a course of five, was dolivered yesterday allernoon by the Rev, John Weiss, of Boston, in the parlor of the American Geographical Society, No, 11 West Twenty-ninth street, The subject chosen was ‘Landscape in Shakespeare,”? The parlors were well filled with ladies, and precisely at three o’clock the lecturer stepped on the platform, He said:— Shakespeare never depicted a landscape—he always impijed it, Thesentiment of nature 1 the product of modern thought and feeling, The ancient Greek dramatic poets, Sopnocies and Euripides, never even implied a landscape. Euripides, indeed, depicted a landscape in a very curt shape, but he is the only in- stance in all the Groek dramas of a reference to nature’s scenery. in the present century the drama, and indeed all Iitorature, is full of deserip- tions of nature and natural ovjevts and scenery, Shakespeare occupies a middie ground between the ancieut Greek and the modern drama, He anticipates modern methods, generally leaving the character of the juan or Woman {n_ nis plays to linply the landscape. In ‘Measure for Measuro’’ the story of Mariaua’s deseruvn is told by the Duke, and Muriana’s lonel: hess by the muated grange is indicated by a sentence or two and the rest is lett to the reader, who will inevitably follow out the thought Teunyson takes a whole poem to tell what Shakespeare told in two sentences, lu the “Tempest” Prospero’s address to nature is in jon, but it may be seen that nature tg individ d but Hover personiticd by Shakespeare. The Greek (ancy pretended that an epithet ts an indi. vidual. Shakespeare never does so, ihe speech of Ariel in the “Tempest” admirably expresses the differ- ence between the ancicut und modern sentiment of nature, Compare op this point shakespeare and the ancient poeis with Schiller in fis ‘Marie Stuart,’? where clouds and sky are addressed as human beings, la “King Lear’ there is a speech which seems to encourage the midnight storm, beginning, “Biow winds aud crack your cheeks,” but be expressly dis- claims avy notion of attributing any human sentiment to them, {ut just following that speech Shakespesre does anticipate modern feeling and, tor once, attribute human teelings to the elements. There is scarcely another instance, except the song in ‘As You Like 1t,”’ “Blow, Blow Thou Winter Wind;”’ bat modern poetry i full of such unsuspected waste of the imag- Ination. Here the lecturer read, as a specimen, Robert Browning's poem, “Under the Chit,” and remarked It took 4,000 years to write that poem, At any other period than the present it would have been an impos- sibility, Illustrations of the same character wero drawn from many of the other plays and poems of kespeure, Sbhakespeare’s tecling tor flowers is an exception, That runs through ali ois plays, and ta speaking on this point the tecturer alluded 10 the ideal distribution of ideal flowers vy Ophelia, and said that Opbeiia ought not to have any real flowers in ber hund, as the whole passage and thought was purely ideal. Frequently through the lecture Mr, Weiss read and recited with considerable effect passages in support of his positiua taken from the dillerent plays and poems of Shakespeare, for his remarks were not contined to the plays alone, but included the poems as well, ‘The next lecture will be given at the same place to- morrow afternoon, the subject being “Antony and Cleopatra,” SHALL THE OWNERS OF DOGS BE OBLIGED TO PAY A LICENSE FOR THEM? Tho Aldermen yesterday took up the dog question, The Spitz breed was oot particularly mentioned, Alterman Cowing presented an ordinance which reads as follows ;— Whereas many of our citizens are complaining throuxh the pross and otherwise that our public streets and aven have become infested with dogs Ku as to make it danuerous for pedestrians to frequent them, andewhereas there ts 10 more reson why dogs should Le allowed to run at large tan cattle, Zoaus and swine, aud whereas it is neither use Jub nor ornamental to lave dur streets und avenues swarm: ing With dows; now, therefore, be it Resolved at datiet, That the owner of every dog, Within thirty days trom the passage of this ordinance, pay into the city treasury, tirough the Permit Bureau ‘von- nected with the Mayor's office, «tax of $5, for which a IL cense shail be issued for one year ‘That the owner of every | dog whieh is xiiowed to run at large.in our streets and ave- provide and © a murgle to be pluced on each uues « 80 al all be attached ® nse and the date wod ty run at large, to wien vouring : shee of said I piration thervel, which tag shall be renewed wit ¥ yearly renewal of ‘the livense. That the Mayor is ‘by directed to have every dog found runing wt large on the streets and Avenues without a muszle, collar and earing dute of an expired iieense, cap Land destroyed. Alderman Lewis—This ordinance, as far as the $5 ts Concerned, mukes an invidious distinction beiween rich abd poor dogs The former could run at large as tnuch as they pleased, while the poorer speci mens would be destroyed, Alderman Cowing denied the distinction. He con. fended that the ordinance meant to control ail dogs who disoveyed the laws of their country. alderman Morris—i move the matier be referred to the Rarlroad Cominittee, Alderman Cowing-—l would like to know what the Railroad Commitice bus to do with doga t ‘The matter was tinaliy disposed of by being referred for cousiderath n to the Law Committee, ANOTHER RANID SIITA GONE, Michaol Banon, of No. 120 Cherry street, was bitten in the leg yesterday while playing at the corner of Movroe and Clinton streets, by a spitz dog. Av alarm was at once given and thé animal, which was sup. ponod to be rabid, was killed by Oflicer Nugent, of the Seventh precinct. NEW YORK HERALD, FRIDAY, MARCH 2, 1877~TRIPLE SHEET, ‘powers of the Text of the Decision in the United States Supreme Court. STATE RIGHTS CONFIRMED, Freight and Passenger Railroad Rates To Be Regulated by State Legislatures, Wasmixerox, March 1, 1877, The Supremo Court of the United States, to-day, de- cided the so-called granger cases, the iret one being that of Ira Y. Munn and George L. Scott, plaintiils in error, vs. The People of the State of Illinois, in error to the Supreme Court of the State of Lliinois. dir. Justice Waite delivered she opinion of the Court, The question to be determined in this case is whether the General Assembly of Illinois can, under the limitations upon the legislative power of the States imposed by the constitatton of the United States, fx by law the maximum of charges for the storage of grain jn warehouses im Chicago and other Places in the State having not less than 100,000 inbabitants, in which grain {s stored in bulk, and in which the grain of different owners 18 mixed together, or in which grain 18 stored in such a manner that the ident ity of the different lots or parcels cannot be accu- rately preserved, It is claimed that such a law is re- pugnant— First—To that part of section etght, article one, of the constitution of the Uuited States which conters upon Congress the power ‘to rezulate commerce with foreign nations and among the several States” Second—To that part of section nine of the same article, which provides that ‘no preference shall be iven by any regulation of commerce or revenue to the ports of one State over those of another," Third—To that part of the fourteenth amendment which ordains that no State shall “doprive any person ol lite, liberty or property without due process of law; nor deny to uby person within its jurisdiction the equal Protection of the laws,?? Ps We will consider the last of these objections first. Every statute is presumod to be constitutional The courts ought not to declare one to be unconstitutional unless it 18 clearly #0, If there 1s doubt tho expres: willot the Legislature should be sustained, stitution contains no detinition of the word ¢ 4s used 1D (ho fourteenth amendment, THM KPYBCT OF USAGK. To determine its signification, tnerclore, it 1s neces. sary lo ascertain the elfvct which usage bas given It when employed in the game or a like connection, Whilo this provision of the amenumeut 1s new in the constitution of the United States as a limitation upon the powers of the States, It 18 old as a principle of civ iuzed government, Iv 18 found tn Magna Chart and, 10 substance, it not in furm, 1m nearly or quite ail Whe constitutions that have’ been “irom ume to time adopted by (tho several States of the Unino, By the ith amendment it was introduced into the con- stiiution of the United States Hmitation upon the powers of the national goverament, and by tue tuar- teenth us a guaranty against any encroachment upow an acknowledged rivht of citizenship by the legislatures of the States,” When the peopie of the United Colonies. separated trom Great Britain, they changed the form but uot the substance of their government. They re- tained for the parposes of government all’ the British Parhament, and through their State constitutions or ott forms of social compact, undertook to give practical eflect to sucn as they deemed necessary tor ihe common good and the security of lite and property, All tue powers which they retained they committed wo their respective States, unless {o express terma or by implication Fo- served to themselves — Subsequently, woen it was fonud necessary to establish a national government leprive' for national ” purposes, a part of the powers of the States and ‘of the peoples of tt Blates was grantéd to the United = States and the peoplo of the United States, This grant operated ax a further limitat‘on upon the powers of the States, s0 that now the governments of thu States pos- sess all the powers of tue Parliament of England, copt such as have been delegated to the United State or reserved by the people. ‘the reservations by tho people are shown in the proibitions of the constitu. tions, When one bevomes a member of a suciety he necessarily parts with somo rights or privileges which, ag an individual, not alfected by bis relations to others, he might retain, WHAT “4 BODY POLITIC’ 18, “A body politic’? as_aptiy detiued in tho preamble of the constitution of Massachusetts, 18 a social com- pact, by which the whole people covenants with each citizen and ouch citizen with the whole people that all shall be governed by certain laws Jor the common good, This does not conter power upon the whole people to control rights which are purely and exclu- ely private (Thorpe vs the R. and B. Ratiroad Company, 27 Vt, 443), but it docs authorize the establishment of laws requiring each citizen to so con= duct himself and so use his Own property as nut un- necessarily to injure auotoer. This wine very essence of government and tus found expression in ihe maxim, sic ulere tuo ut alienum non ledas, From tus source came the police powers, which, as was suid by Chior Justice Taney in the’ license cases (5 How., 83), ‘Are nothing moro nor less than the powers of government iuherent in every woverciguty. * * * Thutigtosay * * * the power to govern men and things. Under these powers the government regulates the conduct of its citizens, ono toward avotber, and the tnapoer in which each shall use his own property when such regulation becomes necessary for the public good. in their exercise it has been cus- tomary 10 England from time immemorial, and in wits country from its first colonizition, to regulate ferries, common cari hackmen, bakers, mil- lers, Wharlingers, innkeepers, &e., aud ‘in so doing to fix a maximum of charge to be made for ser- vices rendered, aecommodations jurnished and articles sold, To this day statutes are to bo found im many of the States upon some or all these subjects, and we think it has never yet been successfully conteuded th such lexisiation came within any of tbe constitutional Prohibitions against interferauce with private prop- erty. With the fifth amendment in force Con- gress in 1870 conferred power upon the city of Washington to reguiate = * * the rates ot wharfuge at private wharves * * the sweeping of chimneys und to tx the rates ot fecs therefor, * * * and the weight and quality of bread (3 Statutes, 587, section 7); and in 1848, to make ull necessary regulations respecting hackvey car. Tiages and the rates of fare of the same, and the ral of hauling by cartinen, wagoners, carmen aud dray men, and tho rates of commission ot auctioneers (9 Statutes, 224, section 2). From this it is ap. parent that down to the time of the adoption of the fourteenth amendment it was supposed that the statutes regulatiog the use or even tbe price of the use of private property necessarily deprived an owner of bis property without due pro- cess of law, Under some circumstances they may, but pot under all The amendment does not change the law in this particular, It simply prevents the States from doing that which will operate as such a deprivation, WHERE THE POWER OF THR REGULATION RESTS. ‘This brings us up to Inquire as to the principles upon which this power of regulation rests, in order that we may determine what is within and what without its operative effect. Looking, then, to common law, from whence come the ‘rights which the con: stitution protects’ We find that wi privute property is allected with # public interest % ceases to be inris private only. This was said by Lord Chief Justice Halo more than 200 years ago im bis treatise, “Le Porbibus Maris,” und bas been accepted’ without odjection he aa essential element im the law of property ever since. Preperty does become clothed with @ public interest Wien ued ina manver to make tt of pubic consequence and aiect the community at large, When, therefore, oue devotes his property to « ase in which the public has an interest be in eflect grants to the public an tuterest in that use, must submit to be controlled by the public for the common good to extent of the interest he bas thus erewted, He w withdraw his grant by discontinuing the use, but so long a8 ho maintains (he use he must submit to tho couirol After aoting Lord Hale as to ferries, wharves and Whurfingers aud the decision of the Sapreme Court of Alabama, Docause the Court thought they found. im them the principle which supports the legistation they | were examining, the opipion continues as toliow | Enough bas already been sud to show that when private property is devoted toa public use i is Bubs | Juet to public r tion, Lt remains only to ascertain | whether the Warehouses of these plaints in error and (he busiiess Which 18 carried ou there come within the oporatio ol this principle. For this purpose wo accept as true the alaements of fact ned in the elaborate briet of one of the counsel of the piainul error, WHAT THE PLAINTIVES’ STATEMENTS KitOW From (hese it appears that the great producing re. gion of the West and Northwest sends its geain by water and rail to Chicago, Where the greaier part of it Js shipped by Vessel for Lransportation to the seaboard by the great lakes and somo of itis forwarded by rate way to the Eastern ports. * * * Vessels to some extent are luaded in the Chicago barbor and sailed through the St. Lawrence di rope, * * * The quantity (of grain) receive “40 bas made it the greatest jain market mn world, Tins busi- hess buy created a demaud for means by which tue immense quantity of mn can be bandied or stored, and these bh ven found in grain ware houses whieh are commonly caled elevators becunse the grain js elevated froin the boat of eat by machinery, operated by steum, inte the bins propared jor tis re: ption, and clovated from the bing by a like process into Che veesel or car Which 18 tocarry ton, * # ® Tn this way ~ st traille between the citizens of te country dort and west of Chicago and. tho ein ol the country lying on the Atianue coast north of Washington is in gran which Passes through the elevators of Chicago. in {iis Way the trade in grain is carried on by We Iwhabitunts Of seven OF eZMLOL tho great States of the West With Lour or tive of the States lying on tu seashore, and forms the largest part of intersui commoree in these Siavee. The grain elevators or Warehouses in Chicage ate iminense structures, bold- ing from 800,000 16 1,000,000 bushels at one time, ace cording wo #140, They are divided invo ving of large capacity and great sirongth.* * * They are located with the river barber on one side and the rarlway track on the other, and the gram is run through them from car to vessel or bout to car, ae may be nemauded the course of busines, 1b hax been found impos- 1@ LO preserve the ow: grain separate, aow thus | side 1s immediate Jurisdiction. | tu) of the vast importan has given rise to a system of inspection and seating which the grain of diderent owners is wixed ba cetpts jasued for the nuinver of bushels which are ne- feng and redeemable in Like kind upon demand, his mode of conducting the business was inaugurated more than twenly years ago and bas grown wo immense proportions The railroads ave found it impracticable to own such elevators, and public policy turbids the transaction of suea basipess by the carrier. Tho ownership bas, there. fore, been by private individuals, Who bave embarked tbeir capital and devoled their indusiry to such busi- nes a private parsurt, In this connection it must also be borue ‘nd that, although tn 1874 there were in Chicago tourteen warehouses adapted vo this par- Hcuiar business and owned by about thirty persons, bine business firms controlled them, and (hat the pricea charged and received tor storage were such as have beea from year to year agreed upol and establisbed by the diferent elevators or warehouses in the city of Ch cago, and which rales bave been annually published 1b obo OF more Dewspaper# printed in said city in the mouth of January in each yeur, a8 the established rates for the yeur then next ensuing such pudlication, Thos % i* apparent that ail the elevating facilities through which these vast productions of seven ot eight grout siates of the West mu pase on the way = to tour or eo uf the States on the seashore may be a virtual monopoly. Under such circumstances it is diileult 66 see w if the common carrier or the miller Or the ferrvinan or the tankeeper or the whart- Inger or the hackney coachman pursues a public em. ployment and exercises a sort of public office, these LUiffs in error do pot. They stand, to use again the guage of their counsel, in the very ‘gute. way of commerce, and take toil irom all who pass. Their business most cortataly “tends to a common charge and thing of public interest and use.” bushel of grain for its passage ‘pays a toll, which common charge ;"’ and, therefore, according to Lord Hale, every such warehouseman ought-to be under public regu lation, viz, that be take but reasonable toll, Ger. tainly, if any business can be clothed with a public ine terest’ and Coase to be jurisprivati only thie bas been, It nay not be made s0 ‘by the operation of the cone stitution of Lilinois or this atatuto, but itis by the facta, WHAT THR ILLINOIS PROPLE DID, We also are yot permitted w overlook the fact that, for some reason, the people of Illinois, when they re- vised their constitution in 1870, saw fit to make :t the duty of the General Assembly to pass laws protection of producers, shippers and receivers of grain and produce’ (article 13, section 7), and by sec tion 5 of the same article to require all railroad com. panies receiving and transporting grain im bulk oF otherwise to deliver the same at any elevator to which It might be consigned that could be by any track that was or could be used by sus pany, and that all railroad companies shoud permit counections to be made with their tracks, 80 that any public warehouse, might be reached by the cars on their railroads, This indicates very clearly that during tho twenty years in which this peculiar busi. become a hess has been "assuming its present — “ime mense proportions” somethin, aud. Occurred Which led the whole body o: typ People te suppose that romedies such as% are usually employed to prevent abuses by virtual monopolies might not be inappropriate here. For our purposes we Must assume that ff a state of fucts could exit that would justily such Jegisiation, it actually did exist whon the statute now under-o»nsiderauon was passed, For us the question is one of power, not of ox pediency. I! po state of circumstances could ex- ist to Justify such ® statute then we may declare this one void, because in excess of the legis live power of the State, but if itcould we mast pre sumo itdid, Of the propriety of legislative imterter: ence within the scope of legislative power the Logisla- ture ts the exclusive judge. Neither is ita matter of any moment that no precedent cam be found fore statute precisely like this. It is conceded that the business # one of recent origin, that its growth has been rapid, and that it 1s already of great importan And it must also be conceded that it ta business in which the whole pubic has direct and positive interest, It presents, theretore, a case lor the application of a‘long known and well established principle ju social science, and vais statute simply extends the law so ax to moet this new develop. ment of commercial progress, re 18 No attempt to compel these owners to graut tho pubbe an interest in their property, but to declare their obligations wf they use it tn tis particular manner. — It matters not in this case that the plaintiffs inerror had built their warehouses and establiahed thoir business before the regulations complained of were adopted. What they did was from the beginning subject to the power of the body politic to require m to conform to such regulations: might be estab. ed by the proper authorities for the commun They ‘tntercd upou their business and provided themselves with the means to carry it on subject to this condition. If they did not wisn to submit them: 1 tO uch interference tuey should not have clothed the publio with an interest in thetr concerns, The same prinel- ple applies to them that does tothe proprietor of « hackney carriage and as to him it has never been sup. posed that he was exempt from regulating statutes or Ordinances because he had purchased bis horses and cCurriage and established his business before the statue or the ordinance was adopted, THE POWER TO RRGULATE, It is insisted, however, that the owner of tne pros Porty is eutitied to a reasonable compensation for ite Use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not @ if lative question, As has already been shown, the practice nas been otherwise, In countries where the commen law prevails, 1t bas boen customary from time immomorial for the iegisiature declare what shall be a reasonable com pensation under — such circumstances; ot perhaps more properly speaking to fix « maximum eyund Which any charge made would be unreason- abie, Undoubtodly in mere private contracts relating to matters in which the pubiic has no juterest, what 18 feasouable must be ascertained judictally, Bat this is because the Legisiature has no control over such a Contract, So, iov, in inatters which do affect the pubs lie Interest, and as to which legislative control may be ived, if there are no statutory regulations upon subject tho courts must determine what 1s reason- avie, “The controtling tact is the power to regulate at all, It that existe the right te establish the maximum of charge as one of the meant of regalation 18 tinpied. In fact, the common law rule which requires the charge to be reasonable is itself a regulation as to price. Without it the owner could make his rates at will and compel the pablic to yiold vo bi terms or forego the use, Buta more com moa law reguiation of trade or bustoess may be changed by statute. A person has no property, no ‘vested interest in any = rale ot the common law. That is only one of the forms of municipal law, and ts no more sacred than any other. Rights of property which have been creatod by tho common law cannot be taken away with- out due process, bat the law iisell, as a rule of con. duct, may be changed at the will, of even at the whim, of the Legisiature, uuloss prevented by constitutional Iitnitations. Indeed, the great office of statutes is to remedy defects in the common law as they aro devel- oped, “ana to adapt It to the changes of time and circumstances, To limit the rate of charge for services reudered in a public employment, or tor the use of property in which the public bas an inter. est, ty only changing a regulation which existed beto It establishes no new principle in the law, but only gives a new effect tw an old one. We know that this is & power which may be abused, but that 1 no urga- ment against 4 existence. For protection against avusea by legislatures the people must resort io the ‘polis, not to the courts, | After what hus already been said it is unnecessary to reler at lougth to tho effect of the other provision of the fourtecoth amendment, which is relied upoo—viz, tbat no State shall “deny to auy person within 1s joriwdiction the equal protection of the laws’? Cer. larly it cannot be claimed that this prevents the State from regulating the fares of huckmen or the charges of draymen in Chicago, uuless it does ihe saine thing 18 every other place within its jurisdiction, But, as bas been seen, the power to regulate tho business of ware- houses depends upon the same principio as the power to regulate back men ana draym id what cannot be done in the one case in this particular cannot be done in the other, THK FOWRR OF CONGRESS We come now to consider the effect upon this of the power of Congress Lo regulate commerce, was very properly said in the cuse of abe 3 railway gross pts (1 Wall, 203) that “It is bab everything that aileets commerce that amounts to a regulation of it withia the meaning of the constitu. tiov.”? ‘Tho warchouses of these plaiutiits iu error ed and their business curried on exclusively -liits of the State of Lilimom. ‘They are pnts by those engaged in Stato as well as those engaged 10 ineerstate commerce, but bey are bo wore pecessurily a part of commerce Ttseif hen the dray or the cart by which, but for them, grain would bo transterred from ono ‘railroad station to another, lyeidenwily they nay become connected with an interstate commerce, but mot necessarily Their regulauion is a thing of domestic coucern, aud certainly until Congress acts in reterence to thet Interstate relations the State may exercise all she powers of government over them, even though in doing it Muy indirectly operate upon commerce Out We do not say that a case may bot arise to which it be found that a State, under the form of rogniating ite own allairs, Nas eneroxched upon the exclusive domain of Congress im respect to imcerstale commerce, but we do say (hat Upon the facts as they are presented to us ip this record that hus not beoa ae THE QUESTION OF KKEREENCH The remaining objection o Wik, that the statute if its present form is repugnant to section ®, article 1, of the constitution of the United States, because it gives preter to the ports of oo State over those of y ve disposed of by the single remark that Chis provision operstes ouly a8 a limitation of the powers of Cougress, and in ne respect affoots the States in the regulation of there domestic affairs, We con. clude, thoretore, (hat the staiute th question 1 not Tepugnant to tue constitution of the United States and that there is no error in the judgment, Ih passing upon this case We have not been unminds { tho questions tovelved, This and cases ol a kindred characier were argued box lore Us more than a year ago by the counsel and in a motngeworthy of th repatations, We buve kept the case iong under ade Visement in order that the decision might be the result, of our mature deliberations, ‘The judgment ts allirmed, tatule it UNIFORM FREIGHT RATES, The representatives of the principal railroada me yesterday at the St, James Hotel The object of tne moeving was the consideration of the question of «& uviform rate of through Kurepean ireight Last sam mer arate was agreed upou, but the Penusylyant Central and the Ballimore aud Obio, considering Wat their roads made a shorier way to Lhe seaboard, decided upon charging @ somowkat lower rate than the othet roads, 1t Was in the hope of arriving at some satisiag tory arrangement of tho matter w yesterday’ meeting was beid. After some discassion it was do cided to refer the matter to a committee of nine, whic? was accordingly done, Last evening the committer reported u settioment to the full meeting, and it te uae derstood thas tie rates will bereatter be uailorua,