Chicago Daily Tribune Newspaper, January 23, 1873, Page 3

THE CHICAGO DAILY TRIBUNE: THURSDAY, JANUAR 23, 1873. 3 THE DEMORALIZERS. The Polico Board Bound {o Rulo or. Ruin, Klokko and Sheriden Snapping at Washburn's Heels, Poor Old Mr. Reno as Yet TUndecided. The Twelve-Hour Order Discussed In “Secret” Session. Medill Sides With the Superintendont, Mayor Yestordny nftornoon the Board of Police had & “ atrictly privato * conforence with the Mayor, Aldorman Xeath, and Superintendent Washburn, the moitor undor constdoration being the poti- tlon of four hundrod and fifty policomon, asking & modifleation of the twolve-hour order of the Buperintendont, which was referred to tho Bonrd of Polico by the Council on Mondny even- ing. It wns not known until about a quarter after 8 o'clock thnt tho Board was in sessfon, the employos at tho polico hoadquarters boing very roticent, The lovked door of the Commis- sloners’ room wan evidence that romothing waa golng on within, and tho reportors wero accord- ingly dotormined to gobareport of the pro- coodings. Tho firast words hoard after Tue TRInONE reporter obtained an excollont hoaring place, wore uttored by Commissioner Klokke, who maintained that under a rosolution adopted by tho Bonrd Dec. 4, 1872, tho Suporintendent was obliged to submit all genoral orders to the Ban.yd Zfor their approval or rojection. Ar Washburn had supposed it was tho inton- tion of tho Commigaionera to lot him reorgruize the forco in his own way and strongthen it. Commissionor Sheridan aozerted that thero wero rules and regulations for tho govornmont of tho force, and thoy should be his guide. Prosident Reno did not comprobiend tho situa« tion. Hobad evidently beon misled, Whon ho * came into tho Board ho was led to boltevo by 3Ir. Taleott that o recrgauization of tlie force waa contemplated, and that tho men were to bo fur< nished with now uniforma aud clubs, and beits. Mr. Washburn snid his order merely required the mon in all the procinets to porform tho same amount of duty. In tho wecond, third, fourih, fifth, soventh, eighth, ninth, tenth, and oloventl preeincts, provious to tho promulgation of the ordor, the men went on duty at 7 o'clock in the evoning, and wore supposed to remain on until 7 o'olock in the morning. They, howaver, camo off at 4 and 5 o'clock, ond threo or four officors kept dog watch,. to ook out for firos. In reality, in those procinats thore woro no policomen on duty botwoon 4 and 7 and 8 o'vlock in the morning. Commissioner Sheridan knew of quly one procinct whoro tho watch was more than eight hours. In the Twolfth Precinct the men went out at 7 o'clock in tho ovening, aud camein at4 o'clock in tho morning ; anothor squad, which went on at 0 o'dlock in the ovening, came off two hours later. This was o very bad district, and the lapping over durlng the night was to hayo men availablo in case of » disturbanco. Commissioner Xlokko eskoed if, undoer tho pregent order, thero would Lo more men on night duty than formorly. The Mayor said there certainly would be, if tho ordor was carried out. Commissioner Klokke had made it his busi- .ness to inquire into tho offcot of the order, and ho had learned from the Oaptains than thore wero loss mea on duty than under the former rule. If that was truo, tho old system was cor- tainly preforable, because tho physical strength of thomen would not bo ondangered. As it is, they wore sufforing soverely. Tho Mayor said tho Buperintvndent had told him that, by, Inpping ovor at 11 o'lock ot night, an oxtra number of mon was sooured. The Buporiutondont was requestod to explain tho order, aud he said the socond platoon was on duty from 8 o'clock in tho evening till 4 in the morning, and during that timo the first platoon was in from 8 o'clock until 11 o'clock, and the pégond platoon from 11 o'clock until 4 o'clook, ‘making two-thirdg of the force on duty durlng the worst hours of the night, from 8 o’olock un- i1 4 o'clock. Commissioner Klokke said in ono precinst on tho West Bido, whoroe thoro were formerly thir~ ty-two men on night duty, there wero now only bwonty-nine. During the last four montha the forco had been strengthoned by the nddition of men of intelligonce and ‘‘manly form;" every Infraction of tho rules had beon soverely pun- Ished, and men who becamo intoxicated, or mis- behaved wore told to go. The men now ap. pointed wore large, moro powerful, and sobor- looking. The Mayor was glad to hear it. If they could only get rid of gomo of the bad moterial in the foree, it would bo well, Commissioner Klokke snid tho Superintend- ont's order had disgusted tho good men, and somo of them had loft, and others were talking of resigning, Presidont Rono remarlked that thore wero a good many dead-beats.on tho forco—men who were worn out when they wero appointed, and worthloss as policomen, They should bo got rid of, a8 they mada trouble for the good mon, If they failed to travol thoir beats othors had to do \t, and they should be wooded out. Commisgionor Kloklo ssked if any one be- Uoved thot & men, nfter remnining out for twalvo Liours, was fif for notivo duty? Prosidont Reno wald *No," cwphintically, Commissioner Klokko had marched forty milos In ono doy with his men in the ary, and it re. quired two days for them to reouporate. What wonld bo the conditlon of the men in six months I they travelled twelvo hours every night ? President Rono thought they should not ask the mon to do more work for the same pay. If Lo agkod his emaployes to work twelve hours in« stead of ton thoy would objoct, und demand u proportionato componsation for their services. ommissionor Klokke wantcd towoo the Sa- perintendent’s order. re lind novor seen it, Huperintendont Washburn said be handed tho ordor to tho Socrolory on tho day it was 1ssued. X{ the Board had not scon it howas not to b .Cnl::;mlulonbr Klokka know nothing of it, ox- cept he had seen it published in tho newspapers. He askod what the ordor contained, Prosident Itono said he didn't know. Commissionor Klokke bocame angry, and de- #ired to” know why tho Prosident was talking whout it for, if ho didw’t kuow anything of it. Prosident 1tono suid ho way lnboring under a misapprehonsion. IIo novor weut outside for information. [Whother thiy was an -allusion to Mr, Talcott or Mr, Klokko tho Presidont failed to explain) What he wanted to lmow was whother it was not intonded to roorganizo tho force boforo he becamo o momborof the Board, Commissioner Bheridan said tho rules and regalations of tho Doard Lad boon reviged and put into tho hands of tho Socratary to bo pre- pared for the pross, They had not been issusd yot, " Thero was whore tho I'rosident’s misap- prehonsion camo in, The Prosident failed to #eo it. IIo had always undoratood that a reorganization was in propara- tlon bofore ho came in, \Was thut true ? Commissionor Klokko said there had never beon a word spokon amongst tho Board about it until the ordor was igsued, ‘Tho Prosident had hoard that from ono of the Commigsionors, and that the Superintondent wag golng to roorganizo tho force, Commfimlonnr Rlokko said the Huperintondent navor told the Bonrd snything about it. They deslred to asaist the Suporintendent In alllio un- dertook, but thoy wented to Lo consulted. Tho Prosidont remarkod that ho had opposod tho incronso of the force, for the resgon that he thought tho present force, if disciplined,. could bo made oficlent and properly protect life and L :réyn'cmhry was then sont for. ITo maid the oxder of the Buporintondont wag hiandod to him on tho 16th inst., atterit had been published in tho papors, Commiseloner Klokke asked him why ho dld ‘not submit it to the Board. Tho Booretary said the sossion of the Doard on that day lastod until dark, and whon thoy got through with the other business, Lo asked it they intondod taking any action on the Buporin- tondont's ordor. Ho undorstood ono of tha Commiss{onora to say *no ; at some othoer timo, 'Fhis waa aftor it had beon publishod. Commisslonor Kloklo remarked that tho order taolt offect on tho Bouth Bido c21 the 18th inet. Tho Mayor thought if tho order corrosponded with tho viaws of tho Board they should adopt it, it 1t did not thoy should modify it; or gobaok to iho old \vnl{. Bupoerintondont Washburn concoded that it was wrong to put men on for twelvo hours, Tho order, howover, did not require it. Tho mon woro on five hours and & hinlf and oft an hour, and then on five hours andn hnlf more. While thoy wore off tho othior platoon covored their beats, The oecond H\ntuon, which was on duly from 8 until £ o'clock, wero Bubjeot to other duty at all timos during tho day, 1lo tried to doviso tho boat plan possiblo to havo tho city proteoted aball tlmes. ~ Under tho order ihio Captaina could suporviae tio_workings of the force In their precinots ; under the old rule they could not. The Mayor inquired if it wag not practioablo to glvo tho mon n rocors of an hour and a half or two houra, Tho Superintondont eafd the ordor could bo modlfied aftor & while, if it was thought boat, whon it was woll under way, Ho desired that no district should be unguarded. The P'resident asked if old pollcomon, who had sorvoed faithfully for o numbor of yoars, could not bo rolired on Lialf pay. Oommissionor Klolkla said thero wore men on tho forco who would nob leave it until thoy dropped doad. 'Thoy wore of no ues now, being old and decropld, and would not resign, whorony thql good men wero going on account of tho ordor. § The President did not think any man who conld not mako his living outsido should bo on the force. Some provision should be made for n;un who wore worn out or disabled in the ser- vlco, . Commissioner Shoridan sald the Doard had recommended that for threo yca® past, ‘The Mnyor thought it wan o good iden, Commissioner. Klokko again utt the or- dor, and elluded totho harduhips endured by tho men undor it, * : « I'ho Buporintendont snaid the sorvico could be sbortonod an hour if it was thought necessary, Tho Mayor said thoy worked now about tho samo numbor of houra as a laborer. Ho thought tho ordor an oxcollent one, 8s it doubled up tho night force. Commiesioner Klokko thought it would bo well whon a change was contermplated to call on the Buperintendent and Captains, and hear tho viows of tho Iattor, Tho Mayor considered the Bonard and Buperin- tendont competont Lo make the ohanges, The wholo troublo was, tho man wore required to do cloyen hours’ duty instead of twelvo; tho cily roally lost an hour, and tho men gained it ; at Tonst {hint wau a fact in nino out of the twolve precineto, Qomuiisslonor Sheridan was opposed {o tho ordor. Tha men should Lavo timo to go homo ond get something to oab. . Tho Maydr thought the order would work first-rato. At this Annoturo one of tho roporters made n noise, and Aldorman Hoath remarked, G—d d—n thore roporters, they got everything.” Buperintondent Washburn camo Into the room whero tho roprecontatives of the pross were tal- Ing notos, and upon his return reported that tha meoting was apparontly & publio ono. Tho aperturs In tho wall was then illed with paper, und not another word of tle conversation coul Lo heard, P Tho Board camo to no conclusion s to what shall bo dono in rogard to the hours of duty, but tools tho matter undor advicemont, Thelr decie- ion will probably be mado known at the r:ceting on Monday noxt. —_—— THE PERFUMERY WAR. Place Fixed Upon, Time Appointed, but no DMeetleg Xceld-Tho Next Round Retweoen Hyde Park ond the Fertilizers Must Come OfY'in the Courts. Yestordny atternoon was tho time appointed for an sdjournocd conforence of tho Committoe of tho Hydo Park Trustecs and the pork-packers in regard to the romoval of tho works of the Northwoestorn Fertilizing Company at Ainsworth, 1t will Lo romembered that, at the last mooting, Mr, Loonard Swett, for tho Company, offered to g0 elsowhoro upon tho . payment of 850,000, or g«mmtuo fortho payment of exponsas incirad it o removal, with additional chars08 for snhancad froights, Mr. Gady and 2. Waldron appoarod at the Counoll Opamver for Hydo Parlt, and Mr. Culbortson #vr tho packers. * The Yortilizing naaprany was not ropresentod, and no city ofti- clal was prosont. No lnl‘nrmnfmunllng was hold, tho three gentlomen montioned talking tho mat- ter ovorin o casual way. No new light wag thrown upon the quostion, nor did the businoss aseunyp 50y now plose. e reprosontativos of the town lind no further proposition to make. They deemed thatithoe prosent siafus of the Com- pinys | sffairs,” tholr bullding avin en burned down and uot roplaced, fave an advantago which would be lost by dolay. The people of Hydo Parlk proferred to contributo monoy to carry on pending legal suita then to Fny & bonus to the Company for vacating the ocation at Alnsworth, 3Mr. Cullerton gave again tho views of tho packors a8 they have boon sev- eral times vontilatod in thess columns. He did not think thoy should be called upon to pay any portion of the 850,000, Horeviowed tho history, —loglslative and speculative,—ot the Town o! Hyde Park, praised tho shrowdness of its oiti- zons, and compared them to tho Wandering Jew, who always camo up smiling, after having been knooked lifeloss into his own corpor. Mo stated, iucidoentally, that the Fertilizing Company had expended nn immenso amount of monoy upon vippravud mothods of deodorizing and utilizing refuso ma- toiinl, and had nover paid rmK dividends until lant year. Mr. Waldron sald thet the ladies of Hydo Park had takon up tho war, and intended to'invado the sanctity af Mr. Loonard Bwott's firesido, and make direct apponl to that gontlo- man’s Laros and Penates, Aftor theso pleas- antries Lad continuocd a8 long as_seomed best, the journclists prosent adjourned the mesting without day. Tho question now comos to tho courts for finnl arbitrament. ———— RAILROAD NEWS, Tho Yowa Pacific Railrond projoct is turning out to be sound and rolizble o the core. Tho Presidont, J. K. Graves, durlng his recent visit to this city, and money centres at tho East, has boon e seesaful, in tho face of tho tightnoss nnd deprorylon gf tho market, in meking financinl orraugomonts whoroby funds aro soourad for carrying on the construction and_complotion of the line betwoen Dubuque and Fort Dodgo the coming unr]ng, and during the noxt mouth to Boltle the ~outatanding” indobtodness of the Compnny for the construction work dono It season. Tho iron-luying i3 tho only work thet now romaina to bo dono, with tho oxcoption of o fow bridges aud s few thousaud ards of %g‘udmg. I'ho cntiro road to Fort odge willbo completed carly noxb summer. BTAIKE OLASED, Tho recont striko on tho Soulhorn Minnesota Tnilroad bins coased, Necoivor Moltrath has md ell the indebtedness, The Brothorhood of comotive Bugincora of 8L, Paul disclaim fo- menting tho troublo or unconrnimi; tho strikers, and have issuod o circular, in which thoy declare that certain by-laws of tho sssociation’ are op- posod to strikos. LONG ISLAND TBAILROAD, The controlling interast in_this rond was sold on Monday to & company of Massaohusetts capi- talists, Ifis stalod {hattho Federal Govorn- mant will soon suo the Erie Railway Company for over 8100,000 In taxes on dividends and coupons whick thut Company have not paid, COMPLETED, Tho “loop lino ¥ of tho Great_ Western Rail- road in Michigan has been completod, and will go into oporution af ance, as tho mout direct route for through froight oast from Dotroit, Xt Jeaves tho main line at Gloncos, end goun to 8t. Thomas, thoneo in & straight ino to Buffalo, _—_— Not Subslding. Tho oxcitoment Ineident Lo tho salo of rotall stack by Meaure, J, V, Farwoll & Co, Lisu not yot evineed any synptoms of subsiding, Tho storo wes 83 crowded sealorday asat any time durlug ho preceding weol, and tho contiuuenco of the demand for good at tho ro- duced prices appesrs o be nlmost ns $noxhanstiblo us thestock beig nold, Ladies should remember, howe over, that the roduction on domestlo goods, though Teaily romarkablo, f8 nob as great 1a npon.fuhcy arti- clee, such a8 gloves, fure, and efmilar articlos, 411 tho dgires aro so low tha they cannot o tanriied by anyothor houre ntown. The sales yestordny ary computed to hinvo been ubout $20,000, Aud atill there 13 1 hrgo vtook yot fo be disposed of, and nn opportu- ity whicl purchazora will not uoon Have gala, Russoll, No, 148 State Btroet, kas Old and New, Populur Sclence, and Sertbnar*s Horthly for February, —_—— b Cod Liver 0il, Iuzard & Oaswoll's Cod Liver Off is tho eat, THE LAW COURTS:. Police Rights and Moneyed Vagrants. A Pairolman . Fined $!00 by Judge Rogers. Notes from all tho Courts. Gonoral Tho right of tho police to arraat suspocted bad chardeters, without warrnnt, las boon trled during the weok boforo Judgo Porter, of tho Buporior Court, in tho sult Wolla v. Bhanloy. As the facts have not boon glven, mero montion of tho eanso of action having beon hurriodly stated in o fow linos by the papors of tho oity, we pro- sont a notice of tho proceedings from the first. This fs an actlon of trospass brought by plain- tift against defondant to recover 85,000, for an arrest of plaintiff, mado by dofondant, as & va- grant on tho night of June 11, 1872, Dofendant was found guilty boforo the Polics Court on tha noxt day, nnd fined €25, Ho appealed to tho Oriminal Court, and shortly aftor commenced suit againt dofendant for the arreat, and, whilo thie suit was pending, Mr. Wolls, tho attornoy of tho plaintiet Wolls, is statod to bave prooured from Genernl Btiles, the ity Attorney, tho dis- misoal of tho sulb agninst Wells for vagrancy, without mentioning anything about tho fack that anld Wells hLed sued tho policoman, end, na is claimed by tho ofiicer, con- conling tho samo - from tho Oity Attornoy, On the trial of tho cause, tho plaintif ywora that ho camo to this city Msy 18, 1873, and went to tho Southorn Ifotel, whore lo rogistored his namo, took o room, and occupied it for nonrly two woeks ; thet ho was struck by dofendant, who tore his clothos j that ho was employed n thio businoss of fixing tonts, and bad hilu busi- noss roon, whero he was emiployed, in the rear of o golaon kept by ono Gavin j that ho did not and had not froquentod any house of ill-famo, ond wae o man of monnn, A Inrge number o! witnosses of defondant swore that plaintiff was eimost constantly in Gavin's saloon; wag thero with bad charactors; was on the sireet with o notorious women, and was aléo ocoupying a room with her, nud somo of tho witnessoa ntated that sho paid plaintift’s wash bills, and had fuc- nished him moneoy. It was also testified that Guoyin's saloon waa the resort of black and whitd womon of bad character, of thioves and “pimps,” and that plaintiff consorted with them and was intimate with them. Defendant 8leo showed, by tho propriotor of the Southorn Hotol, nnd the booka of the hotol, that tho glnmfift did not rogister his name thero, and did not stop thero, a8 lho' had sworn, Dotendant 80 showed that ho had beon ordered by tho Borgeant . to ar- rost plaintif if ho found him loafing round Gavin'a ; algo that ho dld not strike plain- tift; did not search him -and did not tear his clothes, and ihat they, in fact, woro not torn. Dofondant also claimod that plaintii¥'s habits ond ssgocintes wore such that he had good rea- gon to bolioye, and did boliove plaintiff to be a vnfimue, and arrestod Lim at night, while coming out of said saloon, as n vagrant; that the Polico Court, which had tried tho csuse on its merits, Liad decided plaintiff to bo A.vn%rmh that de- cision lizd beon done nway with by sha; rac- tico on tho port of tho plaintift; and that the 8aid arrost nob only was justifiable, but com« ‘mendable. Tho intorested will ind in the following snm- marized Instructions to the jury the nature of the powors of the polico horein : That tho Jury nre tho judios of the credibility of tho witnoss, anil niay coneider his manner and appearauco on the atand in cstimating tho valuo of his testimony; also whother hia luumonf'il corroborated or contra- dicted, ~Also thiat tho pollco of tho city aro, within Cook Gounty, clothed ith all tho common faw and stctutory power of Constnbles, 80 far as the arrost of peraona guilty of o violation of tho Steto laws or city ordinancos {8 concornod, and thoy may lawfully arrost, without warrant, any person within” the city whom thoy eco violatlng “suy celminul law of tlio Siute or " city ordinance, That {f tha Jwsy boliove that tho plaintiff was in fact n vegiunt under tho Siate Iaws or city ordtiances when arreated by the defend- ant, aud that the defondant fully belicved him to ba 8o, wen the defondant was cutitied to o finding, ‘That the jury must bolieve, If fluding for the defend- ont, that pinintilf waa in tho habit of staying in driuk- Dig’ ealoous, houses of: fll-famo or of Lot reputo, or idly loitoring or rambling about, witbout amployment or viztblo moans of support, ‘That, in caso of conilict of testimony, the degroo of orodibility nttaching to caoh witnoss Thust bo Judged bo the jury. But the most intercsting part of tho instrue- tions are thoso which the Court refusos, for they show at once the woaknosg of the dofonca and the limit beyond which tho law does nob go. Thoy are as follows : : In order that tho pisinti(f may recover in this cané, o must show to tho eatfafaction of the Jury that the defendant made the arrest without any reasonablo cause, or that, having such rensonablo cause, he made .euch arrest in @ violent or wisuthor- ized manuer; apd {n dotermiuing much oauso, the Jur; will coneider the — cvidence respecting the conduct, habits, aud aseaciations of tho plafnlif prior fo tho afrest, s well as tho fact thut ho rt?uu Maglatrato found him gullty of beings va- gran! That o verdict shall bo_rendered for the dofendant should tho jury believa that tho defondant wos & mome- ‘ber of tho police force of tho city at the timo of the arreat, and arrested tho plaintiff as a vagrant, had him Tocked up on such chargo, and fined tho ‘following morning on such charge. 'That a verdict bo found for the defendant if the jury find ihat the officer nctod fu good fufth, snd actially DLeliovod the plaintifr to be a vagrant, The noxt instruction ia similar to tho lnst, with the addition that the jury should find for the defendnnt if the doieudvant used no un- necessary violence, . Noxt, that the police haye power to arrest without warrant all porsons found violating tho Btate Inw or oity ordinance; and if the jury bo- Jieve tho plaintiff was a vagrant, or was 60 bo- lioved by tha dofondant, thoy should find for tho defondant. The othor rofused instructions for tho de- fondant wero to tho offect that the finding would bo for tho dofendant should tho jury boliove that tho plainti® was a fre- quonter of honses of ill-repute, and hud no apparont cmployment; that tho sorgesnt had orderod the arrest, it Lo found i)!n(uhlfi loitoring around Gavins’ floon ; that ho arrost was not made wantonly or maliclous- ly; that tho dofondant, from information and Loliof, had good reason to beliovo that tho plain- tif wos a vagrant; and if tho avrest and ziemn- tion undor such beliaf constitute tho plaintifs only caues of action, Tho jury roturned a verdiot for tle plaintif 9100, aud'n motion for new trinl wes fmmedi- ntoly entorod. 'Phis case causod more oxoilo~ mont than any caso that has beon heard in these Uq\:rln for along timoe paat, oxcopt the Lucker suit, A BUIT IETWEEN PABTNERS, Tn the Buporior Court, yosterdny, prococdings wero institutod in tho case of Wobster v, Walsl. The partios woro formerly pariners, and tho ad- iufltl‘nenb of difficultics between them is sought u this Qourt, According to the bill, in tho fall of 1867, the plainti? aflivms, the parties ngroed that plainti® should purclisse of B, B, Ward forty ncros of lnnd citunte in that part of the county now called South Park, in the ‘Township of Hydo Park, for £10,000 ; also, of B, I.. Poaso a barn and tho unoxpired term of tho ground lenss of * coriain prome ivon on Indiann siroot, togothor with slxteon horscs, u quantity of harnoss, aund trucks and wagona, valuod at £9,000; also the propeliors Adriatio nud Equator for 20,000 onch ; the whole to be nca\llrod by tho plaintife in his own name to boheld for the joint benefit of himeolt and tho defondant ; profits to bo shared allke, In pursuanco of this coutract, tho Iand in Hyde Park and proporty on Indinua stroot were purchased for §19,000; and the vossols wero obtainod, partly on cash and portly on notos, ruortgages being given toaccure the notes, which notes woro aftorwards pald in full, The object of tha abovo purchases was to oquip a line to carry gooda and morchandise DLe- tweon tha difforont depots of tho city to ship in the propollors, whioh wero to bo chartored by the Qrand Trunk hullwny of Canada for couveyance to Goderlcl, Ontario, for that and othor Eastorn ‘)nl‘hfi. Tater, in Al‘)ril, 1870, with the consent of Waluli, plaint{ff oxchangod tho aforosaid 40 acros ot land in Ilyde Park for tho Sturgea House, No. 111 Pine atreot, with ono O. W, Colhour, who convoyed tho samo to tho parties. In July of the samo year plaint!if and Walsh boughf, in their joint namos, aud for joint beneilt, 104 neroy of land at Burusido, “Town of Hydo Tark, paying thorofor 816,000, a8 woll as two building foud at Wrightwood, Cool Connty. Boon attor, Walsh roprosentod {o plainti® that ho oould transfor thio 104 noren to one Hart for 620, 100, and asked him to convoy his interout to him whicl o did, and Walel subsequently rocelvod §20,000 thovofor, Walsh alko roprorented that the mouney sunk in the Bturgos Houso and Wrightwood lots could be batter invested by himaelf than tho Pnrtneru, and obtainod an ns- signment of plaiutir's sharo ; the Btuigos House 'waa insurod at tho timo for 830,000, Then camo tho firo ; Walsh rocolyod tho insurancos, nnd the flames took chargo of tho books and accounts, whioh woro utterly dostroyed, ‘Tho books, npors, coplos of nccounts, and o forth, thon in rho possoshlon of Walsh, are bolisved to be ox- tant, but Walsh has rofuscd to sllow tho plain- tift to inspoct thom, Tho Z)Inlntm oharges that Walsh sold the Indlana stroot proporiy n long timo ago, and nover accountod for {ho monoy; that in succosslon Lo aftorwards disposed of overything oleo, and nlvplla(\ the procoeds to hls own purposos, tho monoy being now Invostod by Walsh in {ho bullding it tho. horth- weat cornor of LnSallo and Washington stroots, and tho balanco bolng doposited in 1, Qreone- baum's bauk. Whorofore plaintif prays that tho Court ordor an account to ho taken of all the trausnctions horoin namod, The dofendant's anuwor mny put a difforent light on this curlous affalr, ospoclally.as the biil loaves very muoh to Do juforrod, and in wanting in thoso dotalls which business mon and lawyora gonorally in- nsort in thioso documonts, . _OENERAT, NOTES, J. W. Beott, J. J. Brown, and 0. H, Morao, Truatoos of tho First Congregational Socioty, having rolinquished all olalm as creditors of Goorgo L. Beott, bankrupt, against tho estato of Munn, Norton & Bcott, bankrupts, and it ap- poaring to tho Assignees that tho rosidonoo of QGeorga L. Bcott, valued at 830,000, is subjeot to mortgagoes nmounting with Interost to $33,000, 09 woll o8 tho homoatond intorost of the bauk- rupt,valuad at $1,000, on roquost of & mortgagoe, Goorgo McConnell, of dacksonvillo, IIl,, it wad ordored by the Court that tho Anu(finou givon quit claim doed to tho eaid MeConuoll, In another - column wo glve n roport of tho argument on domurror, to the bill popularly known ns tho Calumot Dam bill, nnd Jud§o Willinma' intimation of his intention to sustnin tho demurror, which will remove tho injunction, and loavo thio Commisaioners froo to tear down tho dam, unloss othor proceedings are inatituted. The injunction in the buildors’ d[l‘mrtymrnhlp sult, Barkor v, Piko, was yostordny dlssoived by Judgoe Farwoll as regarda all_tho dofendants ox~ copt Elisha Wadsworth, Tortlus Wadsworili, and tho unknown ownors of tho building on tho nouthoast corner of Frouklin and Bouth Water sirects ; Plko to fil bond in 25,000 to pay any #um that tho Court may fually decroo. Tho Tuckor cnso gnun ovor until to-morrow, Judge Treo baving adjourned hiscourt over from last night in consequonce of engagemonts of o private charactor. Counsol for tho plaintiff will ‘commenco summing up on tho coming in of Qourt. Judge Rogers ‘will, to-day, call 44 to 55 Inclu- alvo, Jud;;o Porter will continue to hoar 85, Bisby v. Towor ot al,, commoncod yasterdny, followed by 18, Androws ot al. v. Dow, and 08, 102 to 120 inclusivo. Authority was given to tho Assignooof Dotsy Boilvin, in” baokruptoy, yesterdny, to soll the Btock, smounting to $3,314.94, Jorry Henlgy, ohar&nd withlarcony,was yoster- day found ty, oud sont to tho Penitentiary for ono yoar. John Cuddy and Jamea Nolan, chargoed with rlot, wero yesterdsy discharged, the jury being unablo to agreo. All rnfiuu and proceedings in the matter of Jonoph H, Moss, bankrupt, woro yesterday ro- forred to Rogistor.Morgan. TLouis Wursburgor ot al. wore yosterday Mlgfl- dicatod bankrupts, and Charles R. Fross tho samo, Mr. Boyce is éxpeoted to appenr before Judgo Booth to-’;’lny. 3 NEW SUITS, Tie UNrten Brarea Omourr CounrT—Fresland. Tarding & Richardson v. Bongloy & Francko; atsump elt, $3,000,—Firat National Bank of Elgin v. Ed\\'nrli Keogli, Collootor'; {njunction restroining tho collection of faxcs' on bank stock—Samo v. Horaco Dou- hom, Calleotor ; eamo,~Third Natlonal 'Bank of Ohicsgo v. Georga Von Hollon ond olty s semo Tur; OmovrT OOURT.—5,626—330 Voagh of al. v, Kn"azu'nrpofl. 5,05—N, O, Baldwin & Co, v, GoocgoScott ; confosslon of. judgment, $535,68, 6,026 —H, A, Wintors v, Green & Bpoara; appeal, "6,627— M, Baldwin & Oo, v. Goorge Scolt; sMdavit to arnishoo Jumes DM, Marshall and Malcoim McNeill for 505, 5,028-—Peirlo v, Dause; sppeal. 5,020— Troptinfior V. Edler ; appeal ‘ohe AUrRiion Unnnprp—e.’sz,mo-.vahn Alston ot al, v, J, B, Rowoll ; afidavit for gmnishment of Stophon F, Brownand H. B, McLean for o judgement of $05.08. 42,081—Alstinon G. Banford ¥, Michnel V. Glllick nsoumpelt, $1,000. 43,02—Eliziboth Y. Solomon 8. Bpraguas divorco on the ground of adul- tory, 49,043—Aaron Gibba v, Nicholss nud James Gonry ; Potitfon to restore judgment of $1,258,80, 42,044—Bottled, 42,045—Xeeley & Iorwin v, Thomas O'Donovan; coufcsslon of fudgment on n noto of =~ $246.63, 43,046—Charles Watson and Frooklin Janney v, Loonard Swott; na- sumpslt, $1,230, 42,047—Thomns Cogawall, J, Hayiley Weber, Obed W. Wallis & Co,, Honry Knight v, E. D, Vateutlno; nssumpsit, $060." 43,048—\Wm. D, Pable man v, Jas, Mathows, and O, O, Ayera; replovin of olght Bazreln of Godar' Run whiskoy, valued at 1,000, 40,040—R. O. Bmith v. James Daxfer ; assumpait, $1,~ 00, 43,050—8iduoy T. Webstor v, James Walah & bill for' roliof and nccountancy. 43,051 ond 43,052— Bupprossed for _sorvice, "AD0IG-Frederidk ~F. Brodley, survivor of Bradloy & Mathier ; assumpsit, 2,000, ’43,054—3ary v. Anton Dusck ; divoree on tho ground of Crusly, _§3.0%—Mars, Aum, and Chales Tt 'Connor v, Honry Williams ; ojoctrent, $500, 42,056 —Samo v, John ond Dridget ; same, $300, 4, Charles A, Lewin v, Joln N, Gage, Dougins R, Halo and Richard L, Carhurt: action of dobt, $10,000; damages, $0,000, 43,0358—D, F. Devlson, Sehior, J, I McCormlek, and E." G, Davison v, Juwmes McQuirk ; nasumysit, $100, - PERSONAL, R. D, Groenleos, Glasgow, Scotland, io at the Bhorman, Hon, T W. Btovonson, of Bloomington, was ot tho Bhorman yesterday. James A, McElroy, United Btates Navy, was at tho Brigga yestorday. Yon. 8. B. Grinnell, of Grinnoll, Towa, is at tho Tromont. Jamos F. Joy, Prosidont Michigan Contral Rallroad, is at the Tromont. Oaptain IL N. Mass, United States Army, wag at the Tromont yostorday, Colenel R\g‘ier Jones and Captain 0. D. Bun- kor, United Statos Army, ero at the Bhorman, W. H. Oruger, Vico Presidont of the Tolodo, Poorin & Warsaw Railrond, was at tho Tromont yostorday. Mrs. Xate N. Doggott will delivor hor locture on * Vonico " this uvuninilnt the rooms of the Christian Union, No. 758 Miohigan avenue. Gonoral Julius White and daughter have started for the Argentino Ropublic via Europo, The Ionfient way round is somotimos declared to be the shortest way home, The follnwifig wore at_Anderson’s Europoan Hotel: V. M. 8now, Boston ; A, H. Miilor, LaPorto, Ind.; H, Bigflaf Aurors ; W. Durham, Davenport, Iowa ; I, H, Myers, Canandaigua. Chriotinne of Tolodo aro basking in the sun- ehine of D. L. Moody's forvid oloquenco, A holo weok of this rare onjoymont is promived to the unrogenorate of the Ohio villago. Tho following yora at tho Gardnor yosterday : A, Bwanzy, Now Yorlk ; %. Cluit Collior, linnsns City ; Samuel Garduer, Wnshington, D. C.; 11, G. Hill, Lyons, Iowa: William 1. Horbort, Talthuoto ; T, I, Rous, Elgin. Judgo Dark Bkinner and Hon. S8amiuol W. Tullor, of thin city, are wintering in Ja ville, ifln.. whore, rumor pays, they ha ol baso ball organization.” Oau sush: thinga 0 The following wero at the Tremont yostor- day: O, F. Bumnor, Now York; J. Groon, 8t. Louls; 4. E. Koith, Fort Vornon, Va.; A. MoKay, Jr., Keitavitle, Mo, ; Goorgo Fortor, Dlttaburgh 3 W. O. Wateon, Philadolphia, President Knapp and Secrotary Metcal?, of the Tort Pitt Foundry Company, of Titinburgh, cloked up thoir nccount with the olty yestorday In connection with the manufacturé of the machivory of the enormous now engine at tho ‘Water Works. Tho funoral orvices of Mra, Hattio K, Btoroy, wifo of Mr. Willur . Btoray, will tako placo af the Cathedral, corner of Pooriy aud Washington streets, ab 1 o'clock to-day, Tho romains will ba takon from tho family vesidence, No. 668 Michigan avenue, nt 12 o'clock, instead of 11 o'oloals, ay Boretofore announced. > Tl following were at the Bherman yesterdny : w. G. Oelu Oshkosh ; W, 8, Ohaplin, Lake Hu- orior ; YA Wilson, Milwankoo; B, Bpraguo, ow Yorl; Edward Preston, 1lariford, Conn.; 0. Tox Bargont, Philadalphin; N, Biovons, &t. Louis; A, Anderson, Tolodo, Tho following woro nt tho Brl[;es yostorday : Oharles A. Libbay, Janesvillo, \Wis.; J. A. Tvonol, 8F. Lowiu; 3. Denton, Massiton, Iowa ; J. D. S‘fnuhllng, Now York; A. J. Rawdon, Clovoland, Oblo 8. ¥, Massal, Dhiiadelphia ; P, J. Ovoraoro, Konosha, Wis.; Georgo Butt, Minnoapolis; B, F, Blake, Plaasautou, Kausas ; I 0, Power, Fort Bouton. Tho childron nttundh:F tho Bkinnor School, cornor of Aberdeen and Jaokson slvecty, l:uve in & My, Hughos & truo and thougheful friond, At tor evory snow-storm, bofore fim hour for golng to soliwol, this l‘f""{,]’he"l“d mun brings ont snow-plow, drawl'Ly s own hotso, and cleara away tho snow all around the aquare, that tho youngators may go to school with dry feot—an unoelontatious sob of kindnoas that desorves vublio recoguition, |—THE FINISHING TOUGHES, The Tucker Sensation Fast Melting Away. Tostimony Concluded, and iArgu- ments in Order. Conclusivo - Xividenco of Tall Swearing Somewhere, Tho Tucker cnse camo up again yestorday morning before Judge Troo. Whore was thio usunl largo nttondanco of males and fomalea, Tho dofonco rested. Colonol Lambert wna rocalled by the prosceu- tion, and said ho did not romember the sccond timo ho wao at Mys, 'Fuckor’s house that hio had suid Do would mnko that n test crso, and that Mr. Hoyt had told him ho should tako a man, Dr, A, 0. Bavago had met Mr. Druliuer onco at tho witness’ liouso lnsb spring. Mossrs., Ligo and Pago woro with him. Drulinor epoke to him of tho irregular transactions of tho Reliof and Aid Socioty, and said ho and others had got s, Tucker in o back xoom and oxacted & papor from hor by which sho ngreed to roturn cortaln goods. Il wes ono of thoro who lhelped to “oloan her out.” A policoman wag presont to lend her to holiove cho was under arrest, or to intimidalo her, but tho witnoss was not certain ns to tho word, Oross-cxamination : Ho had written down part of whnt Druliner gaid, but had lost it, Mo- body Iiad mot nt his houso to wor on tho Ttelief and Aid Roelaty, but ho had beon ot nuch an or- ganization oleowhero, and took partinit. Ifo was Becrotary pro fem. Lut conlribuled nothing. Ho directed Druliner and Iago tothoe propor poreons to whom they ehowld make thelr alato- ments. Ho was not au onomy of tho Socioty. Mr. Reed, bailiff of the Court, testifled that ho Inow Druliner by sight. Onee, nt the cornor of Harrison and Ilalsted stroots, Drulinor hadan falk with Lhim, avd geld that {hey ab- solutely forced Mrs. Tucker to sign o peper, and ho thought it ihe greatest outrage Lo over heard of, Tho wit- uens hiad 1140 o suit againat Mr, arvoy, Drulinor waa loft out sinco ho could not got his name, Ho told Druliner ho would put him on juryduty, ‘but did not pay him $7.50 for jury foos to which 110 was not ontitled, o know thab Mr. Druliner had not served, Ia told Mr, Xing he did not want {o tosiify, but that was not on account of tho 87.60. To did nob want Lo bon witnesa bo- causo ho had other business to attond to. Mr. Graham toatifiod that lio wns employed by tho Toliof nnd Aidl Soclety after the firo. Ilo issued ordors to tho lumbor yerds, with aboub forty of which thoy’ doall. Ar. Iurvoy farnished gomo, Tho witness had heavl Drulinor sy, in substanco, thet his avidenco in the Tucker caso could ho made of pervico on citlicr sido, and vequestod (ho wilnouy to soa M. Jolm Lylo King, to mako an arrangement for using him s o witness, - Ho inferred Dru- linor wanted to Lo on tho hest-paying side. DBlakoman was preacnt at tho timo. 'This was at tho City Hall, “Drulinor and Blekeman wore to- gother, and ho Dbolioved the lutter begen the convorsation. ITe did not know that it was ar- ronged that any ono should %n to Mr, Xing. ‘Whon tho Bociaty began oporations it was vory bard to got lumber. ~ Harvey's yard was at tho foot of tho list. Misp Larclay wns recalled, nnd tostified theb she lind been connectod with tho Rolief and Aid Haclety, nnd knew thoir way of doing business, [This " witnoss was called in order to try to prova that porsons who had ordoraon the Bocloty often did not get the goods named, and that pos- slbly s Tucker did not got dll tho articlos chargod hor, and that the quelity of somo sho did receivo wns inforior, but the testimony nmountod to vory little.] It had boen hor oxpe- rionce that those who appliod for relief got all thoy could, whorever they could. Aftor a short rocoss Mys. D. Fitch tostifled thaf sho first know Mra. Tucker in Novembor on Irving placo boforo tho goods wero taken. Sho had boon all through the house, aad kuew what was init, Tho Judgo rofused to allow her to toatify what was in tho Louso, Ara. Wilkio testifiod that Mra. Tucker was at Ler houto two weoks. Bho broughs nnthiugi thero, but & packago camo coutaining an old dros skirt, and gomo other things, many of which woroe givon to Mrs. Lyons, and some to siok childrou, . Al theso goods from the Anu Btreot Chunrch woro worthabout 85, Mra. ‘Tucker rotained, porhaps, o onlico wrappor: [Tt was proposed to prove by tho_ witness that, with all Mra, Tuckor had received, thero was not a com= fortablo supply suitable for the condition of the family, but it was ovorrulod.] Mr. E. Martin testified that he was_omployed by the Relief and Aid Society, end had chargo of the Complaint Dopartment, to which all wout who complnined of tho unon-delivery of goods, many of tho complaints nrieing from tho fac that'goods wore charged bofore deliverad, and froquontly the goods were nob on hand. Tho order wns poor proof that all tho goods had been deliverod, Bome woro often delivored, aud- the ordor hold to deliver the othors, bub it was raroly rogurrgcted. “Pho witnoss was oross-oxemined at length by Mr. Bnuth, but nothing of importauce was shown, Mra, Tucker was recalled, and s8aid sho went to Now York to gob to bo n_ nowspapor corre- spondont, and do somalhingin order to take caro of hor famuly, It was thon sho got tho lettor from 1. D. Clnfiiu, Sho got a_cooking slovo, but no utensils: Ble did nob received tho lndics’ boots No, 7; no ton yards of flannel; threo shawls instond of fivo; no kitchen table; two conta, vests, pair of boots, sockn, ovorcoats, towals, one bub, two poir of blaukels, throa pair. of shoos, which wont to Mra. Lyons, and o couplo of wrappers, An for tho Masonic rolief, she did mot got all tho articles namod, but whore sho did not, sho gok something else. 8ho then ropeated her statoment of tho convorsation with Lambort oand Duyal in_rogard to Masonic roliof, and do- clared sho had nover doniod Layiug that relief, Duval novor told hor sho lied, but sho bad told Lambort onelio was nailed, ' 8he was tho only ono that used tho word “lie.” She left Alrs, Morse’s beeausso sho wonld_not teke pay for bor board, and went to M. Kinnoy's, since it was noaror hor now houso, 1for daughlor saved o trunks from the flro, The eldost saved some ovening dressos oud wome musie, Sho had om- ployed Hirs, Tiyous off and on for six years. Slio was ab Porch streot only four daya ; nze to take coro of tho honso whils Llvs, Tucker way away, tho lnttor agreeing to got her fomo thingo, Siio Tiad no goods at Norwood, and font moibinf thoro. A little ukirt waa given to hor sistor, who lived at Norwood, No onu {old herat iho buw- recks anylhing about sucing hov to got tho goods, or mplm’{ing ‘thon i ’,l'l.u‘\l proseoution staled that their teslimony wen all . Mr. Druliuor was recellnd by the defenco, and eald Blakoman hind told him Lo had botter soo Graham. It was ono of that two wio upolte of going to soo My, King, and Mr. Grahwin uaid {nm-hnptg ho vrould do Lt Bofore tho witness loft ho Toliof Bocioty, M, Fuzo, while riding with him, seid thero could bs monoey Tanade outb of the ucker ongo if Drulemer wonld ullow hin eyidenco to Lo controlled, Aftor that timo, Binkeman and Page and ho woretogother, nu thioy said that if thoy could control uls ovidenco thoy conld mako somo_ money. Thoy told him that thoy lmd beon _to koo Mru, 'Packor, who roforrad them to Mr, King, Aftorvurds Pago mid o hed woon My, Ling, who gave i 1o encouragemont. Tho witncss told hin to soo Kiug again, ]’1\110 und Blnke- man cams again, end said thoy had seon King, aud that they throe should have one-third of thio verdict. 116 told thom to go aheud nnd got the ogreoment drawn up._ A weole later, ho saw Tage uguin, who sald Mr. King wauted to pee lim, Tho' witnons wnutod King o call né hin houeg, but tho former wont out_onrly, No ono callod on him. 1e did not in_his own mind st {empt to do soything of tha kind, but ho wanted to load thom ou, Mr, Blakomsn sub- poenaed him to apponr. He liad novor had ony convorsntion with M, King, Mr. 8mith stated that huqmd no iden that Mr, King hnd had any part in anything of the kind. “tho defence restod, "'ho Court ndjourned till this morning nt 10 o'glools, when the arguments will bo mada, i WASHINGTON HEIGHTS. At an adjournod mootiag of proporty-ownors at Washington Hoights, hold in tho oflea of tho Bluo Island Tand Compuny, Chamber of Come meroo, on Wedneodey, L, P, IIilimad was collod to proside. Tho Uommltteo nppointed one wook provious to sollolt subscriptlons for Professor No:ton's Behool for Noys, to bo located nt Mor- gan Park, Washington Holghts, roported {hat tho raquired nmount of land snd money bad boon subseribod or pledged, making now a total of §20,000 ‘in monoy— 20,000 for bulldings, and §0,000 to oquip tho inatitution—and fifteen neren of land in Morgan Park, worth $25,000. Colonel Olarko stated that Profossor Norton had hoon notified to como to Ohiengo, and commenco oporations nu onrly ns tho wonthor would pormit, By unauimous voto, it was agreed o continuo tho Linanco Commitleo, to take tho subsorip- tions of Innd and monoy for the Xemnlo Col- fopo to Do located north of Tracy avenuo, \Vnflhhlglon Heights, and to cost aboul £100,000, It wao atafed that tho laud ownors altently roen oxprossod thoir entire willingneas to givo thelr proportion to the school i of & flrst-clasn ordor, A highly intorosting lottor waa thon rend from Profaunor Gilbort Thayer, of the Jacksonyille Femnlo Collogo, who lias mado o roposition to talio clinrgo of tho sohool, ‘Lhe Committco on the Widening of Western Avonue roported the ownors, ng far os consulted, in favor of widening from 66 to 100 feob in widtl, and Westorn avenuo boing 100 feot wido from Fitty-fifth strect to Shoridan avenuo, it wad rosolvod to widon tho strook from that point to Blue Inland Villago, and to continue tho Committoo to carry out tha samo, and also to talre tho necendary atops to annox to tho prosent ‘Lownship of Calumnet, & strlp of Iaud one milo in width off tho est fino of tho Town of Worth, and algo to oliango tho name of tho Townebip of Calumot to thot of Washington Hoights, The meeting thon edjournod to ussemble at tho crll of either Comunittoo by notice in tho daily prpors. —_—_— THE CALUMEY DAM. A Deali-Blow Struek at the Thing Yesterday, The Qhstruotion Must be Torn Down by the Commissioners, Two Motions which Judgoe Will~ inms Will Sastaln, A doath-blow was yentordny struck at the Calu-~ ‘mot dam infunction, tho Court, Judgo Williams, intimating hia intention to pass in favor of tho domurror and motions thab aro given below, and which will explaiu thomsolves, Thiy lawsnit is too well romerbored by the citizons of Chicago toneed nuy details in thig column as to tho al- moat historical circamstances thai gave rise to it. It is sufllcient to eny that 1t was brought by partios who hold an ngreemont to uso thesurplus weter of tho Calumet dam, ngainst tho prosent Commissloners, to restrain them from tearing down tho dam, which has cansed the inundation of alarge portion of Indiana. Correspondouce and uegotiations botween tho rnuthorities ol Indinna and Tilinols Lave been for n long timo pust proceedivg, with the view of an arrangemont of matters, und tho result of which was thab tho Commissionars iulimated au inton- tion of pulling down the worl, bub which in- tention was for:a short timo nbandoned when tho present complainants procured an injunc- tion reslraimng auny future nction on tho part of tho Commissionors. It was in this that action was taken yestorday ; ono of the dofondants on- tering n domurrer, the Cannl Commissionors moving to quash tho return of Lo writ summon- ing thom as partios to tho bill, and the Attornoy Goneral of the State’of Illinois moving to nbato tho suit by the omission of tho Comnissioners o8 dofondanta. - Mr. Goorge T. Bailoy appoared for tho com- plainanis and M. Georgs C. Campbell for tho dofondant Smith, the Attornoy Goeneral of the Btate, nand the Canal Commissioners whosoe names aro given below. Tho defondsut Smith, attorney, demurred to tho bill on various grounds. 'Uhio bill sets forth that Pfeiffer aud Rose, togother with Frank Marchoizks, August Hamok, and Danisl O, Robinson, (who nre not partios to tha bill), en- tored into an agreoment with the Trustoos of the Illlinois & DMlichigan .Canal, by which tha . Trustees lonsed to thom, for o term of flftcon yema (with sgroement to renow for a furthor fiftoon years), all tho surplus water, to bo taken from tho Calumet dam; that upon tho lease bolng made, land was bought and a mill ercoted ; and that complainants are now ownors of said ground and mill by purchade. To restrain the |- tearing down of this dam, by which such water is thus secured to tho complainants, this bill was brought agaiust the Commissioncrs and o tomporary njunotion grantad. 0 dofondant ~ demmurred that tho bill doos mnot alego that eithor of tho partios to tho agreomont havoe sold their intoresls in such agrooment to tha com- pluinants, or assigned their intorosts if told, and that thoy aro parties to tho bill ; aud that thero is no suck nvorment in tha bill of n lease of wa- ter-powcer a8 will onable the Courb to ascertein whother a valid Joasa exists, Tho counsol argued, in support of the firnt }miul, that in caso of nrosignmonts the person having tho logal titla in tho subject mattor of ihe bill st be a party (either n plaintitt or de- fendant), although o ks no Lenoficiary intor- cst thorain, 5o that the logal 1ight may b bound by tho decrae. ¥lo citod nuthoritios to show inrthor that if auy intorest romainsg ‘in’ the as- signor 1o munt bo joined as o party ; that in tho cuse of joint iuterests, joint obligations, and contracts, ote., ofc., all' the joint contractors must b uu&u!nufl \wlo may bo aftected by tho dceroo; and that the objsction mey be taken nd- vantnge of by demurror; from all” of which ho doduced that Marchnitzka, Hemolk, and Robin- H0D Ar0 LOCOSSArY parlios {o the bill, In nupport of tho sacond point In tho demurror, tho counsol quoted suthoritios to show that the power of "the Tiustees to lonsa water powor wai o speciul and limited ono; that tho firab authority conforrod by tho Doard of T'rustees to lonco or dispoao of water power was the act of Il‘abx'lmr{' 22, 1830, which zuthority, by its terms, was conlined to snles of wator powor to points on tho caual whoro lota hind boon or 1aight bo Iaid off for that purposo. No such lots wora over owned Dby tho canal “at Oalument. Buch salos ‘voro to be by public_suation; the Iots and walor power wora to ho appraised veparatoly, and not sold for loss than tho appreisul, - Tho loaso was to bu under soul, The records of tha Ionrd of ‘I'rustees showed thab on tho 8th of Auguat, 1848, tho canal apprainers valued tho wator powar in 'question as follows : “For water sufllcient for ench run of mill stones d4l¢ feet in diamoter, in tho towns of “Lockport nnd Joliet, '©1,200, and b alt othor potuta, 3760, Counsel objeoted that thore wus no avorment in the bill ‘that thoro wad, in fact, n loaso undor meal, It was stylod **an” ggreoment,” and stated to Lavo beon duly oxcoutod, Tho Trusteos wore not authorized by law to muko * an_agreement " for tho wic of waler power. Neithor wes the consideration al- logod ; nor was the agrecmnent sot out, Thoro Wiy 10 avormont of an appraisul, or that iho wnter was not leased for leas than the appraisal, Thero wos no avermont that tho power was pur- clinged at publio auction, The agreomeut did 106 pecify the quantity of wator to bo used— ono of tho requiromonts of & valid loaro, ‘Cho nizrnmuem. wai nllagad to havo given tho com- plainant the right {o uso all the water not ro- quirad for tho supply of tho canal; but tho Tristoes wora not authorized even to leaso without wpocifying tho quantity to ho used. Turthor, thore was no avormiont of auy consideration to ba pnid for tho use of tho wator-power, 50 that the Court could not de- torming wholhor tho provisions of the statute ‘woro comptlied with, 80 far ns tho considerntion way coneorned, In other words, the requlsiton for a yalid Ieaso are s follown : An npprainal of tho wator-power. A vufy ot pablic auction, A bid at Ioaat oqual to the appraisal. A dofinito amount of wator wold, And leago undor seal, specifying tho amount to ba used, Lho rato, oto. Not ono of which fucts waa averred In the bill, Noxt, tho Commisslonors, Josoph Utley, Virgil lickox, and Ttebort Mitne moved to quush the roturn to the writ purportod to have baen served upon the Unnul Uommisylonors, Tho connsul show that tho suit was brought agaiust the Cunal Commissioners by tho oficial titlos, and was, thorofore, & ault againnt the Buto of Illinols ; not against tho partios as individuals, but ofileially ; tho writ was not o the Eunonu hut the ofileers; thoy wore not sned by tholr names Dut hg thoir titlos, It was, thoroforo, n suit ngainst the State, for a Judg: mout theroin, if pald, must bo paid by tho Stato; no oxooution could lssuo againet the officors, oad if {6 cowld, thoy hnvo no property as ofllvors, In sorving the writ, addrossed to 'the Oanal Cmnmlusfimum of tho ftalo of Ilinols," the Shorl i seemod to havo ausumod that tho Com- misslonora wero a corporation, and mnado & ro- turn of Aervico ag followa: **Horved this sum- monsa upon tho within'named Canal Commirsion- ora of tfiu Stata of 1llinols, this 18th day of Ju- Iy, 1873, by reading the samo (o and delivery L{mruof 'to Thomas Smith, rn agent of said Com~ pany in Cook County, the Prosidont of un.('d Com= pany not being found in my county,’ Such woulld, no doubt, bo n good servico on corpora- Lion, but tho Act of April, 1871, snys tho Canal Commisalonors shall bo deomod officors of tho Stato, nnd not a corporation, in tho dis- cliargo of their ofileinl duties. — That thoy woro noting in (he dincharge of tholr officinl dutles thore conkd ho no doubt, for the Inws croating the Board oxprossly roqulrod thom to tako chargo of tho canal and its appurtonances on bohalf of the Btato, to mannge and control tho samo, Furtlior, tho Joint rosolution of March 10-14, 1872, oxpressly doclored that tho completion of the Dnur Cat in the Iinois aud Michigan Canal obvinles tho necossity of con- tinuing tho dam on the Onlumet River, and di- reoted the Canal Cominiesionors to causo its ro- moyal without unnocesanry dolny. o quoted *nuthoritios establishing tho Inw on tho points Inid down, nnd concluded by submitting that tho Commissionors aro not a corporation, and could not be suod or gerved with Pmccns assuch, nnd wero not bouud (o make furlhor ruawer in this case, TFollowing up this staggerer, tho counsol roxt appearad for tho Attornoy General of the Btate of Illinots, and movod that tho suit abato ns to the Canal Commissioners, tho nrgumonts in el Doing vory simila, 1t is not nocconsary to glvo. 5 Tho counsol for tho comylnlnune argued ab great leogth throughont the day in roply. Tho Court intimnted that if ho woro to pass upon theso matiors now, be should suatain tha domurror, tho offect of which would bo to-re- movo the fujunction. A, Balley asked for dolay to amend tho bill, and that tho Court should nispend ontering tha deorgo until the amondmonts wero mado ; and tho Court, after somo hesitation, snid ko dosired to meot tho convenionco of tho nitornoyn ag much s possible, and allowed Lthe order bo be doforred uniil tho smondments were submitted to tho other side. ATREN'S THEATRE--ATVEE, GREAT SBUCCESS OF AZiLils AN D T e » NEY THAE PARISIAN OPERA BOUFFS, This ovoning, Jan. 3, the great speainclar Opera of Genevieve de Brabant. IMEE. PAGE. BOKEL VT LEOUYER ind MAHOAS. om0t 10T GENDARMES, cmm? Jan. H, (Bonofit of Milo. AIMEE)--LA PERI- Satardey Aftornoon—ORAND ATMEE MATINEE--LA Oy RRVE TRR0 15 Gifsass, il drokt ccons Siurdny Night, fivst thn wo. ¢ fueccs of Pacly, "Bt. Potersburgh, ol Now York, LIS OENT VIERG: §indag Mioht, Grand Sunday Forformanco—LES BRIGANDS. " STAR LEOTURE COURSE. COURSE TIOKE Now for_ralo at tho Star Leoturo Courso dopots for VWest und South Sidey for the DEST LECTURE COURSE Frar organized fn tho Wost, Boston Soxtet Olub, Georga William Curtis, Theodoro Thomaa' Orchostea, $ondoll Tallliys, Prof, David Swing (South Sldo), Robort Collyor estplgrobiet, B 3 Moy s, b W ore 1 1 O Rib ENTER & SHRLDON, Mansgors. TITS (THURSDAY) BVENING, JAK. 23, Foss, an GR. ORGAN AND VOUAL CONCERT. Panz Finst—1. Dous Misoreatar, (Millard), Gholr: 3. Otfertofig, in D, app. 22, Louis I Quar. s Fallds 3. o Trado Quattotto— totta—t Whora Wi 11, W. Bogntan, ficst tonor, A. 35k, Locond tenor, v, Coulson, firit bass, M, Jon ond bass: &, Solncs tiong, (vafkl Yeulo Dt 2 Nong— ¥ Boausiiul Blrd Slug On, ™ (ilgwe), Brs. O, D. Girrington, Pant SrcoxD-6, Maditallsas, (Hattato), . B, Wes: Song—**Sang_OId Oconn,” (Mlard), B, ‘oncs: &, HMaroh by Wele, Louts Falks 0. Hons—* Fer T Graham), Mrs. O, . areinglon; (0. Ovorturo—** Will. ar Toll, (Hossinb), Lot L Admisslon, 60 oonts: 1o resorvcd scats, Concort (o commanco ot auartor to 8, HOOLEY'S OPERA HOUSE. Thursday, Jan, 23, 1873, Thirteonth Parformance, and oRl(ivl ooloty dat night but tivo of Bartlvy Caropboll’a ‘geeat raus, A PEPTEG D QBED, ALL THE FAVORITES N 5 £1nto I a genning aucaoss, bune, aurnal, 4 Altsrnate amiles end Lonn ? "il"ut\;llsn it as o Tollies and fotbica uf tlio tmes."— Post, Ocdor carrlagos nt 10 Suturday ¥a: MoVIORKER'S THEATRE. MAX MARBTZEBEK’S GRARD ITALIAN CPERA . PAULING LUCCA. CTiars nowliss EEollogm. Commencing Monduy, Teb. 3, 1873, Tull particulars in Bunday pavers, ‘ NIRON'S---MAUATLISTER. ONE WEEX, commoncing MONDAY EVENING, JAN. 20. Appearanco of tho papular PROT. J. M 31AC- ALLISTER, tho rroat Wizatd, in it maevollons DAST- ERN DELUSIONS., Byorything New, Strangs, and Btartilog. Ono bundred olcgant and costly prozonts @glvon awey ovory evonlug, regardloss of cost, Matinooa Wednceday and Baturday, [270ns huadrod pouads of Mixod Candice for tho childron at tho Matlaces. Earlro ohango of performanco alyhtly. ~ General admission only 25 conts; reserved portiun of tho hovec, L cents. Doors openat 7 o'elacl; onrtaln risca nt 8 o'clack. 0. AMORY BRUCE, Agent. UNION PARK CONG'L CHUTOH. _ GRATORIG SOCTELY, LEGIURE AND CONOIIT, at Unlon Park Congroga- tlonal Ghureh, THURSDAY EVENING, J LisCTURE BY Rev.LAIRD COLLIER. Qancort to conmenca at a quarter hoforo 8 o'clock, MoVIOKER'S THEATRE, The ominent author and sctor, DION BOUCICAULT, Will sppear this ascning as the Post,” and “Kerry,” Tu hls own dramas of ARRAH NA POQUXR and KERRY, BUEIL BARRY, In nrn)muuafl—nnuuinnfl GLOBE THEATRE. nde ing, Jan, 20, evs ight and Wed: DBOEBY NEWCOMB us PUNCIL In bis original drama in 8 acta ontitlod A TLIES L2 RSe3CyIN . The beantiful and nocomplished I tists the FREL. T L sronplifh st o ML, Dick, ThoGenoral, and Alastor Kddie, Miss Maudaiiiton, Aiss Lulls Ellis, Suppho, and the Uomoedy Compauy in 4 now biil MYERS' OPERA HOURE, Monroo ut., batwoen Doarborn and Btatosts, Avtington, Cotisn & Kemble's Minstoels, Mackin and Wilson in Now and Spnrkllug Bpsctalties, Firet wook of tha now and ortginal Gurlesydo, with now sonury aud hroper: itlod, ARRAIINO BROGUE, or i'ho ¢inl %0 tho Lips. Bon Ootton ns Old Mr. Schtmniorhorn. | Win, Ariiugion a8 Urauny Poachblooni. iy 1tca aa Arrall No Bruguo. very ovaning and Satiieday Maihies AUADEMY OF MUSIC, UNQUESTIONARLY THI DRAMAYIO YUROR 1S “oprTIn IVELTFREPEL S 'This evoning, Now Sonan and Bpoclulties in Maocdor's 43031 “Shaun S Wachtol' Tho Pestions Door, b 1} Fist Glagtonot, .l:; ] ypo Nuw Rongey by. ; ou tind b Gt YouAN T L bt TURNER HALL, EIGITIT ANNUAL BALL OF TII CHIOACO CALEDONIAN CLUE, Friday Hvening, Jan, 94, At Tarnor Hall, Vi thst, Tickots, £3: admitting acptoman nid Iadse o4, SRRk B W, Vouugsr. Rea'e &