The Sun.
London, England, 1852-06-05 00:00:00

BLAGES.

Mr. WYLD wished to kno* by what authority as-
semblages of parsons in Bonner's-fields were dispersed
by the police of late?
Mr. WALPOLE replied that the question had been
previously answered. Information was received at the
Home-effice that parties lectured publicly on blasphe-
mous and profane subjects, to the great annoyance of
many; and instructions were accordingly given to pre-
vent such assemblages, as they were prevented in Hyde-
park, St. James's, and other public parks.—(Hear.)
The question that the Honse at its rising do ajourn to
Monday was then put and carried.
Ing-BillB,AtioEvvBhSiAchGtllhoiErßLOorMdshTi
Kelvin Bridge HpsEhaLdOaßgDreSed.
:
. A messenger from the Lords brought up the follow-
AStt).
bileyeleirni'nstoGr af.aGn
rsgo:orvikuo4ew:B6;berearoitniutradg.Rhootßhaedarsil.wWaoyr: s.
LUMolivndeddr;e:snb(nrCeoittiV:gatiacranrdlla
Sharpies and lloghton Road.
Shields and Morpeth Roads.
Merthyr Tidal Waterworks:

SoMersetshire Central Railway, without amendment.
Mtnehester, Sheffi?ld,nnd Lincolnshire Railway (1-.)
London Gam Light Company (Amendment of Acts,
&c.--No. 2). -
Port-ush Harbour, with an amendment.
PARLIAMENTARY REPRESENTATION BILL.
The second reading of the Bill, was negatived without

a division.
TURNPIKE ACTS CONTINUANCE BILL.
pa. sed through Committee.
PASSENGERS ACT AMENDMENT BILL.
On the queition that this Bill as amended be Con-
sidered,
Mr. BROWNE moved the insertion of a clause giving
powners against the decision of
a power of appeal to shi
passengers' agents.

SATURDAY

Sir J. PAKINGTON opposed the admission of the
clause.

Mr. BROWNE considered the clause of vast import-
ance, and as such should be admitted. Tho Hon. Gen-
tleman moved the following proviso :—" Provided always,
that whenever the owner, charterer, or consignee of the
ship shall be dissatikfied with,the decision of the emigra-
tion officer, in any matter in which such decision is
rendered authoritative by the provisions of this Act, then
and in every such case it shall be lawful for the owner,
charterer, captain, or consignee to apply to two justices
of the peace having jurisdiction in the port, and suchjus-
goes or one of them shall by order under their or his
hand appoint two disinterested persons having
acquaint-
ance with the subject-matter in which such decision may
have been given, to hear the appeal of the owner,
-charterer, captain, or. consignee against such decision;
and such two persons shall return their determination
upon such appeal in answer to.such order, and upon such
determination the .justices or -justice shall make such
order as to them or him shall in the premises seem meat,
and such order shall be final and conclusive."
Mr. HENLEY said the clause' was brought forward
on very extraordinary grounds, because he had brought
forward no C33CB of,difficulty.that had arisen under the
existing arrangement. He belieied the giving such an
appeal as that proposed would
.ba a great curse to the
shipowner.

Mr. A. • HASTIE and Mr. MOFFATT supported the pro-
viso; and the House dividedr,
For the proviso ... 25
Agaihst 73
• Majority against the proviso • -48
Amendments were then agreed to, and the Bill was
ordered to be read a third time On Monday. •
The Turnpike Trusts Arrangement Bill was read a
third time and passed..
Mr. ANSTEY moved the second 'reading of the Cor-
rupt Practices at Elections Bill (No. 2).
Mr. ADDERLEY objected to.a measure of so much
importance being discussed at so late an hour, and
moved that the debate be adjourned. •
Mr. KEQGH saiddt was a very reasonable arrange-
ment that the present :hour (half-past one o'clock) was
too late an hour for discussing important business. He
should be glad to know what was the opinion of the Go-
vernment upon this point.
The CHANCELLOR of the EXCHEQUER did not
think any stated rule could be observed in such • eases,
and at the present period of the session they.must make
some sacrifice in order to get through the business that
was essential. As the measure_ proposed by the Hon.
über
tkirt Y
woulduh ai
be vqasu i telikrieglyhttoto create
pda noi
eeLei est
i.aoren,e dh
eMt
Mr. SADLEIR complained of the unreasonableness
of the Attorney-General for Ireland in not fixing some
time fcr the discussion of the Irish measures he proposed
to bring forward. Many Hon. Members had been in
attendance since twelve o'clock the previous day.
The debate was then adjourned.
The Suitors in Chancery /i•lief Bill was read a third
time; some clauses were added by way of rider, and the
Bill was then passed.
The Trustees Act Exteniion• (Stamp Duty) Bill was
re ported. . • .
The Trustees Act Extension Bill went through a Com-
mittee.

The Savings Banks (Ireland) Bill was read a second
time.

Mr. KEOGH moved the adjournment of the House,
and took that occasion to coMplain of the discourtesy of
the Right Hon. Gentleman .the Attorney-General
for Ireland, who would not giv.e.any .promise -as to the
time when he would proceed : with what be must con-
sider a Coercion Bill for Ireland, the Right Hon. Gen-
tleman having stated. that he would proceed with it at
any hour of the night. He could assure the Right
Hon. Gentleman that he would neither expedite, public
business nor promote his own or• the interests of
his party by acting with sick discourtesy towards Hon.
.
Members for Ireland. 'He could tell him that he would
be met with opposition at every step. Without mean-
ing the least offence,- he could assure him that they
would insist on being treated with the same Courtesy as
other Members, and- that he would not be allowed to
proceed with important business at that -hour of the
morning. The Bill, besides, was one that ought
not to he entrusted to a provisional Government.
Mr. NAPIER said the Bill' in question was to con-
tinue an Act at present in force, and he was therefore
surprised when he heard that the Han. and Learned
Gentleman meant to oppose it: Ere had distinctly told
him that it was his intention, at any hour the House
would allow him, to go on. with the Bill. When the
Hon. and Learned Gentleman Mentioned the arrange-
ment that had been made with the Chancellor of the'
Excheqer, as the leader of the House of Commons, he
of course submitted. : This he could say, that he '
would treat every person in that House as
a gentleman, and neither threats nor anything else
would divert him from dein.. what -he believed to his
duty as the first law officer ofe the Crown in Ireland.
Mr. ANSTEY said the complaint his Hon. and
fmor at
ot i otnn toiassi3 ult,hten
opyu rnp
Learned Friend made was, that having applied for in-
aodsenooft tghievenit;and he believed
Government with re-
gardthey were fishing for a night when_ they would have a
majority to enable them to carry. the measure through
its stages. He thought it would be better for the Go-
vernment not to attempt to make-a show of carrying a
measure which they would never -be able to pass.
The CHANCELLOR of the EXCHEQUER said
they had no intention of advancing the Bill a stage, as
it had been already postponed., He must say that it was
not to the honour or credit of the
_House to allow their
discussions to close every eveniu with these unseemly
brawls, which bad now become almost chronic:—(Hear,
hear.) It irould be much 'better if they would give
themselves up to the transaction of public business with
good temper.—(Hear, hear.) The Hon. and Learned
eh-oefsetehothmeorni_
Member for Youghal had not the slightest ground for
unpleasant. He believed the
the remarks he had made; but he must say he was alWays
's complaint. was
founded upon a misconception. and that 'he had no good
prompt
antdo iLnetraorncluocdemseemmentherinfor
Athlone
didtim
use 'of continuing the
morning, If -Irish Meth:,
bars were to ao home when English, business was dis-
cussing, and English Members to go to bed when Irish
business was on, that would not.. be_
dgirs°cutius(l of for
at; tnlioart
the proper way of
carrying on the business of the nation. The measure'
would not be brought forward at•tetime when an oppor-
tunity would not be afforded of fair discussion.
Mr. SCULLY agreed that it was a great waste oftintie
to discuss matters that could not be advanced that late
at
hour of. the night:
Lord NAAS reminded the Hon. and Learned Mem-
berber for Athlone that when the Measure was originally
ut forward 1847 he had supported it in every
stage.
The House then adjourned at T
wee o'clock.

-4.---:SJune 4.
LAMP IN TELL-
intcrloe a--
NCB.IG
HOUSE OF :LORn -
(Before the LORD CHANCELLOR,
other Peers.,) erd
1311.""Alf'
and
AND OTHERS.
THE DITILE OP ATHOLL V. Ton r, * •
First Division of tho Court of
This appeal is from an
an action of declara-
blic highway;which,
shptohnedirenrtisghtottcoaurrsyepaeac 00, sustaining the
sget°,r3' judgment of the
torl°too of
sttbablries
lies between Blair Atholl, in
, but
in the county of Aberdeen,, which habire, and Braemar
through Glentilt, the provrty ea in its, course passes
the appellant. The point involved in -g ake of Athol!,
touch the merits of the question of tii the appeal does not
to travel by the Glentilt-road e right of the public
preliminary technicality raised. ha new
w" in the nature of
to defeat the action, by denying thf, the al
° appellant.
dents to sue. tide of the respona
The material facts to the point,' a
counsel on both sides having been'eo'44 the argument of .
The LORD CHANCELLOR,' in
EClOViia4Cluded,
the Rouse, remarked, that in the cog 04 judgment of
ment at the bar, considerable stress haras° •Qf the argil-
legal difficulties of the case, het ate, been laid on the
would find that it did not turn out, to be all the House
portance in point of law. The merits r',„ one of • real ini.;
ther Glentilt is or is not a public hiovv4 the case, whe-
in question. The simple question is, i.,47, was not now
suers have the right to sae in the characters"ntr the
presented themselve themselve to the court araciv in wh they
of contention had arisen as to what a. A good deal
averments made by the pursuers in_thdr-as the effect .al
olarator. .It was strongly insisted that -
,thinnions of de-
to prove the use of the road by the riti„" wall necessary
them to maintain their right of actin; nra to enable
terlocutor of the Lord Ordinary, confirm' 411" that the in•
of the First Division, was in effect a de 11 the Lords
question against the appellant. That led r4ien of that
1 derable discussion at the bar, though it now Beet
very
admitted on on both sides (that is 'the 0110.8? enied to be
doubt, the other admitting) that that question did not
concluded by the judgment, but that the Pure" Was not
by their own declarator averred that they had having
road through Glentilt, they will have to used the
Pro,
in tile course of further proceedings, which ma: that fact
in the court below. That relieved the rich tse be taken
considerable difficulty; and he believed thatta from a
been admitted at the bar was tho law of SeetisiTat had
judges in the 'court below may decide that .it • The
necessary in swill an action of declarator as the present
not
that there shOuld be arty use of the road by
the3resent
suers, and he apprehended that- that question -
would not be at all concluded by the presena judgment.f law
As the case now stood,: the House was relieved from
difficulty; and then came the question whether, .akin
the this
the averments as they stood on' the summons, theeetaking
ment showed a title by which the pursuers coulaaver-
Referring to the description in the summons sue?*
found that Alexander Torrie was an " advocate, he
siding in Aberdeen;" .Robert Cox, " writer i , re-
Signet, residing in Edinburgh;” and Charles r the
Jaava a
~ merchant, residing in Perth:' Take the name of :i.
latter, for example; he resides in the very "II"
through which this road passes; and it was
moreover ty
averred that he had himself paid conversion ea v
statute
labour money under the Act of Parliament .for re
a.
luting and converting the statute services in the ectt,
Assuming, for the sake of argument, that there was 11;
law against their right to maintaie -the actian it would
seem that a right was stated. The statement of the con-
descendence excluded any question; for in the came_
seendence they positively state' that they hair() all used
the road, and that they cannot, proceed from one ter-
minus to the other unless they go round by a circuitous
route of some miles. SupPo3ingtheso facts to be Proved,
there was a very different case from that which was the
eubjeet of contention at the bar; for there it was
. made
an abstract question, namely, can any one of ner Ma.
ieslY's subjects maintain an action of declarator not
having used the road? If the averments were proved,
tho present case*ould- really come so much within all
the authorities which had beta cited, that he apprehended
there could be very
Scot.
little question. The whole difficulty
arose from the difference Of the laws of England and
Scot-
land in reference to questions of this nature. In England
I no difficulty can mho like the present, because here
(We
have a remedy by indictment; any- person can proceed
by indictment to try a right of road on behalf of
. .

the public generally. •
teas But there was no such
i., ,
mode o'Z estehlishing n right b(Pinion is wh-y
ett:eer
ltw of Scotland and
therefore, the
the
tmhtode adopted in
the present cane is or is not lawful.
cordance wiAla the law of Scotland,there , ets h-aoanaoa other
mode of which he was aware by
which a
cop,esrtsi whoi had
merely a right generally could try the
admitted that the right of way contended fore,wirsea:mriwghast
in the public generally ; it would, therefore,
follow that every man was entitled to vindicate his right.to
It was not denied that he might do so in the case of i
special obstruction, but the question Was whether any
could by the law of Scotland do so by action of decla-
rater. Why should he not ? There might be incon-
venience in doing so, but that would arise from the de-
fect of the law itself in not having a remedy by indict-
ment ; btrt that defect could not take away the right.
It was not denied by the appellant that a gre.z.st many
people coo exorcise the right, but it was attempted to
limit to certain classes of the public the right of vindi-
cating a public right of road. It would be rather sin-
gular if the law of Scotland had placed any limit on this
right to vindicate. In the course of the argument,
when this was so strongly insisted on, he had
requested the Learned Counsel to hand up in
writing the propositions contended for as bald on
the authorities. To this he should presently refer ;
but he would see how stood the authorities. It was
contended that all the cases cited only showed a right
on the part of the public to a certain extent, inasmuch
as in these cases the decisions wore in favour of certain
individual:, or classes interested, to institute an action of
this sort. Then the question was, could it be logically
said that the right could only be maintained by persons
having immediate connexion with the road? If there
was to be a limit of the right, then what was to be the
limit? Was it to be a yard or a mile? Where were
you to draw the line? But in the appellant's argument
on the authorities it was contended that a case could
not be shown in which a man simply es a member of the
public had maintained the right. Bat he asked, was
there any case in which it had been denied, and the
answer was " No." The authorities, case by case,
showed that the right of vindicating a public right had
been maintained, and they were all against the appellant.
The authorities cited failed to show that there was any
limit in the right. That the exercise of such a right
might be attended with inconvenience he was ready to
admit, but it could hardly be called a practical one—in-
convenience had not resulted in practice. And he really
believed that it never would do so, for men would not
go to try actions of declarator of this nature who were
not naturally connected with the locality. There could
be little doubt that the application of the law would be
confined to those persons who, according to the admis-
sion at the bar, were clearly entitled to maintain an ac-
tion. Inconvenient, it might, no doubt, be for persons
who had no connexion with a locality to bring actions
of this kind, but the danger was as great, or greater, on
the other side as shown in Campbell's case (as we under-
stood) cited in.the course of the argument, were an
owner of land may maintain an action against the pub-
lic. But a court of law could not be supposed to deal
with extraordinary imaginary cases of this eature—a
nature not very likely •to arise. If there was any abuse
of the law it would be sure to be corrected. Suppose,
for instance, that the appellant had brought an action of
declarator, with some view of obtaining a decision
against the right of the public to use the road in ques-
tion (and were there any persons ha would have been
more likely to fix on than the present pursuers?) no very
serious inconvenience could have resulted. An notion
might be brought, but the question would coma
before a jury, cad then there would be very consider-
able damage to the persons who instituted an
improper action. Ho then came to the question
whether this right of vindicating a public right by action
was one that should be extended to the public generally,
assuming for the moment that the question was
actually before the House. He thought there could be
very little difficulty in disposing of that point. In the
case of " Tait and Others v. the Earl of Laudtrdale '
(5 Shaw, p. 330), a great deal of discussion- arose
whether servants were excluded—that was a case where
a road having been shut by a decree of the justices, a
summons of reduction of the decree was brought by
nineteen persons, of whom ten described themselves as
being " servants" in Lauder and its neighbourhood.
Servants, not householders, wore held to have no title.
But he could not see how that case bore on the present
point. It only went to show that a particular class of
servants did not form members of the public, that is to
say, that the public are a more limited class. As re-
garded the question of public right, the question
just stood where he did before. Tait's case, hoWever,
had an important bearing on the general question.
Several of the pursuers there were described as being
merchants in Lauder, and it was impossible to read the
opinions of the Learned Judges without coming to
the conclusion that the right to bring the action
was acknowledged, not simply because the pursuers were
merchants in Lauder, but, being merchants there, that
they ,were a part of the public, and,; had,a right to sue.
Every case cited was, in his opinion, in favour of the
pursuers' right, and against the appellant. When the
Learned Counsel were asked the question, they said the
right must be either patrimonial cr local; and they
seemed very much disposed to contend that it was
a servitude. It was no such thing. A servitude was
ono thing, a right of road another. It had nothing to
do with a dominant tenement or a servient tenement;
but the question was whether the road had been dedi-
cated to the use of the public. If it had been so dedi-
cated, why should the public not have the right to sue?
That this was a patrimonial right could nut possibly be
maintained. That it was merely local was equally un-
tenable, seeing that it was impossible to fix the limit.
When he asked the Learned Counsel at the bar to state
the bearing of the authorities on this question of limit
it was said, in the first place, that theco authorities
had not determined the extent of locality
or precise limits, but that the Court had ne-
gatived the right of the subjects of the realm
generally to sue. Now, that was not correct, for
the Court had not negatived the right as stated, and
they had certainly done nothing to show a limit, as
each case was in favour of the pursuers. It was next
said that if the limits were now for the first time to be
defined, it must be to persons adjoining the locality (so
wo understood his Lordship). It was only necessary to
hear the propositions that were contended for at the bar
to see that the question of limit was not a matter capa-
ble of being settled into a rule. And indeed why should
such a rule be established? If it is found that the inha-
bitants of a particular town or district have a right, why
orb ow should any limit be placed on the exercise of the
right because some of them may be beyond an imaginary
circle? It seemed to himtquite clear that any attempt
on the part of the appellant to limit the right to sue on
local grounds had failed; that it was a contention that
could not be maintained. Ho did not apprehend that an
affirmation of the interlocutor of the Court below would
in any way prejudice the question on its merits, for the
question would jest stand as it stood when it first came
to the bar of their Lordships' House. The Noble and
Learned Lord concluded by moving that the interlocu-
tors appealed from be affirmed and the appeal dismissed
with costs.
Judgment accordingly.

SPIRIT of the PUBLIC JOURNALS.
TlslES.—There is all the difference in theworld
be-
tween the use and the nbuse of a model us also bet a
faithful and merely fanciful imitation. In general,
when when the two spheres present. more points ooirc,tentrest
than of comparison, it is better not to attempt;
pre-
tend an imitation, which cannot but deceive. Vico- pee-
. warnings are particularly needed, as it aro': ob-
vious
us,. in the
.very natural and praiseworthy en2deavrosutroa
whin Eaglishmen will always make to transfer the idea
of our own inimitable Constitution to the eases of our
fifty colonies. Here are Ministers telling us gravely
that they are giving a House of Lords to New Zealand.
Why, what is our House of Lards? A House o Lords
is not an institution of a natural nod universal character,
like the parental relation, for it so happensth
does not
noreist
no corresponding institution in the world
that
present the widest and most fundamental differences.
The British House of Lonrodtsiosnthehereation of near 1,000
years, and represents, ut.,o manyet elemelnts ofk
stability and power. t representse
.hereditary and historical prestige, pie() rllersaon.e-hLa ratnh
immediate influences of the Crown and of the dominant
party, payty, military and diplomatic talents, the highest legal
wisdom and probity of tho ago. It varies oven from one
day to another. Enter the House in the morning, and
you will see a legal tribunal; in the evening, and you
will see a synod of divines. On Monday you will find
our great territorial nobles discussing the rights and
duties of property; on Tuesday you will hear field-
•
marshale, ex-govereors, and Indian eommanders-in
chief discussing colonies and wars. Perhaps, however,
the most remarkable feature of this body is not the
variety, but the general paucity of Cie attendance. On
almost any evening you can mention, according to
the written proceedings i
of the House it has been
very busy, and you might mag,ine five hundred
Senators had been busily at work. In fact, hove-
ever, the attendance has never exceeded a
dozen, and has sometimes been much less. There
have been long and important siftings of only three or
four Peers. What is the meaning of this spare attend-
ance? It is that the
.House of Lords works more by its
veto than by its initiation. It has been compared to the
College of Augurs which every now and then interfered,
and on some idle pretence, but possibly some good
reason, forbad further proceedings. The House of
Lords is, in fact, the ballast of the state ship. But it is
the ballast because it is independent; because it is an-
cient, hereditary, rich, and venerated; because it is the
object of an almost superstitious regard; because
it can
throw out half a dozen Bills sent up from the Commons
in one week, and address a strong remonstrance
to the Crown the week after; because a peerage can-
not be taken away, or conferred without weighty
reason. Such being the British Home of Lords—an in-
stitution which many great and enlightened. States have
attempted in vain to imitate—what is the use of pretend-
ing to create a House of Lords in a colony, or defending
any equivocal institution, by reference to the model of
the mother country? S3y, if you please, that there
mat be another House besides that of the reFtsenta-
tivea—that there mint be an. Upper House, or that there
must be a House representing property, legal
offieial experience, and even
into
infltlenee; but to
out twenty respectable
.men. late a rood and call them a
tiouee of Lords is a chimerical and Illusory Echerno. It
is better to start
.with..lut a name, or a model,
that is certain to mis.eau. The colonies them
SCiVC3
are far more likely to.
.know what they net
and whet is possible in their circumstances, than '
are hampered with the ideas we have been
oern and
The
question to, and which we see realised around a,; a,i,
questiaa is, what. do the colonists want? and v
probably the beat judges themselves on that paint.e' arete
As littlease:'i7l
f
course they don't want dukes and earls, because,
first place, they cannot have them.theyt.'jhe
want a House of pure nominees, we should think,uo_.
that the Governor himself must necessarily L seeing
so a House of nominees is wholly have a veto,
Superfluous, In the

5, 1852.

earliest and rudest phase of the British Constitution,
the Peers were not subszantially or generally nomi-
nees; for under the feudal system there was here•
ditary rank and office, there was oligarchical influence,
and there was th© power of combination. • The barons
who extorted Magna Charta were not nominees. A
colonial Governor, of course, v, ill have his council, and
that counnil, for the preparation of measures and the
dispatch of business, will consist of nominees; but tact
is not an Upper House. If a second House is renlly
necessary_ and we do not dispute it—what is more
suitable to the condition of a colony than that it should
he elective? The particular pcttern, or principle, we do
not venture to sug,f,;est; probably it would differ in diffe-
rent colonies; but she Upper House would generally be
elected with a higher qualification, and, as in the United
Sates,
larger constituencies. But let us know cer-
tainly what the colonists themselves want. A skyish
adherence to our own models, and still more, a more:y
Pretended adherence, not enough for use, and enough for
deception, cannot Possibly be the way to permanent co-
lonial institutions.

RAILWAY INTELLIGENCE.
LONDON, BRIGHTON, AND SOUTFT COAST.
A special meeting of this company was held yesterday
at the Bridge-house Hotel, London-bridge, for the pur-
pose of submitting to the proprietors a statement of the
proposed arrangements with the Crystal Palace Com-
pany; Mr. S. Laing in the chair.
Several shareholders complained that they had not
received any statement from the directors with refer-
ence to the question intended to be submitted for their
consideration and approval. They stated that they were
kept in perfect ignorance of the course the directors in-
tended to adopt up to that moment; and, before hearing
what the chairman had to say, an opinion was expressed
by Mr. Herti.path, Mr. Levy, Mr. C. Bell, and other
proprietors, Clot, after hearing the chairman's statement
the meeting should be adjourned to give time for the
consideration of any proposition ho might think proper
to submit.

The CHAIRMAN said, that if after the statement he
had to make there should be any difference of opinion
with respect to it, there could be no objection to
adjourn the meeting, and, in the meantime, send a
circular to each shareholder, stating the arrangements
proposed to be entered into, and the arguments
of the directors in support of their .recommenations.
They were all met for ono common object—to
promote the interests of the company, and it
was necessary they should have a clear understand-
ing of what they proposed to do. Ho also suggested
that a paper should be enclosed to the shareholders re-
questing them to say "Yes" or " No" to the proposition.
That would enable distant shareholders to express their
opinions and save the expense of proxies. There were
about 4,000 shareholders in the company, and circulars
had been sent to them respecting the Crystal Palace,
and he had received but four letters from gentlemen
against the scheme, and three out of the four had ex-
pressed themselves satisfied with a short explanation hs
had sent in reply to their objections. Oa the other hand,
he had received the approval of 600 shareholders in re-
spect of the proposed measure, by their taking shares in
the Crystal Palace Company. Ho then detailed the
circumstance relating to the removal of the Crystal
Pelace. from Hyde-perk, which bad led to the proposed
arrangement with the Crystal Palace Company. He
stated that the site at Sydenham, on their railway, had
been selected as the best and most convenient of 21
other sites in the vicinity of London. The selection of
Sydenham led to a competition with other companies
who were anxious to secure it for their lines, and the
result was that a premium of from 70,000/.
to 80,0001. had been offered to the gentleman
who purchased it if ho would- consent to break
off his proposed engagement with the Brighton Com-
pany, and thus enable him to erect the palace in an-
other place. This offer he declined, feeling that it
would not curry out the object he had in view of choos-
ing the site, and rebuilding the Crystal Palace in a su-
perior style, making it in every respect worthy of the
public object for which it was originally designed. Sy-
denhatn having been chosen as the best site for the
building, it became absolutely necessary for the direc-
tors to take the matter no, and make as good an arrange-
ment as they could for the benefit of the railway com-
pany.—(Hear, hear.) It was first proposed to erect the
building on Mr. Laurie's park, which, on measurement,
was found not to be large enough. Tee only other site
was that adjoining Mr. Laurie's, belonging to the deputy
chairman, Mr. Schuster.—(Bear, hear.) When they
fixed upon that site they communicated the matter to
Mr. Schuster. The first thing that gentleman said was,
" If that is your determination I will not name a price
for the land; I will leave it to independent parties, land
valuers, on both sides, and you shall have tor the Crys-
tal Palace." He (the chairman) would say that if
they secured the Crystal Peleca for their line, they
would have to thank Mr. Schuster for it. In the first
instance it was proposed by the Crystal Palace Com-
pany that they shout(' have a_ certain guarantee
on the capital required; but this was refused on
the part of the railway company, although he believed
that had they done so it would have been but a nominal
guarantee. The directora felt that to do so would be
taking the shareholders out of their legitimate course,
but they saw no objection to making an equitable traffic
arrangement. The Arran Cement, subject, of course, to
the approval of the shareholders, was, that the receipts,
including faros to and from the Exhibition and the price
of admission, which would be paid in one sum at the
London station, should form a joint fund, out of which
would be taken in the first instance, a certain portion of
it to cover the the expenses in relation to the traffic to
and from the Exhibition, the remainder to go to the
Crystal Palece proprietors until they received 6 per
cent. on the capital. In the first place, the railway com-
pany would be allowed 4 per cent. on any outlay they
incurred in providing additional accammodation for the
Crystal Palace traffic. For this purpose a short branch
would have to be made from the railway to the interior
of the Crystal Palace, and to lay down en additional
line of rails on the down line, which, sooner
or later they would have to make to accom-
modate the increasing traffic on the line. They would
have to enlarge the accommodation for that traffic at
London-bridge, which they could do by removing
some offices and by building up the arches from the
ground below, at a cost of 7,000/. They had already on
a part of the line three lines of rails, viz , one line down
and two up. The additional line of rails on the down
line which they proposed to lay down would enable them
not only to accommodate the Crystal Palace traffic, but
their present short traffic. The cost of laying down the
fourth line ot rails would be 50,000/. Tho expenses of
improving and enlarging the station would be about I
25,0001., making together 75,0004, which at 4 per cent.,
would entail a charge of 3,0001. per annum in respect of
the proposed traffic. Ile then stated that an amicable
arrangement had been come to with the South-Western
Company, by which the latter would construct a short
line as far as Mitcham, and there join a branch from the
Brighton line of 241 miles in length, which this company
proposed to lease at a rental of 8201. per annum. This
arrangement would enable them to render unnecessary a
proposed junction from Wandsworth to Croydon, which
would have seriously interfered with their traffic had it
been sancioned by Parliament. By this amicable ar-
rangement the South-Western Company would be en-
alik' to bock passengers at Waterloo and Vauxhall sta-
tions for the intended Exhibition, but their trains could
not come • further than Mitcham without the consent of
the Brighton Company, and the Brighton trains could
not go beyond Mitcham without the consent of the
'South-Western Company. The distance from the Wa-
terloo-road station to the Crystal Palace by the South-
Western Railway would be 15 miles, or about half an
Loaf's ride; and by the Brighton Railway from London-
bridge about 7 miles, or about a quarter of an hour's
ride. .If that online-era-cult should give their neighboursh
a share of the tree°, and accommodate the phsbliecdattothee
west end, he would be very glad, aa
they
t
good friends, and perhaps they wouldra ffifoc
eries:atilitsih satisfied
edftrhomat
they were not excluded from the
the attraction of the new building. Byyth
weouairdranfigrestment
with the Crystal Palace Company the
de-
duct 0,500/. or 3,0001. from the receipts of the joint fund.
The remainder would be divided into
n-
o four parts,
for
the the
Brighton Railway Company would
tho working expenses of conveying the passengers to and
from the Exhibition building, and the Crystal Palace
Company would take the remaining three-fourths until
they amount to 30,0001., which would bo equal to 6 per I
cent. on the proposed capital of that company. I
When the receipte exceed that amount the excess is to
be divided in the proportion of three-sevenths to the
railway company, and four-sevenths to the Crystal Pa-
lace Company. He then showed that if the admission
money, including fares to and from the Exhibition, did
not eseed is.—and it was not to be less—they would I
have for conveying 480
ittat then pe
rateci.al
traino f 66/
d.
.f for e
rt hmeillea
per miles,train, tfepohi
pere:trPa,shedamismacc passengers
mile per
wouldshgi boo an tßs kii
bicgane.
hr,
Lwonas'slsC^l2l-
- per mile
per train. Th. 6d.,
ersctrutih.hEoanointetharnos
ptm,"oenyrye,swtthoruanalindtshi 1 averagee3vlef
t 1 h2eas.
u6rindee.
to the expenses, the average
p'
,r
InonilethPe
Id9' dc.oy cover They
the.
Brightsn Railway was §.s. 9/1.,
st.hledr.,
afore,atid seee %ilea St ha-INIVowe satnecr
(i:
would
othnet
expenses. It was clear that if they travelled b
wlinoeald3,
37, the ordi-
nary trains they would fill the carriages that
which would be also an advantage to the comN‘pereyenapty
then showed that 40,000 pe.sseegers would an-
. no
charge of 3,0001. for a whole year on the ca pay the first
to accommodate this new traffic. That ve piltal required
number of otitd be a less
passengers than the average n
for a single day at the Great Exhibition—trber of visitors
ber being 43,007 persons. When the ea.verage num-
point of the arrangement to receive y arrived at that
the divisible fund, they would receive three-sevenths of
the passengers to and from the ..E,
.tneir full fare for
9,00,000 persons at ls., or 600,000 zoiLition. So that
produce 45,0001., and give
30,6001. at Is. 63, each. would
- P
proprietors, and leave, after
at to the Crystal Palace
them. If 1,000,000 passenger a, addits
pat in expenses, 5,000 L for
he had mentioned (600,000) . ion to the number
the railway palm—
r Would were conveyed in the year,t
of 32,0001., and the Pal-co Cons:
an additional sum
then stated that the att; e • monpaey also 43,000.
01.D'
ll} de-park had given then "I°3 of the Crystal Palocl in
25,0001., and he thow-'a.additional trellis in
1 0 that
they would have 4
jet it reaFonable to supe; fares
from other parts of th IlL'.e •
Dortion cf traffic at fall fa`
at Sydenbam, ind eir lane to and from tament with
the Crystal Paleee Cnizependeut o! the arrianns)
d out olher
sources of traffic whichpan-y.tdlibe:alsto !led u by the Exhi-
bi:ion on their line, n
eeevitohubeentered induced
into an eluborate
and gloving description o' we,-11ELt i
was intended to be ex-
hibited in the new building, anti the admirable manner
in which everythino• would be ca-rangedt and classi-
fied. He considered that a large traffic would be derived
from it without any risk whatever. In conclusion, he
stated that if the majority did not approve of the ar-
rangement the meeting could be adjourned, and the
mattery.r would be submitted to the proprietors at large.
Ile then moved a resolution to the effect that the
arrangements entered into with the Crystal Palace Coln-

(11a,
-

I~`~
,~

r
pany be, and are hereby apprcßicViairl^*!thopizin,,,sh,
directors to carry the same into. effect, - • 7
Mr. HERAPATEI was of opinion, -t4ai kretr i
carried the resolution it would be ilf?Tgal.—•-
They4ould
not carry out the propossd amigo:dente F. Act
of Parliament.

Mr.-LEVY raid he did not approve of the scheme. Ha
held 300 old shares in the company, and had always a
high opicion of the chairman until he appeared at the
head of the Crystal Palace Company. He feared that
he would now mislead them. He could assure the chair-
man that he would rather vote him 1,0001. a-year in
additive to his present allowance than he should be
engaged in any other undertaking to divert his attention
from their interests in the Brighton Company.
Mr. HERAPATH thought it was utterly imnossible for
any man to follow the chairman through the mass of
figuees he had quoted. It appeared, however, that their
enntal account was to be ope Led, and 100,0001. added to
it by the present scheme. As far as the Crystal Palace
was concerned he had no objection to the traffic arrange-
mAlts, but as to reopening the capital account of the
Brighton Company he felt that it was his duty to oppose
it by every means in his power.—(Great applause.) He
agreed with Mr. Levy in understanding that the chair-
, man was to hafe devoted the whole of his time to the
Brighton Company in consideration of the 1,500 a year
which he received, and he (Mr. Herapath) would rather
give him (the chairman) an addition to that sum than
that he should give his time to other companies, which
might act vrejudicially to the interests of the Brighton
Company. He begged to ask Mr. Schuster two ques-
tions,--first, respecting what he (Mr. Herapath)
had t heard from a respectable quarter that Mr.
Schuster was the real purchaser of the Crystal Palace,
Mr. Fuller being the nominal one. lie (Mr. Herepath)
wished to know whether that was to or not ? Secondly,
from two different persons, unknown to each other, be
(Mr. Herapath) had heard that he (Mr. Schuster) had
solo, or agreed to sell, property to the Crystal Palace
Commy for 120,0001. which cost him (Ur. Schuster)
only about 30,0001.; he wished to know whether that
was so or not?
Mr. Scaus-enn emphatically denied that there was one
word of truth in any part of the statement, and said there
was not
A,"210t a word of truth in it from beginning to end.
Mr. . BERAP
forthe
themich
purposet of sameof
te lluproar,telling
saidm
r
that he merely rose.
Schuster that as he had emphatically denied the truth of
the effect the statement, he (Mr. Her
shareholders man ho was bound to believe him.
Herapath) thought as a gentle-
Mr. C. BELL quite agreed that it would
be adjourned for three Rbekt;;
to follow the Chairman th a
He proposed an toamendmenttoug- a long detail of figure&
theeaQehd in the meantime the
of the subject they propose to submtt
Mr. MAWDSLEY had been inducedthat the meeting
. to
dbeer
become
beimpossible
estatementa sh ar e
directors to send round to
in
accountthe
b Brightoneing
closed.
Re
eshare in a
hc!
railway
idiwteaarly
ldlahstarCehrainsytmthais4g
speculation, and had never held
to do
cwithh deeply.
ther. -
atou -
sly avoided
athneyyusnhtoiul
re-
gretted ethomatp
Crystal Palace scheme, and hoped that the
would not continue to be chairman of both companies.
He (Mr. Mawdsloy) would rather increase his salary,-alleii
that would induce him to devote his services i
exc ustvely
to the Brighton Company.
A long discussion ensued on the propriety of opening
the capital account, as the effect would be to reduce the
value of their shares.
The CHAIRMAN said, when he joined the Brighton
Company the stock was at about 55, but it was now
nearly doable that amount. The traffic was 450,0001.
per annum, but was now eOO,OOO/. per annum. lie had
brought the working of the lice, with the aid of the
officers of the company, into a system which enabled him
to devote some time to the Crystal Palace Company, and
ether matters connected with the interests of the com-
pany. He would not remain at the board unless he was
supported in his management by the majority of the
shareholders.—(Hear.)
After some discussion as to whether the meeting should
be adjourned, or a new meeting called,
The amendment, proposed by Mr. BELL, adjourning
the meeting for three weeks, and specifying that a state-
ment of the scheme should be circulated among the pro-
prietors in the meantime, was carried by a majority of
14 to 10.

Mr. SLIGHT, sen., demanded a poll, which it was an-
nounced would close on Monday, and the meeting sepa-
rated.

CORNWALL.
The directors of this railway appear to be in earnest,
and to bo determined to make up in energy for the fu-
ture what there may have been wanting in the past.
The West Cotnwell Railway will be completed in August
next to Truro, and the directors of the Cornwall lino
have instructed Mr. Brunel to obtain tenders from con-
tractors for executing the line from the junction of the
West Cornwall at Truro to St. Austell. By this means
the whole of the mining districts west of St. Austell and
St. Blozey will be brought into immediate connexion.
The revised survey of this portion of the line has long
ago been completed, and parts of the work were then
commenced—reasons whHa have probably influenced
the directors to proceed with that portion of the line.
Glennie, of Plymouth, also immediately go
carefully over the ground ;rum Truro to Falmouth,
where the chief engineering difficulties exist, so as to
determine en the best way of going through that part of
We country.

With the Cornwall Railway proceeding, and the West
Cornwall nearly completed, and with a line in embryo
from Plymouth to Tavistock, there is at last good reason
to hope that the west of England will, ere long, esijoy
some of those great advantages which hare been expo-
rieaced in the north from the development of railway
commualcation.—Eyniouth Journal. _

RAILWAY SHARE MARKETS:
BRISTOL, Jurrr.4.. _

STOCK EXCHANGE. —The share market presented an
im-
proved appearance to-day, and prices generally had a ten-
dency upwards. The transactions were as follow.—Bristol
and Exeter, 90A—Great Western, 91 ;zg —Taff Vale, 1581/•
LIVERPOOL, JUNE 4

Stter EXCIWIGE.—We have no improvement to notice
to-day. The transactions have been very limited, and prices
varied little from those which have been quoted for the last
few days. The sales reported,were—Birkenhead, Lancashire,
and Cheshire (late Chester and Birkenhead ),18—Birmingham
and Dudley, 30,4—Caledonian, 18,i—East Lancashire 17 iii
Lancashire and Yorkshire, 71,'y—Ditto, Fifths (West Riding
Union), 4 1-16 dis.—London and North-Western, 122
Midland, 6714—Shrewsbury and Birmingham (B), We—
Oswestry and Chester, 13 —South-Ea.-itern and Dover, 20543—
York, Newcastle, and Berwick, unpaid-up, 2 15-16 dis.
BIRMINGHAM, JUNE 4.
STOCK EXMIANG.—The business to-day was very limited.
The only transactions reported were—London and North-
'Western, 122—Shrewsbury and Birmingham ( A), 7%.

THE ELECTRIC TELEGRAPH CO2 -

PANIES.

, Mr. Baldock,
Yesterday. on the re-aesem- Wing of the Committee—
, Earl, and
Miller were examined on points of scientific technicality,
RMil.hSttilanollley. ,Laonrdd
mllor.thwamcs,t_EmarlesJsresr.mGyinipin
in ono of Lis usual sole I°f
after which
Mr. Hope, Q.C., on behalf of the Electric Tcle,raph
Company, summed up the evidence against the B 11-
oCv7r.patnwyo hours and a half, she
.addresses,
meant of space, may be
to what ho termed the unprecedented and
wet the
cenli
d, Britishinf o gr
as directed
ter of the powers proposed. to be conferred penal charac-
before the Committee—unprecedented
graded the compulsory powers to 'and Penal as re-
'railways, as well as in the item of interfere with the
Hay, which, if conferred en 0 proposed
indica'ted e be.ads of
limited lia-
should be extendedisimultaneously telegraph company.
Counsel drew the attention to all. The Learned
tho
want of a subscription contract,o- Committee to the
of things disclosed in tho evidence
and satirised the state
been no telegraph laid down since 1850, asserting that
Competition in matter a solution to the enigma.
the present case w-
,Juld
3 generally was a delusion, bat in
between th© parties be creative of continual squalls
the and if
competition in any shapeand railway companies,
of telegraphs it would were carried out ia the matter
been suggested,
of be the alternative one that has
a route by the old coach road.
Mr. Sergeant w
The Committee
___ then adjourned until Monday, when..
rangban2, Q.C„ will reply for the British
Company.

ASCOT RACES
[ADVERTISEMENT.]
valuable, newly-invented, • AND THE ROYAL EXIIIBITION.--A
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pocket ;;lass, the'snivzeenctld a walunrYt, s
walnut, byin which a person can be
seen
nand
known li miles distant; they answer every purpose
n the Race-course, at the Opera-houses ; country scenery
3
and ships arc clearl •
seen at 12 to 14 miles ;:they are invaluable
fur shootin,, deer stalking, yachting, to Sportsmen,
Gentl
S. -"eme,4;Gamekeepers, and Tourists.—Ts be had at Messrs.
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will show distinctly, Jupiter's Moons, Saturn's Ring, and the
Double Stars. With the same TeleseVe, weighing only three
ounces, can be seen a person'scountenance 31 miles distant,
and an object from 16 to 20 miles. They supersede every
other kind for the waistcoat pocket, and are of larger and all
sizes, with increasing powers accordingly. Opera and Race-
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with wonderful powers; an object can be
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14 to 16 miles distant. Messrs. S. and B.
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immediately they are placed before imper-
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[ADVERTISEMENT.]
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self- destru
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in
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THE NATIONAL GALLBRY.—T Two valuable pictures.
purchased at the sale of the l
and at another sale in pate Marshal Soult's collection,
)
the National Gallery,aril',
on account of the trustees of
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Palms Vecchi9. Ohe'lelwl'itian, and the other: 1)A •