Chicago Daily Tribune Newspaper, January 9, 1873, Page 1

VOLUME 26. REMOVALS. . RPREMOV.A L FASHIONABLE FURNITURE ! . W. STRONG FURNITURE CO, E66 & 268 Wabash-av. 821 Wabasheav, * Omicado, Jav. 7, 1873, On tho 8th instant tho British Vico Consulato will horo- Aoved from abovo addrossta 135 LaSnllo-at., northoastcor- borof Madison, JAMES WARRAOI, British Vico Counsol, "REMOVING. On and efter the 8th inst., the of- Hces of tho Anchor Lino of Steam- ships will be at 1563 and 166 Madison- at., corner of LaSalle. HENDERSON BROTHERS, ACTEN TS ___ BANKRUPT SALE, % BANKRUPT SALE Manufacturing Establishment LAPORTE, IND. ¢ By virtucof a decrooof tho United States D[nlr{nfl! Bourt for the District of Indlana, tho undersigned as As- igoeo in Bankruptcey, will soll at puhlic auc:ion at tho ourt Houso door, 1n tho City of LaPorte, Iudiana, at 13 pllockc mnor, qu Monday, the S0th day ‘of dnnanry, 167, ts 4, 16, 1hd 67 fu tho hriginal mrvoy of ‘the uaid Oity of LaPorte, togothor with all tho bulldings, improve- monite, and fixtiros theroon, and all lumbor, matorlals, and (urnituro fn whatover ‘stago of manufréturn, fatoly owazd hy tha LaPorta Chair and Furuituro Manufuc, turing Company, baukrupt, Tho wholo proparty, rexl and lmunlml of said Company, fn any way conpected iih lts manufacturing busiicss, s to bo sold as an cn- roty. ¥ Fclina of salo: One-fourth ta 3, ono-fonsth. ta 6, one. fourtl in 9, and one-fourth tn 13 monthe, il to bo securod vy notos uble fn Bauk with amplo personal socurdty, “Tig pecolpn af nay ion holdor wicao'clati suny b ol Towed by wald Court, will bo recelvabio on account of the ‘purchase money, "A cextiticato \ill b gisen to tho purchinaac, and, on tho malo belug confirmed by tho Court, a deed will be given, snd mortgago taken. JONN SUTHERLAND, Assigace, LaAPoRTE, Ind., Jan. 7, 1313, 70 RENT. OFFICES IN THE L ) L] » Are nearly flnished. yet untaken. Fire-proof, Soveral are with . vaults, English tile floorsthrough- out. No offices in the city equal these in every first-class respect. Plans of the Tribune Building can be secn at the oflice of W. C. DOW, Room No. 1, Nevada Block, FINANCIAL. The Onited States Norfzags . Loans in Gold, or C: 3 4olans in,Gold or Gurrany, on Dond sud Morigago of ‘Withont Oommission and on Long Timo, ROOMS 2 & 3, 8. W. Cor. State and Madison-sts. ALFRED W. SANSOME, Secretary. DICr Businoss mon hiavingovor due claims n oll parts of the goutey will eoognlzai advaniazop wo offel for “olr eollectlon, upon Investigation, No charges If not collects «d. Noattornass fous 18 aults. Cnil or sund for clroular. FRASIERS” Mercanttlo’ ulloction” Ageacy, 1o East 500 STOCKHOLDERS' MEETINGS. Offico of the Atlantic & Pacific Telegraph Co., 81 BroADwAY, NEW YK, Jan. 8, 1873, NOTIOE-Tho Anual Meoting of Stockholders of this Compan; il bo huld at tho abovo-nawod ollice on ‘Wednesday, 29th tust., at 1 o'clock p. 1., for the election of Mrupioua tor tho diwuing year, ainl “¢onsldoration of such otbor businoss as may bo fu order, Teansfor booka will ho closed on &l ud reoponod on G0 tnat. By erdor of Exeoutive Committy AFRED NELSON, Soo'y. Election Notice. Tho annunl mentine of tho stackholdars of tho Chlcage Gas Lighit & Coko ompany will ho old at. thy oitic of the Company, oo Mondsy, Jan, 13, botwean tho hour of Buud 4 p. m., for iho slocton of Diroctars fo rervo the ensuing year, and tho transaction of such other businoss A% may come belore the mooting, JANES &, BURTIS, Socrotary. STOCEKHOLDERS’ MEETING. anual mosting of the stockholders of tha Towing Company, for the uleoilon of Di- otors will bo liold at 352 Souch Water.at., Tucsiay, Jau. 41813, at L o'olock p. .. aharp. JAMES L, HIGGIN, President. NOTTCH. Th ananal meatiug of tbo stockhuldars of (ho Filth E' sl Bank of Olieage, e tha oleeilof: of diraoions e eusulng yoar, Wil by hold at the fer of said ik, (o Caliso, o Tucsdey, Jau. 14, 1813, letwoon the ourOBRBIBY. we S A : Oboniy_Une, 10, tefii 0 O FOMBATD Gashior. FuUurnituire. JONN KRAUS, 210 Hiuo Ialund-nr. Grost Clostn, at Balo. ~Intonding to dlacontinga thi rutall branol of y busiuass by the first of January, 1333, and to dovota mysolt only to tho manutaoturlng ani whslesalo (cado, 1 ganolfor ta tho il o o s’ Purfinis, Ulaibor 3 6 du al'greatly redncod Dol doii it AV Futifoure Mdwitacturor, MISOELLANEOUS, "AMANDALINE Cures Ohappad Hands and Lips, DT O, Tho Anaual Muoting of tiws First Untuaclan Boofoty will ba liold In Marting's 1all, corner Tndluna-av, aud Twon. ty-sccund-at,, Huturdny oviuing, dau, 1Y, 163, ot 149 o'clock. By order of thy Trusteos, 4 ¥, BINGLAIR, Socrotary, NOTICE . QEORGE M. TISDALI withdraws, &3 & mombor of n\‘l_r_l_lun, this date, ULISB, MOORE & CO. T uary 1, 170, ‘No Partners to Divide Profits, e Ohicage Dail CHICAGO, THURSDAY, JANUARY 9, 1873. GENERAL NOTIOES. NOTICE TO ARCHITECES AND FROPERTY OGRS e e AL L AND HIS PATENT LIGHTS AGAINST Edwin Lee Brown. Ihavo omplayed 8 A, Gooiduln, Tag,, to iiog sult agalnet M, Brown, to deprlyg him of poora ho fe using to intimidata tho public and ** npair" tho rights of my Now York Liconsoos, ~Mlr. Hrown hns suod ‘Grawfard, Chamborlin & Co, far solling in Chicago llEhll manufrg. tured ln Now York by “cc scs, aud by me UNDIR AUTHORITY "AND PROTECTION OF THE VERY PATENTS whioh Mr, lirown himself olaina to. work wa - dorll It I conld atato tho fact without appoaring egotis- tlea), Tationld 1iko o toll tho publia. that. (o vory gxint= endo of Patont Lights and Basomont I5xtonsfons {s wholly Aug tomo. Tho industry on which Mr, Brown has grown rlelt§ whigh consumen ita millions of pounds of iron and glass yonrly; which gives 1‘0 thao nl!{ of New York not Joss {pan n, dusctor (moro likely s HALI) MILLION OF OLLARS overy yoar, as the product of her 3 por cont fax on thio tnoroasod valuos of rani osiuto crontod by my {mvontion all thin, I way, 13 duo {0 me, And {0 mo- onlv: Soven long yours did I valuly searcly through that, groat elty to itnd tno singlo man whn would wivo 4o & OMANGO to #how thio valuo of spaco bonath {hie. sidowalie, thon only us2das gonl-hiolos, Ten long and woary yoarsdid T tall bo- foro tho public consonteri to accept the factas FIXED, In tne { alrty yanrs of my lifo gisan fo this invontion, v Dot aoon ablo to oarn na much as Now York Cily gaina {fro'a it in ono llnlfllu year. But no mnttor. Inventors aro arturally tho coml-Tisnola of tis'raco; ‘succoodin & snoration bullding upon tho skelstons'of the other; an: oy shuuld accot tholr ato, ut Ar. Brown is. tiving tocomoa littlo too_ much ** bull T eult sgainat Crawford, Chamberlin & Co. §s, in fnct, n suit against mo._As this is in violation of the compnot, hotwocn us, Dia‘wrong dofng torminates tho contract, and 1 an dectary itz ana I'hiorabs notify tho publio that all tho righte and priviloges hitherto onJo{u by safd Drown, in virtue of and undor hiscontract of 21st Novetbor, 1860, or covning out of and aopondont upon if, have now rovortod to K. A. Lako, tho ‘\m!entnwnnr of tho patents, to whom fron: this data all royaltics and patont foos justly belong, and wha will assert in the Courts a claim thoroto, It is only {ustico to mywolf ta stata tho fact thatMr, rowir's caitrso toward Grawlord, Chamborlin g Coy wio lm 'Al\;l hfil‘"{t’i‘h;‘ in K%Nl:ngfl, and ‘l“"fn tho ::tlflll:‘h"n * legal Flght b o 0, Tins grown out of miy nttompt (o !flll.‘l DOWN THE PRIC] O'Ril'{‘nnnlf:ug‘irl .A'ln"l' Attornoy for. I, A. Lako, ownor of the patents, niro picehaser of tho Hfocnso and sucocssot to Tewla X, Case, e hopeiate Tk AN Jlecnrs 1 atonta NEL 0 N N "AS VE] HEARD OF. THIS RIGIT OAN'T BE SHAKEN, WASHINGTON HEIGHTS, A meeting of all intorosted in tho Heighta will be hold at 2 p. m. Wodnosday, Jan. 15, 1872, at Room 11, Chamber of Commerce, to consult about a Military Aczdemy, aad La- dies’ Sominary, to be established in that vie oinity. BLUE ISLAND LAND & BUILDING L, P, HILLIARD, i GEQ. I CLARK, i Aud many otuers, REAL ESTATE. Clioice Residance Lats O Smth Park Bowlevard, O Egan-v. (Thirtgainthst), | On Okwood Boulevard. This beautiful property }os just outsido tha south ity limits, and poesassos evory advantago that could be do- #ired for realdenco purposcs, { PRICES LOW. Terms Remarkably Easy. ‘This property {8 50 boautlful, o woll luarted, 8o chean, snd so ccrtaln to advanco rapldly sud largoly in valuo, that it nood ouly bo scon to bo appraciated. Tho attentlon of bullders is espoctally oalled to it, as woll as thoan looking for Invostmonts in properly that will bamoro in domand in tho spring than any othor, Title bosond question. J. EASIAS WARREN, 18 Chamber of Commerco. PRINTING. H.B.HORTON, (Succossor to HORTON & LEONARD). BOOK & J0B PRINTING Greatly Reduced Rates. 10 North Jefferson-st STATIONERY, CULVER, PAGE, HOYNE & (0., Wholesalo and Retail Stationers, BLANK BOOK MAKERS, PRINTERS. And Publishors of Commercial and Law Blanks, 118 & 120 Monroe-st.,Chicago, nsite ald P. O. Bullding. SHEET IRON, &o. Chicago Pias and Bar 3 Compay, Manufaoturors of Sheet Iron and Boiler Plate, Office 762 Wabash-av. “Will purohaso in ton or cat-load 1ots Caat and Wrought Turnings and Bgrinas, Heary and Light Cast and \angflt Scrap. JOH.N!\L AYLR, Presidont. BUSINESS CARDS. A. O, Slaughter, BANKER, Gorner Olark and Madisonats. Huys and solls Stooks, nds and Gold. Ticoolves money on depasit and trans- Goneral Banking and lirokerago Business. 8. CORNING JUDD, W, FITZHUGH WIITRIOUSE, JUDD & WHITEHOUSE, Counsellors-at-Law, Temnorary Oilico, 43 Gonteal Uninn Black, Ohloas COPARTNERSHIP NOTICE, CO-PARTNERSIIIP. Tho undorstgnad have this day formod n co-pactnership asdoalors 1n fron and wood working machlnery, steam onglnos, rallroad and machinlata supplics, assuming tho Habllities and assots of tho old firm, 'Fhe firm name to bo known as W, A, JAMES & ROCHE, W. A, JAMES, J. A. ROCHI. 0, dan. 1, 1873, Chicago, Burlinglon & Quiney Rallrond Saipping Ra- ‘fho_tindor wil Uo sultably rawardsd by solpt Mook, LOULVER, PAGE, 1HOYN! Touving 1812 at our otiigo, AC0% MR BN on FURS, Of overy description, Fur Bobes, &, ot MANUFACTURER'S 3. BARNES & CO., 104 Fust Mudison-st, = “MEETINGS, DMasonie, "Pha Aurual Gonvocatlon of Chluags Counofl of P, of J, for th clealion of ofticors, and othur bustuesy, will bo Fait Sl it o clor Cornur: ot Thiatou fud N dulpl-ata, Thyrsds lng at 735 o'ole By urdor, b s By ek B | THE STATE CAPITAL. Convening of the Twenty- ninth General As- " sembly. Partial Organization of Both Houses-—No Business Transacted, Governor Palmer Will Present His Valedictory Mes- sago To-Day. Full Text of One of the Ablest State Papers of the . Time, Speculative Gossip Concern- ing the Presidency of the Senate. Special Despatch to The Chicago Tribune, THE OPENING DAY, . + Bpnmyarierp, 1L, Jon: 8.—The two Housos of tho General Assembly met to-day at noon. There wes o large nttondance in tho gallorios and in the lobbies, including somo ladies. The mem- bara of tho Houso were nearly all in thoir places, and’ looked to be an intoelligont body of men. Tho samo may bo aaid of the Senate, n littlo of tho diguity that comes of suporior age being added. BATTLE OF NEW OBLEANS. The Sennto worked until somebody who re- mombered the Battle of New Orleans, offered o motion fo adjourn out of respect to the ovont. Tho ronolution was postponed until tho scats wore drawn, when Genoral Jackson provailed. Tho House never thought of New Orleans, and adjourned without doing much to await tho report of the Committoe on Credentiala. TIE MESBAOE. The Governor replied to ihe Senate Commit- too nppointed to wait on Lim, that he would communicate with tho Bonate at 10 o'clock in tho morning, when his messsgo will ba read, and aleo prononted in the Houso, . “RESIDENOY OF THE SENATE. The fight for the Presidency of the Sennlo woxes warm. Early is relying upon bhis formor sirongth too confidently, whilo it is olipping away and being absorbed by Shoft, whoso fricnds are working like bonvers. Short has gained wonderfully since yestorday. e has made a good impreesion, and, if tho contus! ig rotracted, stands an oxcellont chanco of vie: ory. Ahreo of tho seven Republican Sona- tord from Cook will vote for him beyond doubt, and it is not unlikely that he ~will wiu the othors. Ho is also strony in the coutre of the Btate on tho ground that that soction nover lad n Btaio ofticor. DBurnes is sure of whatover littla stréngth Yayor possessed ot tho outset, but it is not avlo to clect him, Btill, ho is in tho field, and will probably fight it out. Banford's candidacy is too late, and not sufficiont~ 1y positiv {o loava an jmprossion. Hampton, who hankera for tho placo, was made Chairman of the caucus to soothe his feoling, on finding that l:ha highor Chairmanship wea besond his roach. COMMITTRES, Mr. Cullom has been much sought after by porsons anxious of standing high on the coni- mittees. He has givon no indications of his intontions, but it is_protty cortain that Bn{ or Bushnoll will get the Judicisry. Thae quostion of location inforferos somowhit with Hay, aud e is porfoctly willing to give way to Bushnell, Whom bo profers to Shaw as on oldor snd more oxperionced lawyor. Shaw's frionds are not without hope, and emr!lalauuy push his claims. The Obicsgo memboers aro not asking much. Tha{ aro quito modest in their domands, Bradwell, Rountrce, and Wickor aro the men Hkely to go‘ committoos. Mr. Hesin; is tryiug Lo lufluenco tho appointmonts, wit what success {8 not known. Thoro seoms to bo 1o chango in thoe programme of the Senate Com- mittoos mont yesterdsy, excopt that Caulfiold does not desire tho Revonue, and Burns doos. If Burna does not sucesed, it mny dovolve om ;Jl'lmmpnou, who would profer it or Municipali~ 08 RIBERAL CAUCUS, = The Liberal Senators held an fuformal caucul bere to-day, and talked over tho Senatorinl question. 'thoy wero somerhat displonsod with tho Houge caucus, bocauso they were’' not con- suitod, and conceived that an aftompt was mado to dictate to thom, it being unusual to mako a Sonatorisl nomination_oxceptin joiut cauous. They dotermined to call such n mooting at n fu- turo time to tako action in tho mattor. v FEREONAL. Governor Oglesby bas arrived. AN ABYUID OANARD. Therb was an absurd report ciroulated to- night, whichdeceivad tho crodulous to the effect that the Governor had npponutod a man named Dob Kirkham, from tho Bouthern part of the State, and Jonathan Young Scammou, Railroad Comlssionors, The Govornor would not ap- point Kirkham to any office, and Sonmmon would have no botter chance. Tho truth is, tho Gnv?mm: doos not intend to mako these appoint- monts, Dr. Canisus, of Kano County, is announced 08 nnothor candidato for the position. A OANAL SCHEME, Thero is a Lill horo to-night. by roal-ostate spoculntors, containing ono soction Which pro- vidos for connecting tho Ogdon with tho Ilinois & Michigan Canal, admitting the Dosplainos River to tho lattor, and driving ita water back into the Chicago Rivor, e gt LEGISLATIVE PROCEEDINGS. BENATE. SrriNerieLp, I, Jan, 8, e Bonato met at 12 m., Governor Doughorty in tho Ohair. Tanyer by the Rev. Mr. Halo. John M. ‘Adair was chosen tomporary Socrota- ry; Jamos Cooloy was solected .Horgoant-at- 8, B Tifly Bonators snswored to tholr nimes on roll-call. Absont, Mr. Crews. A communication from J. A, Afpuraon, siating that ho would contost tho kot of Charlas Vorls, was rocoived and tablod. The following oflicors woro olectod: D. A, Ttay, of MoLean, Scerotary; J, IH. Paddook, of Koukakeo, First Avsistant; O, D. Kondall, of Oly, Soand Assintant; Samuol Parkor, of Mar- shall, Third Assistant; A.J, Aldon, of Pope, Bhaw, Jaques, Oborly, and Sherman, & Commit- teo on Credontinls, A motion to adjourn was loat, Mr. QUINN, of Pooris, offorod a resolution to draw monte. Tulod ont, Adjourned. . ———— GOVERNOR PALMER'S MESSAGE. BTATE O% ILLINOIS, EXFOUTIVE DECARTMINT, SYRINGFIRLD, Jan, 8, 1870, 16 the Seniato and Hovss Represenlitogs: Yy tho Gonstituilon, it fs mado tho duty of tho Gov- ornor, ot tho commencemont of 6ach ncssion ond at tho closo 'of hi torm of offico, to give to ko Genoral Aasembly {nformation, by message, of tho condltion of 1ho Biato, aud also to rocommond suoh mossures as Lo shall deom expodicnt, It fa nn oasy and pleasant tank for n rolizing Govornot of the Stato of Tiltnofs to invile tha attoution of tho Goueral Areombly to o ovidonces of dovelopment aud Drogress that mark X THE CONDITIOR OF TIIE RTATE, Tho cities nnd towna that ndorn the storen of the rivers and Inkea and dok the prairica aro Incroasing in nopulation and wealth nre in process of construction that will, whon comploted, connoot the remotest and most fsofatod districta wilh tho centres of commerco. Tho manufacturing interests have beon oxtonded aud incevasod, tho farms ond orchards snd vinoyards woro during tho past year productve, ond tho monus for tho supply of thio actunl wants of tho population aro moro than usunily abundsnt, In il tho moterial clomonta eszontial to ity fulure growth and prosperity, tho Stato of Tllinofa has nothing mora to deairo, Nor can It boassorted that tho peoplo of tho Siato hiavo boeu unmindful of thelr social, dutios, for pubiio provislon for {ho cducation of all iho children of tho Stato In nlready mado, ond wilt horeaftor keop paco with tho ndvancing publlo wnts, Whilo fnstitutions intended for tho purpioscs of adveneod cducation snd bigher culture aro Increasing o ‘mimberr, and aro widening tholr flelds of uscfulneas, and altliough our gonoral ystem for tho caro of tlia poor nnd pormna- ncntly helpless classc {a not complota, nor yet entirely Ratinfactory §n 1ts mothoda or roaults, tho pooplo of tho Stato havo cheorfully submitted o &1l taxos impored upon them for that class of objocts, and hava gono be- yond {helr representatives in domanding thnt nothing Toquired by tho most onlightoned humanity for tlio rellef or malntennnco of {ho objeats of publlo charity stall bo loft undono, 1t {s with tho moat profound aatisfaction that T am ablo to sy, that notwithatznding my extensive inter- courso with tho peaplo.of tho Stato during my oflicinl term, I hiavo nover heatd from any person a murnnur ngalnat any tax actually Jovied or proposed for fhe bonefit of tho afilicted or hiolpleas; and tho ropresenia- fives of Uho peaplo tn tho Genore! Asserabiy, tro Lo tio spirit of thelr countitnenta, nvo beon always willing to appropriate as much money for tho samo objoct a3 they could bo satiefied would bo wisely oxpencad. And with qualifications and excoptions to which I wili hiereafter agnin rofer, tito criminal aud ponsl lowa aro enforced, and peaco aud ordor provaila throughout the Siate, A RETRORPECT, In my niessego (o tho Genoral Askombly of Jnn. 4, 1871, T lind occaelon to apocify & numbar of instances of Violenco by mobe, and I regret to bo compelled (o #ny, that since flnt timo other, though fower, outrages, of & similar_character, havo occurred nt differen pointa in tho Blate, In’ semo of {ho cases that havo con reported to mo, tho acts of tho mob were dono openly and publlcly, and §n ono case, o band of orued and diegnisod men abnssinnted & poaceful cltizen ot hin home. - In each of tho cases reported to me I offeradn Toward of #1,000 for tho apprehension and couviction of the guilty parties, Yerhaps o are not permilted to hopo that tlie Stato will herestlor bo entirely exemplod from oulbursta of pophlar passion that wlil overrido rcason, and justice, and law ; nor can b bo expectod (hat deslgning or mas ligaant mon will not ho fonud who will o able to nvail tliemaclves of somo pretoxt for organizing aud direct- ing tho passlons of mobs, or who will seizo upon ac- cailons of pnastng fronzy of tho publie mind and pre- cipitate tho commission of crimen : but frowm ovidences afforded me, 1 am porstiaded that fho people ofnll parts of tho Btato'nro {mpressed with tho conviction, sup- ortell by thio oxperlonco of somo localitics, $hat moby Seinoralizo and deprave tho_ puti consclenco, and promoto tho commieslon of orimoy, Womey {herefore Fop0 that examples af mob autragos will be bereatter Tara fn {ho history of the Slate. b CINCAGO ALL mtouT, From tho language of the newspaper preea and tho reporled exprosslons of cilizens in public meotings, thie peoplo of tho Stato havo been led to opprehiend that erimo and disorder 1ag incroasod in tho Olty of Chl- cago and other Iarga cltles of tho Blate, Afior having given much abtention to tho facts of flio More ngyTa- nted offences roported to havo beon perpstrated in Cliicngo, 1s well 83 to tho gencral condition of tho city, 1 um catisfled that many of tho roporta that lavo lus fluenced {ha publio bollef ato cxrggerated, and that cousldoring the_extraordinary citcumaiance of tho al- mont olal Ueairuction of 1ho clty wititn it wmora than o year past, sud tho _great intlux of population from ¢ >ry quurlar, tho lawa nre enforced and ordor {s 08 well malntained in Chicago as in othor groat cition of thocauntry, 1t s {rus tint somo startiing oxamplos of fraud in commorclal circlen sve oocutrrod in Chicago that aro In their Influence more disastrous to tho mor- als, tho busineas, and tho character of the people of the Biate, thau in 'tho aggregato offcct of many minor offoutes, ad tho paztics implicated In_ them aro il unpunishod. And much oppositfon Las beon made to the enforcoment of the lawa relating to tho salo of in~ toxleating liquors, aud to keoping open pubiic drin) ing catablislimnont on tho Sablath, but the commercial Irauds referred to aeem to Lo but characterietic of the period, and tho cantroveralea in rospect to tho Tiquor and Buudsy laws can produco 1o mischief whila con= fud to tiouse of logal moans for tho maintenanca of el or supposed righi, or for Intlusucing publlo op- on, TOMIOIDES, Eorolling and Engrossing Clork; H, 'O, Ballard, of Cook, First Assistant Lngrossing Olerl William A, Moore, of XKano, Sorgeant-nt-Arms A, Malone, of Christian, Assistant Sergeant~ -Arme; O. A. Btaples, of Bangamon, Postimas- tor, Attor drawing for roats and adopting a rosalu- tlon rocognizing tho 8t of January, the Senate adjournod, JIOUBL. ‘Tho Houso was called to order at 13 noon by Ton. Edwin Rummel, Seorotary of Stato, Prayor Ly Hov. M. Ttead, My, JONINSTON, of Rook Tsland, nominated }Iou. ‘John Thonus, of Bt, Olair, ne Sponker pro lan, No othor nominations holng mado, Mr. Thomaa waa conduoted to the chair by Mossrs, Middle- coit, Hawes, and Moflitt. Jumes M. Magio, of Fulton, was elected for Temporary Clork. A fozolition by Mr. INSCORI, of Union, ap- pointing W, B, Pike as Asslstant Hecrotary, Jon- Tihian Tioggs Doarkopor, John - AL, Camgbell Bocond Assistant Doorkeapor, wea adopted to govorn Uie tomporary organization, Tho BPEALKER appoiutod Messra, Carpenter, The extensive scceplanico of tia illet that crimes, eaneclally thoso of & homioldl claructor, Lavo fnercats ed in froquency, hss led to {ho suggestion of many chianges n tho law, with o view to 5 Femody, “Tlio ohanges mot frequently fuslsted. upon may bo alated tobo: 1et, Tho oboliifon of tho Grand Jury systom, and tho sibstitution for oa iudietment of an accusstion to bo preferred by tholaw officers of tho Staa, 2d. To tak from partics chargod with crimes tho right to o change of venue, 3d. To disallow chal- lengew to porsons upon tho ground of an_opinion formed upon information oblatnied from printed pul- lcations, or, s somo propons, without, xegord to_(ia source ffon) whonco tho information fs ncquired, it tho proposed juror will swear that, notwithstanding auy oplnion " Lo moy ontertdd, ho can try tho case fmparifally, 4th, To ’establish addi- tonal restrictionn mpon (e right of scoused pee- song to domond continuances. 5th. Tomake deathi tho ‘ponnlty for murdor; and, Gtli, Abolish or groatly ro- t tho Exooutivo suthority to grant pardons, and ‘Wholly tako from that dopartment the power ta con= ‘muto tho death penalty to tmprisonmont for the lifo of tho porson convicted, or for any otler torm, 75 ORMDNAL TAWS, To those who havo such confidonco In mero eglslne tion, that thoy ansumo thiat cvery sbuso may bo cor- roctod and overy ovil reprasvod by laws, and to that otser clams Ignoraut of tho orlgln hiatoy, aud rossou of tho Sustitutlons nd rules and miethods of procedure proposed to bo abrogated oF changed, and who wole Gomo ovary chinngo in tho cxlsting lnva s an improve ‘ment, ll ik altorations proposcd will bo accoptablo ; but othors will romomber that tho Gyand Jury, ono of tho fustitutiona” of our frec-splrited faihors, snd most of tho formal and cavefully-guirded xules of criminal proceduro fhat mro now (ho aubject of complaiat, woro devised ta proteot tho lives aud lbertics of tho poople against the aggressiona and_eucroachments of power, and othors, like that of couflding the moeasure of pun- {slinient upon convictions for murdor to thie jury, aro {he results of tho obscrvations of men of the most pro- found kuowledge and tho laxgest experienco in the od- minfstration of criinival laws, The; Bl’cm}urlc of & justicious and well eettled systom, not porfedt, but that combines greater advantages for the prompt adminis- {ention of Justice,with e propor guazas for tho safoly of tho righta of tho citizans, than any that exists in couitry or under any forn of govérnment, iyn view of tho uncennll{ that has alweys boen ad- milted to exist for careful regulations for tho protec- tion of individuals, itis pafuful to witness the mis- {aken zeal khfl{\mm ts o portion of tho public press ond influentisl public bodies to urge fundamental chapges, sluply thut cltizens may bo mnde more de- fenceloss when pursued by tho authoritles' of the law upon accusations of criino, Every ohange in tuo criminal laws thot deprives parties acoused of a means for obtaluing an fmpartial trial, or that proposes to sub- stitute tho discretion of a Judge or of a Btate’s Attorney for Sxed and well-dofined rules of law or seltlod modea «of procedure, is o sacrifice of the safety of tho citizon, Mappily, excopt on occasfons when tho public mind s oxeliod by Appeale 10 popilex foars o yrajiiccs, tlia asulons Of tho American peopleare not cruul; but'who i propared to say, that when o citizon may bo put upon his trialupon a charga that fuvolves his lifo, in 1lie midst of a community filled with projudice against him, without tho power to demand of right the remov- al ol Lis trial to an fmpartial violuage, with no right of continnanco to awalt o Lottor stats of publle sontiment or to obtaln evidence, 1o challenge o hia trivra upon tho ground of opinions formed sgainst bim, death tho inuyitable consequence of conviction, aud 'tho Gover- nor without power, oven npon (ho clearcat fact, to ar- reat thio Lioody senteuce, {ha vindiotive Ixralualceu of some commuiity may unot denunnd a victim, and that then n Btato'a Aftornoy may not be found who will cone sont to accuse, and tho Jadge, upon whose diserotion the rights of the citizon dopendy, yield to publicclamor and consohit to the kacrifles 7 The fustitution ™ of grand and petit jurles s an cssential part of the judicin) systom of a freo State, Theoristi who can domonatrate that tho rnlo of & sin- tflflwlhe man {a botter than that of tho multitude, and law reformers who wonld substitute the discretion of a Btato's Allorney.or a Judge for the dellborations of a Graud Jury or fixod rules of procedure, siiko forgot that no metliod of eloction has been yoi davieed that will insure the chcleo of the wisost for rulers, or Htato's Altorneys; or Judgos, nor do they attach enongh importance to the faot, that (11 s ropubllc no vystern of Inwn can o devised that will, without eadangeriuyg the public litertles, bo offective for the prevention sud puwbshinent of erimes, Wnlecs tho laws tholaelven provide for the participstion of tha people in thelr adininistration, snd that neithor publio nor private Tighte can bu sdouro when thoy 81 in sy fmportant ;!I.‘llllfll subjoct to tho discretlon of any ruler or mag- ptrato, Ic seems to me, thon, that, whtlo th atteation of the Genoral Awsenibly vhould s dirocted to %o prosont stuto of tho eriminal laws, und the rules of criminal procedure, with a view ta their finprovement, nothing should b done to cnlarge the dlacration of the Courts In eriminal cakes, nor detudo (ko poople with the be- lief that uny change that can be made will reliove them from o neceesity of glving their own attention to the proper excoution of thoe Inws, It iaul onco tho vico and weakncss of wealthy and prosporous commuuitios, that o majority of thoss who should be tho most copable and usoful citizeus, from purely ecMfish ressons, profor to dol- cgato tho dischargs Of helr most im- poriant bubllo dutlen to othors, nnd _oxperioncs s domonatrated that, swhoffier tho' morcenarios Who undertako thio protectlon of tha publie intorosts, or who 470 by the indifTerance of tho peoplo allowed to 0 control of publlo affalrs, aro tho hired foldiers of niling army or tho {raders fn_ofiice, who cafolo, negleat, and plundor tho people, or thoso who ninkd ry duty atrado, tho roanit s {he sames tho degrnda~ o of {lio Inws, contempt for publie Justiec, nud in tho end a1l tho Aeourities for tho nfoly of life, liberty, and property nro destroyed, 1 o ol feol at liberty o conaumo much apaco in thio dincusaion of tho cliango in tho nw, inslatod upon by many, to tako from (ho Jury on trfala for murder lioxlgitlo detorming whethoe tho parly fomd, mullty shnil suffor death or bopunished by confinement fn (o Panitouiary for auy form oxcosding fourleon yoars, ond thiat may oxtond to tho wholo of hfa life, and mako tho judgment of deatls tho absoluta logal cousequonco ‘of convlatlon of murdor, T linve na doubt of tha right of fho Btato to put per- 80n8 to death, who by thielr own_deliberato criminal neta mako that cotirso necceaary for tho publio sfety, nor do I queation tho oxlsfonco of tho tight to nflich tho dcath pennlty as n punirhnent forerimo; but I um quito nn decidod In tha convietion that that mode of punishment lins bnt Little influence (o detex from tho comrmivalon of crfine, nad thaton {ho othor hand il ia o worn out vestigo of Lurbarlm, that hardens and do- praves tho peoplo, Dollberato homicido by public utliority ias mucl greater luflnonco Lo wenken respect for hunian 1ifo tan tho commission of murdor by Inwless porsons, nud it 18 remarkablo fhat tho_occleshastical hodlos, nd. thnt portion of tho Ro-callod religlous snd tho scular preas that demand tho moro froquent infliction of death by Judielal sontence, concodo tho wholo Foint in disputo, When, fmpresaéd Wik fho horrible aud - do- proviig influenc of publle oxcentions, thoy st upou tho wecouslly © of | edoludlug those from tho pectaclo who aro to_bo instruclod and impresaod by tho oxsuple, 16 may bo drio (hat thero aro olansos ‘of porvons \ho can ouly boconstrained from the commission of crimes by thio fear of death, Thoro may bo eommunitios in whely tho axamply of 4110 Inflictlon of tho doath penalty woulidl bo productivo of beneft, and 1 may nlso bo {ruo {nat mouatora of crlmo may sor1otimos bo found whoso extormination is Qomiandod, no¢ to vindicato the. authorily of law, Lt tho diguity of human nature, Tt would not, thoreforo, b judiclous for flio BIno to ranounco tho power (3 inflict doath, but the proprioty of {ho cxerciko of tho powor 0 any instance can boat bo determincd by o Jury drown trom tho body of tho poople, And it may ko Propur for mo to make oo allusion 1o tho probablo fluonco of tio exeretso of tlio pardoning powerby tha Govoraor mpon o admihlateation. of Ui orimiunl e, ‘Ilio Exsoutivo autliority {o grant pardone, ropriaves, ond commutations, 16, wnder. tho Constitution, abso’ Tuto, nnd to bo oxorciscd by him at bis dincrotion, ond, ko 'all discrotionary powars confided to public oicers, 1a extremely linblo {0 abuse, 1 liave exctelted the pardoning power, in proportion to tho wholo number of convictions In {lio State, moro sparingly than auy of my prodecossors, and I abt at- tafied that T havo dono co fn impropor’ cases, But T have had the satlafuction of reloasing portons from tho Penitentiary after thoy had furnistied (o o the moat unqueationablo proof of tholr innoconco of the nlloged crimea of which tho jury ind fouud them gullty, T Lavo, by pardon, nhortened terms of imprin- onmont that. woro cortifiod to mo by Llio dndgos and Juries fmposing them to bo_cxcessive, and I bave in moro that ono Inatance interfered for Ui relief of th poor and ignorant sio woro tho victims of thearta of dosigning peraons, o know tat (o lindncss of legat gustlc fa bt & fable, and that though tho laws, in ‘their lettor rnd apiril, oro just and bumane, and'cqual, £v o practical fct tho wealty and nflicntial do 'dlsregard and violto thom with s measnro of fmpunity not permitted to {ho poor_ and fricndlcss, We know, tao, tint {ho Jatls Into whiel thoao who aro ncusod of the commin- alonof crimes and nro_uvablo to furnisl bail ure erowded—aro moral pest-hones—whero vice in tanght to tho inmocent, and tho guilty made moro dopraved. o kuow thnt {natances aro not wanling in' whicl Jadlorn or thelr subordinatcs, alano or in conjunction rith s0mo of n clnss of proféssional men who dishonor the Iawand diegraco tho courts {hut tolorato thelr proeenco, havo deprived {riudless prisouors of oll ‘thoy” possess, and havo fthen dolivorcd thom over o u 'rortain conviction, thelr goulencon | of timprlsrymont * supesvatéd ond r counacl, who Iengthened by the vilo cimeter of thel first robled and then betraged them, 1 have pardonod somo of {hin class of unfortuuatos upon the gronnd that, if the Blata cannot protect thom, it ought to make thom thio reparation of forgivoncss, No subject s more worthy of {ho Alteation of tho represcntatives of au enlightoned Chrlstian peoplo than tho fmperfect proviaion mada'by tho laws of tha Stato for tho protection of the rights of tho poor, the ignorant, the inoxperienced, nod tho triondices, in the Crimtnsl’ Courts, itios wnd jiopulous countios of tho Btulw, Every yosr tho population of tho Siato {6 tucreased by crlgrantn froni.ull the natlons of Europe, aud fram overy Stato of thie Union, who are of ovory grade of character mud overy degreaof iutallizonce, OF tho thousanda that como iuto tho Blatn, many aro jynorant of our langusgo and our fuws, and many are upon their arrival poor , and often Jll, dispirited, and nexpe- rioneod, In thocities the missfonaries of 'vico are evor active, and its temples aro slsya open, and from their doors’ none_ave driven nwny'; o thoeo the inexporl- enced nud unwary ara often templed to resort, or fron want of employment tho irreaoliita aro fuipelldd to tho conunissiou of crluie, ar often thoy aro made the dupea and Inutruments of those with whoi crime i1 a trade, or, being strangers and friendicas, they aro xoadily suspected, and whon nrrosted thoy are unablo to find Dail and’aro committed to jail, and if indicted tho Judge, however himane and considerato, ia compelicd 1o entruet thoir defence to somo lawyer without stand- iug or oxperience in his profossion, aud o convie. {ion follows, for thera s no omo to demand justico_or 'implore meroy, It i timo that he practies of delivering tho living bodios of poor prisoners (o legal students for profeesionul in- struction was abandoned, and I insist that provision should be mado by law for tho eloction or uppoint- ment, in tho largo citics aud populous countles of tho Btate, of suitable porsona whoso duty it should Lo to isit {hio places where persons are conflned upon erime inal chiarges, confer with and adyiso poor prisoners, protect them from oppressions nud_oxtortiou, attend oxamiinations, fuvestigat tho churges sgainat thow, adviso with injured pactics, and the Gourt and State's Attorney, with a viow to tho dismissal of prosocutiona ‘whera tho cnds of justico would by thnt courso be pro- moted, or with rofereuce to the proper moisuro of punisBmont In cases whero tho punishment is discre- tionary with tho Judgs, or in propor cusea alons, or fn confunclion with tho coun 6ol ugsigned by tho Court, muuage thelr de- fonse, A proposition to provide for {he appofntment of an ofiicer {0 watch the administration of the laws from tho atandpofat of (hose who oro accusod of crimes fs novol, but every one familiar with tho udministration of tig criminal laws of tho Staloy o Cully awaro of tho fact that o truthfnl statemont of nll tho wrongs in- fllctod upon persons charged with offonces would prove it sanuy crimes ove beou conimitted in tho nszmo of 0 law, RATTNOADS, An fmportant exeeption to tho general dlsposition to oboy tho laws which prevails throughont tho State, ia found in the refisal of commou carriers of pascengera and froights by rafiwaye (o obey tho conslitutionol and. Legal enactmenitu provided for tho regulation of Hiat important ntereat, and tho peoplo of tho Blato, awaro of tho rofusal of this class of perrone o obey tlio lawe, and of tho mischief their contesapt of theauthority of {ho Slato produces, look to tho Gencral Assomibly to make furihor and oficlont offorts to provido a romeds, Tlie roport of tho Raflroad and Warchouso Commie- slonors, whicls 14 now in tho hands of the printer, and will be {aid Lofora the Gonoral Amsembly oe carly aa ‘possible, will coutatn full iuformation a8 to tho pre- tonslons of the railwny mansgers, and of the efforts mado by tho Commiseloners to caforcs tho autlionity of tho iato ovor them. Buccefsful roslatance to tho Conatitution and Iawa of tho Stato subvorls them, It can mako no difforenco whether auch resiotance {s made Dby physical meana too powarful to bo_overconie, or by combinations of financlal fntercats that morcly trout tho Iaw with con~ tomipt, a1l refuse to nboy thom, Tho offects of snc- cassful phyaical reslstance are_immodiato aud _ecasily porcaived, whilo thosa produced by perslatont and confemptiious disobodionce aro remoto, and mny not atonco appear, but thoy silently sap and weaken tio fouudatiods of publle”order, wud tn e cud destroy, “Tije Jsnue mado withs tho State, by tho distinct ro- fusal of tho manngors of railways (0 obuy tho laws cue ‘noted by tho Goneral Acscmbly for tho corraction of abures, and to provent unjust discriminations snd_ oz {ortion, 5 oo of powar, It in uot protonied that in the ennctment of the Inwa_disoboyed {ho Guncral As- sembly trenscendod thonuthorty vestul fu {ho Leg- falaturo; for, by tha torme of tho Coustitwiion, It i mado {ho duty of tho Genoral Asscunbly, from timo o timo, {0 pass. lawa catablishing reasonblo naximum Fatorofchagos for Lo (ramporiation of nastongorsund frelights on tho different ruflronds of tho Blate, and to paxs laws to correct nbuses and lo praveul unjust dis- criminations and extortions tn tho rates of frelght and passenger tariffa on tho differont raiirosds of tho Btate; .and by unothier proyision of the Constitution rallroads ‘heretofore constructed, or that may lereafter be con- siructed in this Btate, aro doclared to be public highs ways, aud free to all persone for the transportation of Uil pornons and. properly {horoon, au iy bo pre- seribed by law, In opposttion to these dlatinct provisions of the Btate Coustitullon, ond the laws euscted fu pirsuauce of tliem, the railroad corporations deny thelr obligas tlon to obey, and openly persfst {n refusing to con- form to the maximumn rates alluved by tho ucts of (Lo General Assembly, for tho trausportation of passon- gers nud frolghts’on their lines; and thoy contlnue tn Jractica tis abuses and anforcy lhn\ul{ufi iscrimina- ion and oxtortions forbidden by the lawe; and they continue, notwithstanding the leglulative prohibition, to nwvert thelr right fo Aix thelr rativ for tho transpor- tation of [:-ncu ors knd frefghta on tholr roads, and to oatablish discrinduations ot thelr plesstro ; und thoy deny tho nuthority of the Stato to funterfers for the rejtitlation of the auo or tha probidition of the other, L s perhaps but just that [t ahonld be stated that 1t 18 sometimes coneeded by those who manage the ine toreuts of tho rullway corparations that ng carriora they ars i1 80U WaY, o Lo gomo cxtont, bound to conforr to the principle of reasonableneas in thele charges; and on oo ocensions oo of (hoin are understood to bave axsented to tho proposition, which soomed to Lo correot under thio Gonutitution of 1813, (hat reasou- ablenees 18 the llmit of yailroad rates for transporta- tion, und the question of what are roasonablo rutes fs o L uuld by tho courts whew particular charges so disputed, - Jut the Qeneral Arsembly, by the act of April 7, 1871, which wan enacted to prevent unjuat disevimina- tioun and oxtortious du tho rates (o bo charged for tho ‘The evil' 14 most npparent fu‘tho.’ {rausportation of freights, ixed certain rulcs for the detormiuation of the rates pormitted to bo charged by tho raftways in this Siate, decl Intions, nud bydaw of arty i & . fixod, ' prevcribed, or exlablia &' noy groator toll or ‘compenantion tho tho rated pot /24 by tho act, fo bo void, provided penalties £ ‘3o violnlfon of tho provisions of tho act, and fli - belared any wilfnl violation of apy of tho acta o 1w forfolturo of its francliino, and, by tho nct of April 16, 1871, 1ho maxi- muum raten nllotvod to bo charged by Tallwnys for tho tranaportation of passougors was fixed, and provision ‘mado for the enforcement of tho act, Repeating oxpresplonn oinyloyod batoro, 1t secae to im0 {0 bo duto to tho interestsof tia peoplo of tho Btate, and 1a he dignity and nuthority of its Constitu~ tion id Iawe, that tho montcnergetio and declsive meanures should bo dovirod and adopied by tho Gen- eral Assemibly to limit tho preiensiona of thla_rapily growlng and all-absorbing intercst, and to compal it obedionco, In this viow it a csaontil that all tho of- fonces comnitted by tho rafiway corporations should bo prosacuted I Jurics, and {riod by Jurics of tho proper viclunge, Ono of thio ncta now Iu forco providea that State’s At- tornoys may prosecute: tho othor st ho ahll prose. cuto for foefoiturcs after tho nlmost imporsiblo cvont of fho fifth conviction ; Wil not Lo likely fo desiro to encounter this formidable inerest with uo other sup- port tlian tho_consclousnoes of having (iachnrgod dutleo, 1 thereforo recommend that tho fourth soctlon of tho act of April 7, 1871, bo amendod #o nn to make tho penalties provided'by that seotion recover- ablo by indictmont agaiont tho corporatious and its cmployes, and thnt tho ffth rection ha smended 6o an to mako {t {lio duty of {ho Attornoy General to proso- cuto raflway compinica for violatlon of tho aw, and st simlla alfoeatlons o made Ln Lo act of April 16, But 1t cems to mo (iat tho real cxuacs of tho mant- fold abnses, extortions, and oppreselons to which the proplo uro subjected, ¥ to bo found in tho fact that Tafirond proporty hiag passed under tho control of com- biuatlons of inanelal adventurern, who nro in nowiso inioreated in the proper manngement of tlio ronds, This condition of tho manngoment of railronds may o accounted for by seferring it in part to the great in- creaso of (o specalativo woalth of tho country; tho tondoney everywhere, in overy businces, to organiza- tlon; and tho” circumslance, to_unfortunsto for tho puoplo, that tho Genoral Atsombly did nat, in tho en- setmertof (o apccint and geners! awn aulliorizing tho crention of rafirosd corporatlons, oxpressly reserva such sufficlent power to regulnte and control thelr in- ternal manugomont aa would insuro tho protection of tho body of the stockiiolders and tho publlc, ‘o cnormous system of internnl improvements undertaken by tho Stato in ita early history, proven that tho peoplo oven then percolved the usofafuces of raslwasn, and thoir willingnoss to maka largo acrifices 1o securo to themuolvea thelr advantages ind since the failure of thot system, no Biate has mado greater offorts, by liberal act of incorporation to privato nd- ventures, grauts of tho right-of-way for railronda pros vionely acquired by tho State, gratulties in monoy snd Tands, and lonns of credit by countics sud othier publio and niun’Ipal bodles, to zouro tho conskruction of rallrondd, tha has Tifinoa, ond tho cltizons of tho Sato have, with thio most Liberal spirit, and by every monns §u thelr powar, aided in tho dovélopment of tho raflway system to {lu Dresont proportions, - “Llo Btato of Tilinofs contaius within its limits more thnn aix (Lousand miles of ralizond ; tey penclrato alnost overy county. And tho rflronds of this Stato, Dy thoir Tegal connoctions, nnd the ldentity of thelf interests and purposes with thoso of other States, hovo bocome a part of o syotem that It 14 Aaid embracea eixty thousand miles of ralronds in tho United Btaten, nnd which fs being oxtended to limits that do nof admit of easy dofinition, Tho ralrond and carrying Intorests control a larger amount of capital than cug othor n_tho United Blates, and by mcans of thiolr capital, and thelz ntimato rolat Uioms wilh al ller busiueas pucsulte oztonding too, 8 1ailroads do, to oll parts of tho colntry, thoy cxor- clc n gronter canuro of fnfluenco than Was over bo- foro, n nny country, in tho hands of individusls, Tho' fron” rall, tlfo stenm-cngine, ond tho felo gupl, all 'now in substantlal co-opora- tion, ’ already control tho commerco of - tho continent, and ton largo cxtent fnfiuonce tho valuo of overy product of industry and tho profits of overy busiuss pursult, They build up favorod eitics and dopros tholr rivils: thioy bave diminshod (L Valuo of v grrost rivera nis highwava of commerce, bnd tho shipping of tho lnkes ; 4nd (bat cngaged in_cosstsyise trade, embarrasscd by obstacles that the cugin on tho tron fail deflcs, mafnfaln with tho now ngoicics but o & feeblo and atiuggiing competition. From the mu- perlority of tlla new nioda of transportation in specd, n nafely, and power, oll other modes sre rendored: comparatlvely usclesd, and ke country in brauglt to face tho act that hn (s rgoof remarkablo commareil and utelloctug] activity, the only availiblo lines of in- tercourso and frado on tho continent aro under the control of _privato individuals, who sssert for themnelves the power and tho righ{ to impose burdena upon tieintorcoitro and commoreo of {lie conntry to it extont to whiclh they acknowlodgo mo*definite lim. ito, mor in tho exorcins of {ho discretion théy clalm as to tho amounta thoy may Smposo, do thiey adigit ieru- solvea to ho bound o conform to'any rulo.of bquality, but hey maintaln thelr right to_dldcriminate betwoor difforent points on thelr own lines betwoen dlfferont individualg engagod fn tho Asmo buninces at the i potuly, aud to increzeo and roduse {lioir rateaat pleas- ‘ure, untl to tho ordinury hazacds of buiness i addod tho’ uncerlui fluctuations depandent upon tho man- agement of rajlwys, Tu 1y Judgment tho oxlsting Inws, ntended o regu- Iato tho dutius, and defino tho obligations of comnion carrlors by raifwag, viill not cecomplish tho object do- sirad, for tho reason, smongat others, that they are, to & corfain oxtent, based upon thy wide-npread miscon- coption of {ho trile Tolstion of that class of publio agents to tho people, and, na o consequenco of {hat mifsconccption, the regulations for the government of the owners and mmanagers of railway Lines aro confused oud weakencd Ly ossuming that tho ownorship und ‘management of aftway Jiucs, and tho recclpt, trans- ortation, and uclivery of passengers and frofght for Bire, which consiititen the bustess of & common car- rlor, a0 0 Infoparable that they aro nocossarily parts of the same gencral business, while in tho nafuro of tltngo, and from the forco of practices that now oxe tonslvely prevail on many lnes of railway, thoy aro essentially diiforant purauits, and_ regulations infend- e for tho govornment of tho ono bave no fitneas or proper anplication to tho ofler, Al thio tallronds now in oporstion in tho State were constructed under thoauihority of Inws that conferred 11pon tho corporatora that undertook them tho powor {o ncquira the lnda needod for tho ugo of thelr rond by content of tho ownors, o to tako lands s for pub- 1ic uses upon making compensation, and tho power {0 consiruct and maintain o railway with the proper op- piirtenances, and to acquiro and hold tho suitablo Tieccasnry whelfnory to oporato them, and. then to en- o u tho busiueas of conmon carflors of thols own ucs s and it s to tho fact that railwey corporutions ozerclso tha power conforred upon them to carry on fho businesn. of common carriors, and. by tholr own azbitrary authority ix tho rates they will domand for aervicos roudered excluntyoly by thom an_thoir- own lings, or, by combiiations with othor corporations tiab clnind simlinr powers, fix tho ratea betwoon tho mora importaut and distant points, thut wo owa thointerest that tho peoplo foel fn tholr monagomont, Lvery ono Intoreated i tho subject of tho cost of tho trans: portation of {ho products of the couniry to a markot Tealizew, in tho result of (ho oxerclso of theso powers byzailyay‘carriers, all tho ovils tlat are produced by 1o existenco of i monopoly, und many mothods hava ‘oen proposed for affording reliel; but without now discussing suy of tho, I am gatisfiod that iao only ‘means that Wil 8fTord tho country o rellef demanid e, dito invifoand cncoirage compotition on all tho Taflroads in tho Slate, botween {he carriers that con- trol thew, and ofhierd who, upon just compensation to bo mado for tho uso of tho roads sud thelr appur- teuances, nudfor the Hzed faclltios needed, may glioogs L6 engay In tho Luslucas, It tie mouopoly of fho business on auy of the important lines of zallrond waa_talken from ‘fhe = corporstion that ownn tho road, f(ho offect would sopn Lo percelyed fn the jucroascd facilitles for transportation and cheapor rates, 1t s becouro competition fs not now posalblo (hat rafirosd manayers disoriminato bo- treon localities sud Iudividunls, but it tho legal right of othiors to angage In busluesa on {ho rallroads of tho Siato was once catablished by 1aw, tho mer oxlstonco of the right would conatantly and 'favorably infivenco {iclr coniiuct, thougl (o right of cowspotition seoured to_fndividuals by thic law might nover bo excreiacd, Tt was with & view to break up tho monopoly of the o of thelr own rulroad lines by common carriors, sud, if powible, to roparato tho ownership o mailfond * propeity from tho pronecution of that businces, tlint tho Conslitntional Convention adoptod thio 101k, tho 13th, ond tho 14(h Sections of tho 11t Articlo of tho Conslifution, Beforo tho adoption of thio Coustitutlon of 1870, the public mind had be- como #o affccted with' tho lnpression that ruflways_could only be useful fo tho pullle na long ua the corporutions controlling thom wore gblo thoinselycs to carry an business us common carriors, st disposiilon wa sumetimes appaceut Lo considet tho rolling stock and other_ novabla property of rafl- roud corpiorations o8 appurtenant to tho railronds, o corract {lint impreaelon, and to prevent Ita further growtl, o 101k section of tho 11th articlo of {ho Conntitiution was adopted, which declates that tho Follng atouk aud._olice ulovablo properly Lelongla 10 any rallroad company lu this State shall bo consid- erol joraonal property, and ahall bo lablo lo exouus tion and enlo fu {ho “Svno munuer s tho persounl property of individuald, aud tho Gonoral Assombly Bliall pavs 1o law oxempting wuy such property from gaveution and sale.” Aud thon, (o, Tay” tio founds- tlou for thio sakorlion of tho publio right to suthorizo compotition i tho business of carriers on thoroads of the Blate, and to furaiah tho bssla for & proper defini- tlon of tiho uwners of rallroad proporty, as againat the publio right {0 it use, by the 12th soction of that articlo it 14 declared “that railroads berotofore con- atritctod, or that may horoarlor bo. conatructed in this State, aro public higlways, and shall be freo to all per- Hons and property theroon, undar such regulation nn oy o preacribed by Taw.” Aud tho 14ih_soctlon recognizes tho right of thio Hlate to tako {ho property of corporations for publio wso to the same extont 88 tlio proporty of individials may bs taken, “Plieso constitntional provislons aro infonded to ese tabitah that thoro Iu no ugcessary conneotion botweon tho ownerabilp of raiiroads sud the proscculion of the busliess of commnon carrlors by tho same. peraous ov corporations ; that rallroads avo publio highways, fn which thio piibllohava rights, the most jmportant of wWhich i to s thom for tho transporlation of thelr Jureons gud property, suboct ouly to rogulations to ba providod by Taw 3 that th proporty of rafiroad cor yorations miny bo taken by tho Atato for pubiio usss to iivo ofieol o Sts own policy ; and {lio propor con- cluson from theso soctious, ‘and from tho whola scape of that portion of tho Constitutlon which refors fo raflroads fu, that the polloy futouded to o supported Is to Dreak up the monopoly of the carrylig busivens, which tho ownors aud niansgers of sadlroad liave secuired. and mako tho llues of rullroads frou to commerce, subjoct anly to the righte of thocor- porations and individuals to ‘whom thoy belong to de« tiand coupeusstion for thelr wso, and then ouly to the oxient to which they msy.be use 'za-!.t,-.;f;_"fi?s 3 'l rules ana regu- i corporation that but Btate's Attornoys fndictmont proferred by the Grand | NUMBER 143. The fandsmontal doctrino of tho Biate Conatitution i ihnt rallways are highwnys, aud that, considered alono {n character, tliey belong to tho publlo, subject to the control and regulation of tho Btato ; snd adopt- ing tho langungo of tho Bupremo Court, employed In sowo of tho cases {n which that tribunal b sustained subscriptions mado by piblio- bodlos u ald of ho con- struction of rallroads, they aro fmproved hfahteays, nnd tho corporatious that, by the permission and under thio authiority of tho Blato, fitvested thelr nicaun in mate tug tho fmprovements, nequired fixed, oxcluslve oo veated proporly’ thivrents in” 1 ighvay 18 lutproved, swhicli fho Stafo bag no conntititionnl power (o disturl¥or displace, cxcept_ in tho exorcisa of tho rightaud power of cminent domnin, and mpon making Just componsation, Ihut, it iu truc, na beforo stated, that tho corporntions that’ conntructed aud ima proved thoso Ligliways, in nddition to (he powers cone forred upon thom {o construct and innintafn thelr Tonds, wors authorized to omiploy upon them the most mprdved motliods of tzaunporlation, and to cigago In and earry on tho business of comman carrlers of pos- selgers aud froghts ; and under o Coustitution, their right {0 carry on that business cannot. bo fakers from thom by legielativa nction, nor by tho ozercino of tho right or power of emiuent domalu, for after otliers avo sequired tho ight {0 onggo In tiuslucsn at cure rlera on the liues of thelr raflways, thoro romning to tho corporations but tho right of participation inn common right which cannot ho taken by tho Stata in tho oxercles of any of ila powors. Tt will bo_observed that {lio thoory of thio Conatiti- tion thus presonted_concodes to tho ownera of rafle roada tho tight to compounntion for tho uso of tholr ronds, 4o tho full extent that ita_ uso may be required or taken, and 1t will ba enay for tho Genoral Assembly to prosoribe rules undor which cardiers will bo autliorized o placo upon any of (ho ellroads of thio Stato o definite number of englnca and carroges to muko stated trips from and (o cortaln polnts, t0 mova ot an establisbed rato of speed, to o the appurten- ancon of 1ho road, and tho fixed facilltles provided by the corporation, or tho right to_provido facllitica-t difforent and convenfent pointa long ho line, nil fo bo governed by such equal and propor regulations'us ‘mny bo prescrlbed by tha corporation, But tho oxclusivo right of railroad covporations to carry on tho businoss of common carriers on fhelr lines {n mot supnorted by any ust viow of tho v, Thoy mny, notwithatanding tie fact that ofher car- rlers engngo In business on thoir linca, continue {0 ‘prosecuta thio samo buainoss, but upon tio Lighway of commerco in which thoy aro intorested ns ovners, they, whilo employed in tho offico and duty of carriurs, hinvo no suporior righta to others. In the conclusion of {his vicw of {hia important subjoct it {s duo to mysolf {hat I should say, that tnn intoresis of tho country domand that llo power clatmod by private porsons snd corporations to contrul all the great lines of {ntercourso betyreen the romotrct points on tho continont, and tho great centres of com- ‘morce and trade, cannot bo longer endured. In tho {nfoncy'of tho systonr, when rafiroads weis marely aubordinatea to th natutal Iinca of transporc- tion, and thoir only compotitors for burfucss wero thn ‘wagona of tho ploncore, rights and powers wero cou- od to_th corporations that controlied them thot s70 utlorly inconsietont with tho rolations thoy bearto tho commercs of tho country. Thoy L suporseded the rivers aud the Iukes, nnd, like thew, must, bo mado froe, subject to no other Lurdens thn puch as aro noreasary to compensate thoso who ova thom ; and 1o eystem " of regulations which concedes tho uifounded clam of raflrosd_corporations, thut o also engaged in_business gs common carriors, to (i oxclusi¥o ugo of thelr lines for {helr own bustndss, will or can bo offectunl o provont tho nbuscs, unjust’ di - criminations, sud extortions under which tho paope havo uflered 5o much, and of which they g0 Justiy complain, PENAL AND REFORMATONY INSTITUTIONS— THE PEXI- . TENTIADY, At on early day tho report of fho Penftentfary Cor missloners will bo Iald Leforo tho Gonoral AssemiLi, and I havo tho atisfaction of informing the repreec; atives of tho peaplo that what was cxpecled wiien & o Inw now in foreo for tho government of the Penitci:- tlary was_passod, I roallzed 3 that tho institution i 10w, oud bas beoh for some months paet, practicaliy solf-sustaining, On tho 17th dny of April, 1671, thio GTHOYAL Asi ui- bly, embarraesed by {he unexpected and unfortunatn conizoversy In- xclatlon to tho prapeacd selosation tho seat of Qovornmieat, suspended ita session wnti) 16tk of November followiug, and Toft {o Lenlentis Tianagement without the mans of providing empl ‘ment oF upport for {ho conviets, and lergely indebted and without credit, o that, in - fact, ‘thero Wero 1o means of carfying on the inalitution] Iyrs compelled to conveno ko General Assembly, and 1 agafts urgo such changes in tho lay for tho govermme: of tho Penttentiary n cxperienco had shown to be no- censary, nnd tonek an approprintion from tho Treirse ury for the nupport of tho inetitutton, If eucha law coild not bo passed, ‘I accordingly fsetied. iy proclas matlon convoning tho Geiwra Assembly at Springiicld, on the 24th day of May, 1871, 1 waa, when I {ssued the proclamation convening the Legisiafuro, fully awaroof the cortainty thi. oy mo- tives wonld bo misnndorsthod rnd unjustly censured, ospeclally a8 was compelied to ey that T rezurded tho prosocution of tho work nvon tho now Stato Houso A8 fportant not only to the general Interest of tho State, bat na o meana of providing humediafo und remunorativo omplogment for tho convicls o tho FPenltentiory, In my message communlcated fo the Gonoral Agsombly. ot - its moating on ihe 24th of May, 1671, I fraukly siated my viows in relation to {hosubject of appropriations foir thio prosccution of tho work on tie Stato Housc, and at tho same {{mo I nfd that, *It has been my earheat do- siro sinco tho commenceriont of my ofllcial connoction with tho Government of tho Statv, to seo tho Pénitens tiary 50 conductod ns to accompli#h {ho reformation of criminals, and al (e same timo Lo a4 little burden- s0mo as possiblo to tho pooplo of {ho State, and not« withatanding tho unsntisfactory results of 'past opora= tions, 1 atill Dollove that with proper legislation and Judicions management it may bo mado eminently use- ful s o pensland roformatory agency, and o the snme time substantially solf-sustaining ; * nnd at the samo {me I folt it my duty to add, “Tho only practical systom for tho succeanful management of tho Peniton- ary, {n my judgment, in that whick combines the re- ton(ton of conplate control of tho dlselpline and govers ‘mont of the convicts by (ko Btato, with tho loaso of theirlabor to peraons ongaged in speclal pursults, elc,” and {ho Genersl Assombls, soon after ita meetlg, ‘pasaed a well-consldored act whick embodies and gives offect o this principle, and exconted g8 tho law lus been by the Commissfonors, whoso names appear to tho ropor, all that was then predicted has been fully accomplishied. 3 T feel it to bo my duty to express my obligntions to thio Gommisslonors for tho intelligonce and fdclity with which thoy have diachargod their dutics, and T hovo no doubt the Warden and his subordinntes, of whoso servicos tho Commissionors speak so highly, fully merit thoir commendations. But, notwithistanding tho sncoces of tho offott of tho Legislaturo and tho ofileers of tho Penitentiary to im- Trot it dieclpling, and to rolievo tho Treanury from o burden of its support, I can but consider what has Dbeon dono as but mero proparation for tho commonces ment of real prison roform, - X do not praposouny changs in_tho principlo oz the oneral structuro of tho Iaw now in forco rogulating o mansgoment of tho Penientiary, _Undor its prc- visions tho labor of tho convicta may bo made to pay tho cxpenscs of thoPenitontiary, and, undor judicions ‘mansgement and favorablo conditiohs of tho genorul busincas of tho conutry, possibly produco surplus of greator or loxs amount, Whicls ouglit to bo gmployed or tho bonefit of tho ‘unfortunato porsons by whose Iabor it 1a produced. Nor do I think it possiblo to specifically direct the applcation of any surplus carmings o, 58 fo bost pro- moto tho Intorests of tho convicts, I therefora rocoms mend that suthority bo given fo tho Commissioners ta sppropriuto whatovor may remnin of ho earnings of tho Pon luntiry, aftot thio paymont of all lta cxpousec, to the hnprovement of the condition of tho convicts, lo mukisg tomporary provision for tho suy port of the moro helploas snd destituly, fter tholr discharge, unill they can fiud employment, or {a aid them in doing 0, It is impos- sible for persons unfamiliar with tho actualatats of tho case, {0 imngino tho utter helplosancas of many convicts’ whon discliarged from thie Tenitentiary: Committed fo {ho Institution when comparative young, And whilo thero cutoff from all intorcouras ith their follow-men, thoy como forth fgnorant of all tho mothods of obtafning honest support, thoy oro ont- casta who fool that thoy would ot bo benefited by making their nctunl aftuation known oven to tho beney olent, and thoy aro, thereforo, almost inevilably driven to ueck tho socloty and tho aid of thoso whoeo cliarace ter and Lablts of lifo aro such a8 will afford no sup- portto any Intoution the convict may lavo formed to ‘pursue belter courves, No reformatory system can ho considored comploto without #omo provision for tho fomporary sholter and eupport of porsona of {1:a cluse, not without affording thom a{d in inding cm- ployment, ; THE DEFONS SOMOOK, One of the Mstitations maintatned by tho State, and {hat from ity ohjects and organization mny, withaus great im )rol‘;}fly Lo clagsed with fts charities, is tho Toform Bchiogl nf Yontiac, “Thin fustitdtion, thougl yot in ita infanoy, will, if it a 50 managed as {0 unfitaln public confldenco horenf- ter, oxcrelse an Iniportant and salutary infitence in tho improvemont and reforniation of & cinss whose condie tion lixa always oxcited the deopost ntercat, Juventle offenders wiioao crime# aro 1most froquently tho result of the incapacity or the ncaligenco of pi- ronta or guardians, or of neglectud orplianage, or aa oxporionce bos demonatrated with respect to many of that clas, of talont, intallectunl or moral, n capacity or discase, wiflo thoy sttract and onifst tho sympatiifos of tho plilantlropic, furhish tho most oucournging Aold for the omploshent of rofor- matory ageucles, aud, it 18 {0 bo horied that, na tiu Stato advaucos 1n wealth and culture, 8 grealer degreo of attentlon will bo glven not only to tho claseus fnfcuc~ od to bo provided for and benofited by the Reforn Hchool, but to neglocted childlood wheroyor & sy ho found In the Btato, 1t bias beon found cxiremely difMioult in practico for the courts to hirmonizo soma of the proviatons of thy Int which provides for tho commitmont of persous to tho Reform Bchool, aud the gene:ul lawa that provliu for tha punishment of offondera by confinemont in t Tonttontlary will {ho obvious domandu. of cein: Jusiice,” Ag an flatzation of 'the difleully ndveiiol o, it will bo obsorved, by reforenco to 1 irovisions of (ho act 'of ~ 1867, in i 15 o Noforun Boliool, thatall courta ofompotent Juri Alotion are authorized to exorcise thalr discrotion tn sonding Juvenlo offonders to tho county Jjails in o cordanca with tho laws, or in seuding thom to tho form 8choo), providod that 1o porson eball be ko tho Roform School for s tarm thiat will dotain him be- youd the timo when he shall arrivent thoogo of Vi The practical effect of this provision Is that o but yoars, :lnu of porsunis that are under the age of 18 years, ‘iave nearly attained (hat ags e doprived of the ofit of the institution, If thoy are within s fow menils of that cge, a sentenco to detention in the Nefurin Behiool, untll thoy sttaln the age of 18 years, is bit for (Continved on the Fifth Page.)