| Show by I 1 Telegraph telegraphy I 1 AMERICAN bostos BOSTON 2 29 at the conclusion of the addres address 4 the audience united with willi the choir in singing the hymn nearer wearer my god to thee prayer by the venerable rev R H real neal D D followed the choir then sang the hymn unveil thy bosom faithful tomb after which benediction by hie the rev phillips brooks D D closed the services in the hall of representatives the casket was borne out by eight policemen preceded by the pall bearers bearers who the ex governors of massachusetts i wm win B wash baine bur ne emery washburne rne rhe gardner banks boutwell bullock claflin Cl allin the governor elect rice hon carl schurz senator dellys jkelly of oregon and frederick douglass the casket was preceded by the pall pail all ali bearers and forwarded by a detachment of marines and andrine jaine officers of the fifth maryland regi negi ment was was wag carried down the main steps and placed on the finneral ful fil car which chich was an open catafalque heavily liea ilea vily draped with black and white entwined with american flags the car was drawn by eight black horses with binck black and with heavy blace At p m the pro started on its ita way to cottage r armSt station atio atlo n down town beacon street at least thirty thousand people crowded around and about the tiie state house and beacon hillas hill as the procession moved off the route of the process procession ln down beacon street and brighton avenue was one uninterrupted contest with the elements manifested in in the raging wind th eliat had ad prevailed re S since inco morning the cod cold coid was extremely tr bitter causing much suffering among the troops N early nearly live five thousand soldier ers erd were werm gerein in line besides a large nu number aber of civilians about fifty carriages containing distinguished guests brought up the rear the division of civilians owing to the cold was much smaller than had been anticipated the escort of militia was one of the finest ever seen in boston thousands of people filled beacon and adjacent streets and when the col dmn commenced to move it was with considerable difficulty that a sufficient passage was waa cleared at afa charles street the carriages formed in double line arld alid the procession was then at least a mile and apala a half jn ail length the streek street crossing next belde cottage farm ghi SLi station flon fion was selected for the tram train that thai was to 1 convey the body to natick A cold biting wind was prevalent at times timba so as to retard somewhat the marching of the troops and aud and yet the multitude of spectators patiently sabod their ground when the procession reached the train the casket was quickly c conveyed anve from the bearse hearse to the train down through longi of soldiers and civil civilians lans ians who stood with heads uncovered a band meanwhile playing play ing a dirge dirae immediately tipon the disposition of tho the casket iu in the car provided for its reception the governor and this st staff afrand and council the he pall pail boar bear arsand others together with the independent t corp cadets cabets the marines and officers maryland regiment were assigned seats in the train which imme immediately diat elj ely moved away from froni the city toward natick at many of the stations passed crowds of people had bad collected to pay their tribute to the illustrious dead arriving at inq natick abick shortly after four a great crowd of the townspeople thronged thron ged the squares and all the approaches app roache to the depot tho the grand ar army m Y post of the tawn town was drawn up in a hollow square and immediately tho the arriva arrival lot lof of tho the train the tire tue casket was conveyed eony cony eyed to the hearse and the iino line lindof of march began for the public hall the church bells in tho the mean meanwhile while oiling the tho the order of the procession was J as 6 follows browns brigade band independent dent corps of bf cabets cadets the hearro with tt tj a marines as a body bodyguard goard the tiny officer of theah maryland regiment governor gashon mon and stae staf staff the exo exe autive coun conn 11 1 and aind tho the pall bearers ins IDS the e ar governors of the state inny anoy bearly every building in afia thaw vil vl page jage wae vae deg dep decorated orated with elaborate pa displays of burping mourning tho who sidewalks iv alkis in the neighborhood of the public square are aro alvero ero thronged thron ged with leopla attracted from all the t 0 country atry a b atit t 10 0 view tho the 8 clemn pa geant draut on real reaching chind ching clarka Cl arTrIs block tho the casket was vas coave conveyed to the lii iii largo 9 6 hall hali in 11 them the upper part pirl of bf the j blinding il ding n and was placed upon the 1 i r n here hero the remains were delivered to the custody ef of the town selectmen b by ly governor gaston and were su subsequently biven given into the charge of or 0 A JR post who with the U 7 S marines will remain as a guard until the burial on wednesday the decorations inthe in the tho hall are ve very elegant the concluding services of the tiie day dy amidst mr ahson time honored ad associates were especially solemn i and impressive deeply affecting the townspeople towns people who had hat assembled to pay their last liar ilar heartfelt tribute of dr respect to their departed fellow citizen i A severe gale of vind vand has bas prevailed her here e today to day atone at on 0 time ti me the velocity of the wind sixty I 1 five miles oj im amr jf ift seem seems sto to hayi have extended alt alf the hew aw england chast sports t I 1 frova bm s several everal other noi pol points tits inda E rapid ly falling rord rort fiary flary and an i unusually u aily ally high wind A later estimate csUma teof of the tho loss by he uhe burning of flie file facco ry octh orth bostoni boston Rub rubber rubben berShod shoe CO at t 5 to day places place sIbe the amigh amount ta ac rhe the state whig da department part pari ment I 1 1 news 61 aws that the govern government men of ital lyal a hab has ijas concluded fo to part participate I 1 ate fi fp the centennial the P 0 department departs bent toda to 6 da issued a circular to post past postmaster master s informing them ther rland and the public chatton and after january gl gie gle M rate teof beof of letter lotter pasta postage ebe between tua tha U 9 and japan by orect ie service ica V a san ban sa n n clab cleb arll re e u c ad ib d from 15 cents to 12 cents cent sper per half ounce or fraction thereof pre prepay V rega ay Y t ment went obligatory the signal 0 officer filce r x reports i a wina wino at a velocity miles pec pee hour on dlo dio mount wahington washington this afternoon this is the highest velocity recorded at thit that station since its establishment phe dhe the temperature was 24 degrees below sero in february last the mall mali steamship corn coin company an y aa entered t ere d suits stilts ag against ainest we fol foi per persons sprig toi recover gertain pertain ams dt jue JOE mp copney neav al at alj j lebed mohave to have beon tad wad t them hdm b byl JB irwin to secure th abr P I 1 aid ald in ap procuring congress co e ona lidi lidl es j charles oharles albert 7 IQ U E H cormic 5 bOOJA f B moo H U 0 falit pant Fal jt JJ r W BT bersby he hesey sey aey iDoni on platt piatt W B shaw and john joan boyd 1509 the i tiff ciffa d attorneys have discontinued the cases against agai bandett Ban oett deit 31 nawi navi va shaw and Herse yand jt Is 38 that the same course counse wili wibb B taken aa as to the othen other cases secretary ch h ifka ais nin fin vIte commissi commissioner ioner inner sadith tb b remain in the tc department achis confidential le 1 I 1 I 1 h c elerk clerk I 1 rk I 1 in immediato lil ah charge ar g f la 14 business coming tg u ato tha seere secre sv i tary ta ry from fro mf ba h bureau b u re a 6 the decision dri 6 t birj supreano court in the ft JH it company U t e was deliver dellver delivered fd tod to d li aay J r bodah ra justice davist aa a un aay L mo 9 xa presade press presa pre haidn of tha coart ltd l tf opens ils lis w ith a bw lliel th eaues des deA to th case casc kiich involve the tho re rei i tent tolu loir or non byl ya the tho government of hair hain in an ea ciori due the road for be if h ex 1 6 abbi tation of matisi miffs shw andi mm tary af arm 11 supplies asb ash for the interest an the sued to the corporation corp oratio n to luif aidin aldin ili iii the construction ortha of the fallik orde one ope n of f the igro rohda for ret Fet eritt I 1 the gener general alrig right of offset I 1 of which the he court says dys f this right ash keener feener q n ern al at pil principle e ek exists ats in ah he government fetn men tand and is cammon commonly lyls e xe i VJ sm bhea settling with those waving having g claims 1 a ims against it iti huf hut manifestly the the rules applicable to V ordinary claims for services reil rell rendered eted eked the ua 1 8 9 do apt apply to tp the bonds in n 1 question were issued by the U 8 t to aid ild the construction of a great national highway high wiLY 14 10 themselves tiey tile v dp not impute nn an y ori the ing part q ald aid the cor corporation to tay lay pay huam A and find whet whether lei lee when tho the government bas aas paid the iq theman thoman th e an obligation I 1 arises arbe ohi on 1 th tho pant part p the corporation fo to rebun deij dj ij depends wholly 0 op the conditions on which the bero were bere defered de vered i jo fo the corporation and re received e j d by it j the court goes on oa to to re view th the le I 1 legislation g islat ih of cob con congress 9 ress and threaso the easo us ius which didde I 1 imperative anpo a national highway io lo lotho 10 ohp which would world the widely separated parts dath orth country end furnish furnis a 4 hean he heap 0 and and ana expeditious t gus bus mode of I 1 mar 1 for troops troop s nid and supplies la uil hil lap imp s felt that justly ignore linore the m necessity r is ilai 1141 ing go Vallin availing balas kAlas ayas avas this thia opinion harmia harmis by no means certain t h e r V I 1 1 itt 6 u r f t lar aboh AJ ti lla lia L vj oiin J I 1 U I 1 i action of congress had bad it charged e d the government itself with the direct execution of the enterprise Besides there was a vast avast unpopulated territory lying between the missouri and sacramento rivers practically worthless without the facilities afforded by the railroad for the transportation of bf pers persons ous ons and gend property with its construction the agri agricultural cu and mineral nil nii n eral resources aces of tuis ibis territory could be developed and settlements were rendered possible cheaper transportation was needed for malls and for the supplies iles lles of the army and indians the guilding building of the thel road was deemed an unusually bold and hazar bazar hazardous dous undertaking it was nothing to the purpose to say that the difficulties disappeared in a great measure after trial and that the load was constructed at a less cot cost of time and money than was considered possible ko argument ean can be drawn from the wisdom that comes after the fact the project was nott note not conceived for private endri ends and the prO prevalent valent opinion was that it not be worked gut cut by private capi capt tall taip ta alone lalone it was a national work originating in a national necessity and requiring national nati anai anal assistance the policy of the government to sa say yay y nothing of its subsequent want of 0 power stood in the way of the ui TJ taking the work on its own hands even if that thai were not so reason reasons 3 of economy suggested that it was better bettor to enlist private capital and individual enterprise true tife the scheme contemplated profit to individuals for without a reasonable I 1 expectation of that capital could not have been obtained nor noi t the be requisite skill and aud enterprise b but ut the government sustained the enterprise to advance its own in tere tera ts qs and it endeavored to enlist private i t il ya te capita capi talas taras fas a mean means of E securing r F the building af pf of a road to be used ag e for government purposes whatever 0 obligation therefore rested an tha company must depend on th the etrio etrie true meaning of the enactment itself reviewed in the light of contemporaneous history the court goes gies on to construe the acts incorporating the company and even the title original act of 1602 1862 which see ems fi to be bp the subject of special consideration it declares the national e character ilar liar aeter acter of the work the body pf af the act att contains an expression that ahal its object ia 13 to promote roto loto the public interests alic aric and 1 welfare and aud to secure 10 io the government t ai times but particularly in time af war the u use so abd benell benefit t of for postal military and hud other purposes if that bill had lerf leri equally explicit in relation to the ge bonds the there woula have been dy occasion cufr dorthis for i this suit bilut even in lit that particular there is jsn no 0 i serious difficulty io in getting at the tile true M meaning of congress it proffered an inducement to build a road in the wd way of hen hin hindmand dand interest boar bear ing bonds ond a of theu cheuy js ai there is no lio about the terms an which the lands were granted aud and the only point is the nature and extent off orthe tha the obligations on the pay these theeo bonds it is nat mot moh doubted that the gov bovein ern eln ment is 19 to be reimbursed principal and interest but the precise que ques s tion for decision is whether the company is required to pay the in terest before the maturity of af the principal the solution depend depends 4 j upon lipon the meaning of the fifth and sixth sections sect Jons of the ad act bf 1862 and i the sixth bf the act aeb of 1864 the i trian manifest I 1 rest pu purpose apo of df the fifth section of the act 0 1862 is to take a lienen lien llen on the property of t the he company pany for the ultima ultimate td redemption of the bonds i J P principal and interest but bult the tha way and time alre acre are left to further I 1 provisions that the gov I 1 emment atvas was expected in the first 1 instance 0 lo 10 pay bie the 14 interest terest is clear elear clea elea enola enoia enough gb fora for a m mortgage was taken to ta secure tho tho the re repayment payment of the b bands ads all hll the interest fhe the hereon i reo n paid by the government when W h en repayment is spoken of it is understood that something advanced bythe by the U ts is to back had rad hadit it boen boon the intention of cengr congress that the corporation itself should pay pry pay the interest oa oty the bonds as it fell due phraseology appropriate to such a purpose would have been used but when and how this reimbursement was wag to be made was wag is to td be in conformity with the te terms prescribed in the tho other coffier portion of the act there are three things and three only ohly which the corporation is required 1 to do concerning the bonds in controversy first to pay the assaid bonds at maturity L second to allow the tho government to retain the compensation due to the cor corporation pola for serviced v iq 9 apply th the sime same game to toi the payment of bf bonds bonda aud and In interest terea teren and third to pay over to th the e govern government after the road ilas lias been completed five I per cent of the net earnings of the ra road d to be applied to the payment of the bonds and interest it is sought to give to the word maturity 7 a double sign iti cation catlon on applying it to each payment of interest as it falls due aa as we well weli 11 aa as to the principals but this is extending the application of the word beyond its natural and obvious meaning meanings and |
